David Nardolillo

About David Nardolillo

David is an associate in our Health Law department. His primary practice involves advising clients with regard to regulatory and other health law matters. He represents clients in all types of healthcare litigation, including criminal, civil and administrative fraud and abuse investigations; Medicare, Medicaid and private insurer audits, and commercial litigation.

Disclosure Of Student Mental Health Records: Teachable Moment From Oregon

This month’s column in the Albany County Bar Association Newsletter reviews the situation that unfolded earlier this year at the University of Oregon.  The university, which had been put on notice of a tort claim by a student in connection with an alleged sexual assault,  controversially obtained the treatment records of the same student from an on-campus […]


With the NFL season opener just a few hours away, the arrival our most recent Health Law column in the Albany County Bar Association Newsletter is timely as it explores the reporting of New York Giants star Jason Pierre-Paul’s amputated finger and analyzes whether media organizations can be liable for violations of a person’s health […]

New OIG Fraud Alert Focuses on Compensation of Medical Directors

The United States Department of Health and Human Services Office of Inspector General (“OIG”) issued a short Fraud Alert last week focusing on the anti-kickback implications of certain compensation paid to medical directors. OIG noted that it had recently settled with a dozen physicians who had entered into medical director positions of various health care […]

Medicare Reimbursement Standards Take Center Stage in Dismissal of False Claims Act Case

Our monthly Health Law Update from the Albany County Bar Association Newsletter has been released a few days early.  This month’s article discusses a Georgia federal court decision granting summary judgment to a nursing home and a rehabilitation therapy provider in a Federal False Claims Act prosecution that alleged the unnecessary provision of rehabilitation therapy services. Although the […]

Regulatory Focus on Mental Health Parity Laws

This month’s article from the Albany County Bar Association Newsletter discusses the New York Attorney General’s recent settlement with Excellus, a Rochester-based health insurer, which resulted from an investigation into complaints from consumers that Excellus was improperly denying claims for mental health and substance abuse treatment.  The article also includes a brief overview of New […]

Seventh Circuit Decision Highlights Scope of Anti-Kickback Statute

This month’s article from the Albany County Bar Association Newsletter offers brief summary of the recent decision in U.S. v. Patel, in which a physician was found to have violated the federal Anti-Kickback statute for an improper referral scheme with a home health agency, even though he did not actively divert patients to other providers. The […]

SCOTUS Grants Cert in King v. Burwell

In what could be very important news this afternoon regarding the Patient Protection and Affordable Care Act (“PPACA,” or more commonly called “Obamacare”), the Supreme Court of the United States announced that it was granting certiorari in the case of King v. Burwell, decided on July 22, 2014, by the United States Court of Appeals […]

CMS Issues 2015 Managed Care Rate Setting Consultation Guide

On Wednesday, October 2, the Centers for Medicare and Medicaid Services (“CMS”) issued its  2015 consultation guide for states to use when setting reimbursement rates with respect to any Medicaid managed care program subject to actuarial soundness requirements in 42 CFR 438.6 during rating periods starting January 1, 2015.  The guide “describes information that CMS expects states to provide […]

HIPAA Violation Settlement for Failure to Establish Breach Notification Policies and Procedures

A Massachusetts dermatology practice, APDerm, has agree to make a $150,000 payment and enter into a corrective action plan with the U.S. Department of Health and Human Services’ Office for Civil Rights in order to settle potential violations of HIPAA Privacy, Security, and Breach Notification Rules.  According to HHS, this is the first settlement entered […]