Francis J. Serbaroli is a shareholder in the Health & FDA Business Practice of Greenberg Traurig's New York office. Frank has three decades of experience in the health care industry. His clients include health insurers and managed care plans; hospitals, nursing homes, clinics, ambulatory surgery centers and home health agencies; clinical laboratories; renal dialysis providers; faculty practice plans; pharmaceutical companies; and medical device and equipment manufacturers. He handles a wide range of corporate, regulatory, compliance, reimbursement, corporate governance, bankruptcy, antitrust and litigation matters. He also advises clients in connection with the prohibitions on the corporate practice of medicine and fee-splitting, as well as Medicare and Medicaid fraud and abuse matters.
Frank served as a member of the New York State Public Health Council from 1995 to 2010, for most of that time as the council's vice chairman. His government experience also includes three years as an Assistant Attorney General of the State of New York. He writes a regular health law column for the New York Law Journal and teaches and lectures on health care, corporate governance and not-for-profit issues.
Areas of Concentration
ˇ Corporate
ˇ Regulatory
ˇ Medicare/Medicaid
ˇ Government audits/investigations
ˇ Compliance
ˇ Corporate governance
ˇ Clinical research
ˇ Public health policy
ˇ Bankruptcy
ˇ Antitrust
ˇ Litigation
Professional & Community Involvement
ˇ Member, New York State Public Health Council, 1995-2010
- Vice chairman
- Member, Establishment Committee
- Chair, Special Committee on Medical Information Confidentiality
ˇ Member, Governor's Ad Hoc Task Force, New York's Prospective Hospital Reimbursement Methodology (NYPHRM)
ˇ Chair, New York State Bar Association, Health Law Section
ˇ Member, Institutional Review Board, New York Academy of Medicine
ˇ Member, Advisory Board, BNA's Health Care Fraud Report
ˇ Member, American Health Lawyers' Association
ˇ Member, Association of the Bar of the City of New York
ˇ Member, Health Care Financial Management Association
ˇ Trustee, Catholic Health Care System of the Archdiocese of New York
ˇ Member, American Bar Association
Awards & Recognition
ˇ Listed, Chambers & Partners USA Guide, an annual listing of the leading business lawyers and law firms in the world, 2005-2011
ˇ Listed, The Best Lawyers in America, 2011 and 2012
ˇ Selected, Super Lawyers magazine, 2006-2011
ˇ Recipient, New York State Commission of Health's Award for Public Health Council Leadership
ˇ Rated, AV® Preeminent™ 5.0 out of 5
Other Experience
ˇ General counsel and chief legal officer at two university hospitals
ˇ Assistant Attorney General of the State of New York
Articles, Publications, & Lectures
Articles
ˇ Author, "Weighing Constitutionality Of Health Care Reform Law," New York Law Journal, March 26, 2012
ˇ Author, "Internet Discounts On Health Care Services: Strictly Illegal," New York Law Journal, January 24, 2012
ˇ Author, "Inspector General's 2012 Workplan For Hospital Audits and Investigations," New York Law Journal, November 22, 2011
ˇ Author, "Law Permits Limited 'Waivers' From Corporate Practice Prohibition," New York Law Journal, July 26, 2011
ˇ Author, "When to Get Counsel Involved in Audits, Investigations and Self-Disclosures," New York Law Journal, March 22, 2011
ˇ Author, "Feds Taking Aim At In-House Lawyers, Executives," New York Law Journal, February 2, 2011
ˇ Author, "Court Upholds Medicare Exclusion Of Drug Company Lawyer And Executives," Health Lawyers Weekly, January 14, 2011
ˇ Author, "Medicaid Recovery Audit Contractors Coming Soon," New York Law Journal, November 29, 2010
ˇ Author, "Decision Strikes Medicaid Extrapolation, Upholds Strict Recordkeeping," New York Law Journal, September 28, 2010
ˇ Author, "Not Paying Your Taxes? Your Board Could Be Personally Liable," The Nonprofit Quarterly, Summer 2010
ˇ Author, "Healthcare Reform Law's Anti-Fraud Program Integrity Provisions," American Health Lawyers Association, Healthcare Reform Law Resource Guide, July 2010
ˇ Author, "State's New Council on Public Health and Planning," New York Law Journal, July 27, 2010
ˇ Author, "Health Care Reform Law's Anti-Fraud Provisions," New York Law Journal, May 25, 2010
ˇ Author, "Antitrust Enforcement of Hospital Consolidations," Law360, March 2010
ˇ Author, "Personal Liability of Hospital Board Members, Executives for Unpaid Taxes," New York Law Journal, March 23, 2010
ˇ Author, "Prohibited Business Practices by Clinical Laboratories," New York Law Journal, January 26, 2010
ˇ Author, "The Genetic Information Non-Discrimination Act of 2009," New York Law Journal, November 24, 2009
ˇ Author, "Insurers, Hospitals Face Audits for Health Care Reform Act Surcharges," New York Law Journal, September 30, 2009
ˇ Author, "Health Plans: Getting Ready to Comply with 'Michelle's Law'," New York Law Journal, July 29, 2009
ˇ Author, "Handling Audits and Investigations of Health Care Providers, Part 2," New York Law Journal, May 29, 2009
ˇ Author, "DME Industry Faces Increased Oversight, Enforcement," BNA's Health Care Fraud Report, April 22, 2009
ˇ Author, "Handling Audits and Investigations Of Health Care Providers," New York Law Journal, March 31, 2009
ˇ Author, "Practical Advice When a Facility Considers Bankruptcy Protection," New York Law Journal, January 27, 2009
ˇ Author, "Offering Free Patient Transportation Poses Risks," New York Law Journal, December 10, 2008
ˇ Author, "Feds Nix Patient Referral Arrangement," New York Law Journal, September 29, 2008
ˇ Author, "Halting Payments for 'Never Events'," New York Law Journal, July 31, 2008
ˇ Author, "Medical Privacy: Rights and Remedies, Part 2," New York Law Journal, March 31, 2008
ˇ Author, "Medical Privacy: Rights and Remedies, Part 1," New York Law Journal, January 30, 2008
ˇ Author, "New York Declares War on Medicaid Fraud," New York Law Journal, November 30, 2007
ˇ Author, "Issue: Hospital Investment in Ambulatory Surgery Center," New York Law Journal, September 27, 2007
ˇ Author, "Voluntary Disclosure of Medicare Fraud by Providers," New York Law Journal, May 31, 2007
ˇ Author, "Legal Guidelines for Operators of "Walk-In' Clinics," New York Law Journal, March 30, 2007
ˇ Author, "Revoking a Hospital's Property Tax Exemption," New York Law Journal, January 31, 2007