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.

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 […]

Fourth Circuit Decision Addresses Constitutionality of Per-Claim Penalty under Federal False Claims Act

The decision delivered just before Christmas by the United States Court of Appeals for the Fourth Circuit in US ex rel. Kurt Bunk, et al., v. Gosselin Worldwide Moving, N.V., et al. is of value and of interest to all healthcare providers subject to the reach of the Federal False Claims Act (hereafter “FCA”). Although not […]

Brooklyn DA Creates New Healthcare Fraud Division

On Monday, Kings County District Attorney Charles J. Hynes announced the creation of a new Healthcare Fraud division within his office.  The 30-person team, headed by ADA Lauren Mack, will collaborate with federal authorities, including the United States Department of Health and Human Services Office of the Inspector General and the United States Attorney for the Eastern […]

Major Victory for Saratoga County Maplewood Manor in Appeal of OMIG Audit

Last week, Maplewood Manor, a nursing home owned and operated by Saratoga County and represented by Jeffrey J. Sherrin of O’Connell & Aronowitz, earned a major victory in its appeal of an audit conducted by the New York State Office of the Medicaid Inspector General (“OMIG”).  In a Decision After Hearing dated January 16, 2013, […]

HIPAA Final Rule Posted

This afternoon, the Department of Health and Human Services posted a long-awaited, 563-page omnibus final rule under HIPAA, which will be published in the Federal Register on January 25, 2013, and which makes a variety of modifications to HIPAA’s Privacy, Security, Breach Notification, and Enforcement Rules.  According to the executive summary of the rule, these modifications are […]

When HIPAA Investigations Broaden To Scrutinize Unrelated Business Practices: The Settlement between the State of Minnesota and Accretive Health

Prosecutions involving breaches of protected health information under the Health Insurance Portability and Accountability Act (“HIPAA”) are becoming more frequent; we have noted recent civil settlements involving providers in Massachusetts and Alaska, as well as a criminal prosecution in California.  The latest prosecution, and resulting settlement, illustrates a new twist: the focus of a data […]

NYSDOH Agrees to Pay Beechwood Nursing Home $25 Million in Settlement

On Wednesday, August 22, 2012, the New York State Department of Health (“DOH”) agreed to pay the owners of the Beechwood Nursing Home, located in Rochester, New York, $25 million dollars to settle litigation in which a federal jury had already determined that DOH officials had illegally revoked the operating license of the facility in 1999 in a retaliation against […]

OSC Identifies $57 Million in Medicaid Overpayments and Missed Savings

On July 24, 2012, the office of the New York State Comptroller (“OSC”)  released the results of three separate audits which identified  a total of $33 million in Medicaid overpayments made by the New York State Department of Health (“DOH”) and an additional $24 million in missed drug rebate savings. One audit found that,  between […]