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Peter Birzon & Associates, P.C. Peter Birzon & Associates was founded in 2000, and since its inception has maintained a reputation for intellectual rigor, relentless investigation and a comprehensive understanding of its clients issues. We regularly serve as lead counsel in significant if not high-profile disputes. Our firm represents some of the largest and most sophisticated medical practice organizations in the state and we serve these clients in almost every significant aspect of their operations. We have won and saved our clients millions of dollars in trials, arbitrations, settlements and negotiated resolutions. Our clients know and rely on our talent, commitment, creativity and consistency in delivering the consulting, guidance, advocacy and representation that is required in each unique instance. When we represent a client in the matter we listen carefully, educate them about the scope of their issue, and recommend the best course of action for this circumstance. An important part of our practice is to help our clients more effectively run their businesses and practices and provide a decision-making, evaluation and deployment process for achieving their goals. Here, there is no substitute for experience, personal knowledge and sound business practice judgment. We understand what our clients want because we don’t stop asking questions and we start exploring ideas until we are satisfied that we have a holistic understanding of our clients needs. We see ourselves as problem solvers that are hired to find business solutions, offer intelligent and endurable legal solutions, and are often called to structure best practice paradigms for clients who have come to realize that we understand their industry almost as well as they do.
We believe that we have substantially reduced costs for our clients by proactively participating in the design, architecture and business plans of their practices and remaining well informed about significant updates and changes in our client circumstances. These ongoing communications continue long after a particular litigation and transactional matters cease, as we believe there is an invaluable contribution to the clients business and to the professional relationship by perpetuating open lines of productive, informed and well considered communication with our clients. We are often called upon to assist or provide judgment calls concerning the efficacy of litigation as opposed to alternative dispute resolution, mediation or negotiated resolutions. We provide judgment calls on new business prospects and potential wind down or divestiture of existing business operations. We regularly serve our clients in the following practice areas:
Recent Matters of Interest
- PBA’s attorneys recently represented a large interventional and cognitive cardiology group that became captive to a large metropolitan hospital system, where the total remuneration to be paid under the agreements was in the amount of One Hundred and Sixty Million Dollars ($160,000,000).
- PBA’s attorneys recently defended a Class Action Fair Labor Standards Act case brought against a regional wholesale – retail food service corporation, resulting in the dismissal of over 85% of the Proposed Class' claims; and the reduction of the employer’s liability to less than 10% of the amount demanded.
- PBA’s attorneys recently established a multi-state franchise model and organizational paradigm for the operation of an IDTF mobile radiology technical services corporation that presently delivers services in four states.
- PBA’s attorneys recently successfully represented a physician in a license revocation proceeding before the New York State Office of Professional Medical Conduct in a matter involving a the personal relationship between the physician and a patient and prescriptions for controlled substances.
- PBA’s attorneys successfully forced reconsideration of a Medicare RAC audit, prepared and submitted the appeal, and ultimately caused the dismissal of a recent multi-specialty group National Government Services RAC audit that sought over Seven Hundred Thousand Dollars ($700,000) in refunds from the physician owner.
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Public-Private Partnership to Prevent Health Care Fraud Announced by Health and Human Services
In July, the Department of Health and Human Services (“HHS”) announced a new partnership between the federal government, state officials, some large private health insurers, and several other groups committed to fight health care fraud each of whom voluntarily agreed to join the partnership.
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ACO’s – Accountable Care Organizations
Accountable Care Organizations (“ACOs”) were added as part of Section 3022 of the Patient Protection and Affordable Care Act (“ACA”). An ACO refers to a group of physicians and other healthcare providers and suppliers of medical services that work together and are accountable to and report to the Center for Medicare Services (“CMS”) the quality and cost and overall care of Medicare Fee for Service beneficiaries assigned to the ACO.
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OIG Issues Advisory Opinion on Ambulatory Surgical Center Relationships with Anesthesia Providers
On June 1, 2012, the Department of Health and Human Services Office of Inspector General (“OIG”) posted an Advisory Opinion wherein it analyzed a request from an anesthesia services provider (“Anesthesia Provider”) concerning the legality of several proposed arrangements with the physician owners of an ambulatory surgical center (“ASC”) under the federal anti-kickback statute.
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Timetable for Compliance Under Federal Physician Sunshine Act Extended
As part of the Patient Protection and Affordable Care Act (“PPACA”) signed into law in March 2010, Congress included the Physician Payment Sunshine Act (the “Act”). The purpose of the Act is to shed light on the financial arrangements between physicians, drug makers and medical device companies.
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