Health Care

From our COVID-19 Response Team: Pennsylvania Business Guidance For Probable or Confirmed Case of COVID-19

2020/08/05

As COVID-19 continues to spread globally and throughout Pennsylvania, most employers will be faced with the question of how to respond when an employee tests positive, or has exposure to the coronavirus, and will need to determine when those employees can safely return to work.  In part, it depends on whether the employee has simply tested positive, or if the employee tests positive and has symptoms. Where an employee has tested positive for COVID-19, but has no symptoms, the employee can return to work 10 days after the first positive test. Where an employee has tested positive for COVID-19 and has symptoms, the employee may safely return to work at least 10 days after the onset of symptoms, at least 24 hours have passed since resolution of fever without the use of fever-reducing medications, and all other symptoms have improved.  All three criteria must be met before the employee can safely return to work.    For employees with severe illness, 20 days of isolation after symptom onset may be warranted. Once a company has ensured that an employee with a confirmed or suspected COVID-19 case will not be reporting to the business’ physical worksite, Pennsylvania employers must take the following steps: I. Secure and Decontaminate Affected Areas Close off areas visited by the person who is a probable or confirmed case of COVID-19. Wait at least 24 hours, or as long as practical, before cleaning and disinfecting the affected area. If more than seven days have passed since affected person visited the business or facility, enhanced cleaning and disinfection is not necessary. Open outside doors and windows and use ventilation fans to increase air circulation. Clean and disinfect all shared areas such as offices, bathrooms, break rooms, shared electronic equipment (printers, touch screens, keyboards, remote controls) used by the affected person. For more information, see https://www.governor.pa.gov/covid-19/business-faq/ Read More

Marc S. Raspanti to present at HCCA’s 6th Annual Healthcare Enforcement Compliance Conference

2020/11/18

Pietragallo partner Marc S. Raspanti will be speaking at the Health Care Compliance Association’s virtual 2020 Healthcare Enforcement Compliance Conference on Wednesday, November 18. During the three-day conference, attendees will hear first‑hand from government officials about regulatory changes, expectations, and key priorities in the Healthcare Enforcement sector. Attendees can further gain the knowledge and skills needed to properly address potential violations and improve their organization’s compliance program. During the program, Mr. Raspanti’s segment is titled, “Negotiating and Mediating False Claims Act Cases.” For more information about the program, including to register, please visit the HCCA program website. For more information about Marc S. Raspanti or the firm’s nationally-recognized False Claims Act practice, we invite you to visit our False Claims Act Resource Center. Read More

Nineteen Pietragallo Attorneys Recognized by The Best Lawyers in America® 2021

August 20, 2020

Pietragallo Gordon Alfano Bosick & Raspanti LLP, a business and litigation law firm with five offices across Pennsylvania, Ohio, and West Virginia, is proud to announce that nineteen of our distinguished attorneys have been recognized in The Best Lawyers in America® 2021 edition. “The legacy of our law firm is the depth of our courtroom talent,” noted Managing Partner, William Pietragallo, II. He continued, “I could not be more proud.” Recognition by Best Lawyers® is based entirely on peer review within the legal industry. The Best Lawyers® methodology is designed to capture the consensus opinion of industry-leading lawyers regarding the professional capabilities of their colleagues. Best Lawyers® distinction is demonstrative of the respect that recognized lawyers have earned amongst their peers. The following individuals of The Pietragallo Law Firm have been recognized for their work in the following industries:   Gaetan J. Alfano (2012) Commercial Litigation Employment Law – Individuals Employment Law – Management Litigation – Labor and Employment Pamela Coyle Brecht (2021) Qui Tam Law Marc S. Raspanti (2006) Health Care Law  Doug Rosenblum (2021) Criminal Defense: White-Collar Phillip R. Earnest (2021) Construction Law Insurance Law  Mark Gordon (2011) Litigation – Insurance Workers’ Compensation Law – Employers  James W. Kraus (2021) Criminal Defense: White-Collar Litigation – Health Care Medical Malpractice Law – Defendants  James F. Marrion (2021) Product Liability Litigation – Defendants  Shelly Pagac (2021) Employment Law – Individuals Litigation – Labor and Employment  William Pietragallo II (2005) Bet-the-Company Litigation Commercial Litigation Mass Tort Litigation / Class Actions Personal Injury Litigation – Defendants  Francis E. Pipak, Jr. (2011) Workers’ Compensation Law – Employers  Eric G. Soller (2021) Commercial Litigation Litigation – Intellectual Property  Peter St. Tienne Wolff (2021) Litigation – Trusts and Estates  Clem C. Trischler, Jr. (2011) Commercial Litigation Product Liability Litigation – Defendants  Paul Kenneth Vey (2011) Medical Malpractice Law – Defendants Sharon, PA  Richard Parks (2021) Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law   “Ones to Watch”   Leslie A. Read More

Michael A. Morse to present at HCCA’s 6th Annual Healthcare Enforcement Compliance Conference

2020/11/15

Pietragallo partner Michael A. Morse will be speaking at the Health Care Compliance Association‘s 6th Annual Healthcare Enforcement Compliance Conference in November. During the four day conference, attendees will hear first‑hand from government officials about regulatory changes, expectations, and key priorities in the Healthcare Enforcement sector. Attendees can further gain the knowledge and skills needed to properly address potential violations and improve their organization’s compliance program. During the program, Mr. Morse will speak on a panel, “Anatomy of a False Claims Act Case.” For more information about the program, including to register, please visit the HCCA program website. For more information about Michael A. Morse or the firm’s nationally-recognized False Claims Act practice, we invite you to visit our False Claims Act Resource Center. Read More

Pamela Coyle Brecht to present at HCCA’s 6th Annual Healthcare Enforcement Compliance Conference

2020/11/16

The practice group leader of the firm’s False Claims Act practice group, Pamela Coyle Brecht, will be presenting at the Health Care Compliance Association‘s 6th Annual Healthcare Enforcement Compliance Conference on Monday, November 16. During the three-day conference, attendees will hear first‑hand from government officials about regulatory changes, expectations, and key priorities in the Healthcare Enforcement sector. Attendees can further gain the knowledge and skills needed to properly address potential violations and improve their organization’s compliance program. During the program, Ms. Brecht will be discussing, “Managed Care Enforcement and Compliance.” For more information about the program, including to register, please visit the HCCA program website. For more information about Pamela Coyle Brecht or the firm’s nationally-recognized False Claims Act practice, we invite you to visit our False Claims Act Resource Center. Read More

One of Pennsylvania’s Top 100 Attorneys can be found at Pietragallo

2020/06/02

Twenty-one Pietragallo Gordon Alfano Bosick & Raspanti, LLP attorneys were named to the 2020 Pennsylvania Super Lawyers and Rising Stars list, including founding partners William Pietragallo, II, Mark Gordon, Joseph J Bosick, Gaetan J Alfano, and Marc S Raspanti. These designations are awarded to lawyers who receive the highest feedback regarding their legal practice based on independent research, peer nominations and peer evaluations. In addition to all of the Firm’s founding Partners, the following lawyers were acknowledged by the rating service as 2020 Pennsylvania Super Lawyers: P. Brennan Hart, Christopher A. Iacono, James W. Kraus, Michael A. Morse, Shelly R. Pagac, Francis E. Pipak, Kevin E. Raphael, Douglas K. Rosenblum, John A. Schwab, Eric G. Soller, Clem C. Trischler, and Paul K. Vey. The following firm lawyers were recognized by the rating service as 2020 Pennsylvania Rising Stars: John R. Brumberg, Joseph L. Gordon, Leslie A. Mariotti, and Peter St. Tienne Wolff. In addition to the recognition above, Super Lawyers further distinguished Gaetan J. Alfano as “Top 100: 2020 Pennsylvania Super Lawyers” and “Top 100: 2020 Philadelphia Super Lawyers.” Managing Partner William Pietragallo, II was also further distinguished as “Top 50: 2020 Pittsburgh Super Lawyers List.” For more information about any of our attorneys, we invite you to visit Our Team page. If you would like to reach one of our attorneys, their direct contact information can be found within their biographies. For more information about Super Lawyers, we invite you to visit their website: www.superlawyers.com. Read More

Michael A. Morse to Participate in a Webinar regarding Fraud and Abuse Amidst COVID-19

2020/06/03

Pietragallo partner Michael A. Morse will be participating in an American Health Law Association webinar on Wednesday, June 10th to discuss Fraud and Abuse in the Age of Coronavirus: Current and Future Federal Criminal and Civil Enforcement Actions. In this informative program, speakers will cover the potential criminal and civil exposures, the ongoing government response to monitor and pursue fraud and abuse, and guidance for health care entities who are working in this quickly changing regulatory environment. The panel will also discuss DOJ’s focus on investigating and prosecuting efforts to take advantage of the pandemic by selling fraudulent services and treatments. This webinar was planned by Pietragallo Partner Kevin E. Raphael who serves as AHLA’s Vice Chair of Educational Programming for the Fraud and Abuse Practice Group. For more information about Mr. Michael Morse, we invite you to view his biography and contact him directly. For more information about the webinar, including to register, please visit the American Health Law Association’s website. Read More

Pietragallo Law Firm Secures $41M as Tampa-based Surgery Partners’ Affiliates and Former Executives Pay to Settle False Claims Suits

2020/04/15

The Department of Justice, the United States Attorney’s Office for the Middle District of Florida, and the United States Attorney’s Office for the Eastern District of Pennsylvania announced today the settlement of two qui tam cases filed in Tampa and Philadelphia.  One of the two whistleblower cases was filed in the Middle District of Florida by Dr. Sheldon Cho, a former pain management physician for Tampa Pain, and Dawn Baker, a national recruiter who had placed physicians with Tampa Pain, against Defendants Logan Laboratories, LLC (Logan Labs), Tampa Pain Relief Centers, Inc. (Tampa Pain), subsidiaries of Surgery Partners. Two individuals associated with these corporate defendants are also contributing to the settlement.[1] The two Florida Relators alleged in their Qui Tam Complaint that, from the founding of Logan Labs in late 2011, the Defendants knowingly submitted or caused the submission of false claims to Government healthcare programs, including Medicare, Medicaid, the Federal Employees’ Health Benefits Program (FEHBP), and Tricare, for unnecessary drug screening and confirmatory qualitative Urine Drug Testing (confirmation UDT). The whistleblowers alleged in their False Claims Act Complaint that Tampa Pain carried out a scheme to automatically subject all patients to both screening and confirmation UDT at every visit, without the individualized determination by the treating provider that any drug testing was medically warranted. The whistleblowers also alleged that the Defendants referred the medically unnecessary confirmation UDT to their wholly owned affiliate, Logan Labs, which then submitted the false claims to Government healthcare program. In recognition of their efforts in bringing this action, the Relators, together with two other whistleblowers who filed a separate action in Pennsylvania, shall receive 19% of the proceeds of the settlement, in addition to their attorneys’ fees claim. The United States did not file its own complaint but intervened in the Florida Relators’ and the Pennsylvania Relators’ complaints. Read More

Pamela Coyle Brecht to present The False Claims Act Update

2020/10/28

Pietragallo partner Pamela Coyle Brecht will present “The False Claims Act Update” at the Pennsylvania Bar Institute’s (PBI) A Day in Health Law program on October 28, 2020 in Philadelphia, Pennsylvania. A Day on Health Law is a one-day, six-hour spin-off of PBI’s annual Health Law Institute. The Health Law Institute is “The event of the year for every health law professional” and A Day on Health Law features the best programming from that event. For more information about the Chair of our False Claims Act group, Pamela Coyle Brecht, please visit her biography or contact her directly. For more information about the A Day on Health Law program, please visit the PBI’s website. Read More

Client Alert: The CARES Act and the Paycheck Protection Program

March 27, 2020

The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), which was signed into law today allocates $350 billion for a Paycheck Protection Program (“PPP”) meant to provide immediate relief to small businesses (less than 500 employees) and other eligible entities impacted by the COVID-19 pandemic. Process: The process for securing a PPP loan is fairly simple. The law allows Small Business Administration (“SBA”) approved lenders to provide eligible businesses loans of up to $10 million (based on a formula tied to payroll costs) for payroll and other expenses incurred between February 15, 2020 and June 30, 2020. To determine loan eligibility, a lender need only consider whether the borrower was in operation on February 15, 2020 and paid employee salaries and payroll taxes or paid independent contractors. There are separate provisions for new or previously closed businesses. The Act waives fees for both borrowers and lenders. Loan Terms: A borrower is eligible for a loan equal to 2.5 months of regular payroll expenses, capped at $10 million. A borrower does not have to provide a personal guarantee or collateral to get a PPP loan. The loans have a maximum interest rate of 4% and only start to mature following the date the employer applies for loan forgiveness (see below). The loan can have a maximum maturity of ten (10) years from such date. Allowable Uses: Employers can use the funds from loans for (1) Payroll costs; (2) Group health care benefits during periods of paid sick, medical, or family leave, and insurance premiums; (3) Employee Salaries, commissions, or similar compensations (up to $100,000) (4) Payments of interest on mortgage obligations; (5) Rent (including rent under lease agreement); (5) Utilities; and (6) Interest on any other debt obligations incurred before the covered period. Loan Forgiveness: A portion of the loan may be forgiven in an amount equal to payments made on eligible employee payroll costs, interest payments on a covered mortgage obligation, rent, and utility payments made during the first 8-weeks after the origination date of the loan.  Read More

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