Kurt Bratten

About Kurt Bratten

Kurt Bratten is Partner in our Health Law Department. His practice includes a wide range of civil litigation, transactional work and compliance and other advisory services. Kurt’s primary focus is counseling health care providers regarding compliance and transactional matters including managed care contracting, HIPAA and other confidentiality rules, anti-kickback and self-referral requirements, and other provider group-specific state and federal regulations.

OIG Finds Various State’s False Claims Acts, Including New York’s, To Be Noncompliant

The term “qui tam” comes from the latin phrase qui tam pro domino rege quam pro se ipso in hac parte sequitur, which means “[he] who sues in this matter for the king as [well as] for himself.”  In our legal system, qui tam actions are brought by private individuals, or whistleblowers, with knowledge of […]

CMS Will Change Physician Signature Requirement for Laboratory Requisitions

As we previously reported, on February 11, 2011, the Center for Medicare & Medicaid Services (CMS) informed various trade associations that it was pulling back a new rule requiring physician signatures on all laboratory requisitions. Although an official announcement to this effect was expected due to concerns expressed by lab associations and others, it appears […]

Wage Theft Prevention Act Takes Effect April 9, 2011

In December 2010, Governor David A. Patterson signed the Wage Theft Prevention Act into law.  The Act is significant because it imposes new notice and recordkeeping requirements on all employers and increases penalties for violations of wage and hour requirements. The new obligations created by the WTPA are summarized below. New York law currently provides […]

O&A Attorneys to Speak at the 2011 AAB Annual Meeting

Jeffrey J. Sherrin, Kurt E. Bratten and Charles C. Dunham, IV, will be speaking at the American Association of Bioanalysts‘ 2011 Annual Meeting and Educational Conference. The AAB’s Annual Meeting and Educational Conference is being held in Austin, Texas and runs from May 12 – 14, 2011. On May 12th, Kurt E. Bratten will be […]

Medline Settles False Claims Act Allegations for $85 Million In Spite of Government’s Failure to Intervene

Medline Industries, Inc. and its affiliated charitable foundation, The Medline Foundation, have just settled a whistleblower action brought by Sean Mason, a former employee, for $85 million. Mason alleged that Medline violated the False Claims Act by giving kickbacks to hospitals and other healthcare providers that purchase medical products under Medicare and Medicaid. Medline Industries […]

American Medical Association Introduces New Policy on the Use of Social Media

The American Medical Association (AMA) recently approved a policy for physician’s use of social media.  This policy is available here.  The AMA noted that while “social networking and other similar Internet opportunities . . . enable individual physicians to have a professional presence online” they also “create new challenges to the patient-physician relationship.” In an […]

CMS Withdraws Physician Signature Requirement for Laboratory Requisitions

On February 11, 2011, the Center for Medicare & Medicaid Services (CMS) informed various trade associations that it was pulling back a new rule requiring physician signatures on all laboratory requisitions. Although an official announcement has not been made, CMS told several associations, including the American Association of Bioanalysts and the National Independent Laboratory Association, […]