- “FTC’s Labor-market Rule Ends Most Noncompetes for Physicians, If It Clears” Part B News, May 2, 2024
- “The Non-compete Ban and Your Practice” Physicians Practice, April 26, 2024
- “IRS Crackdown Shows Your Covid Program Responsibilities Aren’t Over” Part B News, October 5, 2023
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“The recent uptick in False Claims Act investigations explained,” Medical Economics, Feburary 24, 2023.
- “Fighting Back: Facing extinction amid monopolization, independent pharmacies see a lifeline,” NJBIZ, January 17, 2022.
- “Restrictive Covenants: The Good, The Bad, The Ugly” Medical Society of New Jersey’s Policy and Strategy Panel, July 2020
- “Is Your Medical Marijuana Practice Exposing You to Risk?” Health Law Alert, February 2019
- “Mandelbaum Barrett PC’s HIPAA and Privacy Initiative Program” January 2019
- “Would You Like Fraud With That? Examining Pharmacy Enforcement,” Presented for the American Bar Association’s 16th Annual Washington Health Law Summit, December 11, 2018
- “New Jersey’s Out of Network Law,” Health Law Alert, April 2018
- New Opportunities for Surgical Practices, Health Law Alert, February 2018
- “New Law Requiring Licensing of a Surgical Practice as an Ambulatory Care Facility,” Health Law Alert, January 2018
- “Suspect In-Office Laboratory Arrangements,” Health Law Alert, August 2017
- Mohamed H. Nabulsi, Esq. on the revised AHCA bill, Fox Sports Radio New Jersey, May 10, 2017
- “N.J. Supreme Court Decision Adversely Impacts Multidisciplinary Practices and “Friendly P.C.” Arrangements,” Health Law Alert, May 2017
- “Pharma Speaking Arrangements May Be Common, But They Are Not Inconsequential: United States of America v. Novartis Pharmaceuticals Corp.,” Health Law Alert, August 2016
- “The Conflicted, Private Prosecutors Comprising The Office Of Insurance Fraud Prosecutor,” February 19, 2016
- “Experts Weigh in on Hospital – Urgent Care Center Joint Ventures,” Ambulatory Advisor, May 2014
- “New Legislation to Regulate Out-of-Network Benefits,” 2011 “New York Code of Criminal Justice: A Practical Guide,” Co-author
Mohamed H. Nabulsi, Esq. Chairs the firm’s Healthcare Practice Group and is a Partner of the Life Sciences Group. A leading practitioner in the corporate, healthcare and regulatory fields, Mr. Nabulsi represents health industry clients on various transactional matters, including mergers and acquisitions, divestitures, as well as regulatory matters (including the structuring of transactions to comply with applicable exceptions/safe harbor of state and Federal Fraud and Abuse Laws), negotiations with third party payors, licensure matters (e.g., Board of Medical Examiners, Board of Pharmacy and other professional board actions), third-party payor (including Medicare/Medicaid) and pharmacy benefits manager investigations, litigation, audits, disputes recoupments, and appeals, reimbursement matters, compliance training, business negotiations, employment matters, partnership disputes and litigation, vendor disputes and litigation, employer-employee disputes and litigation and other commercial litigation, healthcare fraud litigation (e.g., Insurance Fraud Prevention Act/Racketeer Influenced Corrupt Organization actions), commercial real estate matters, governmental investigations, including Medicare and Medicare fraud, DOJ and OIG investigations and self-disclosure matters, securities matters, such as private offerings, joint ventures, and general contracting issues.
His clients include physicians, pharmacists, chiropractors physical therapists, veterinarians, dentists and other individual providers, healthcare organizations (e.g., medical practices, including large integrated group practices, pharmacies, physical therapy practices, Preferred Provider Organizations, Organized Delivery Systems, Accountable Care Organizations, hospitals, ambulatory care facilities, urgent care centers, radiology centers, ambulatory surgical centers, surgical practices, laboratories, DME providers, sleep centers and diagnostic testing centers), management companies, development companies, landlord entities, billing companies, information technology firms, referral services, and non-profit organizations. He also counsels his clients on a wide variety of federal and state regulatory matters, including navigating the changes brought about by health care reform efforts, fraud and abuse compliance, HIPAA and state health information privacy laws, Stark Law compliance, EKRA compliance, ACO formation and compliance, bundled/value-based reimbursement healthcare models, managed care contracting, employment contracts, among other various matters.
Mr. Nabulsi takes a creative approach to representing clients in and advising clients on various business transactions. Mr. Nabulsi also provides his clients with strategic advice on governmental and non-governmental investigations and actions, including federal and state prosecutions of healthcare fraud, commercial bribery, runner allegations and other white-collar crimes.
NJBiz, Leaders in the Law, 2023
New Jersey Law Journal, Diverse Attorney of the Year, 2020
New Jersey Super Lawyers, Rising Stars
*No aspect of this award has been approved by the New Jersey State Bar Association. A copy of the award’s methodology can be found by visiting the respective award websites.
Healthcare Alert: Eli Lilly Dismisses Lawsuit Against Mandelbaum Barrett PC’s Pharmacy Client in Florida
April 30, 2024
In the summer and fall of 2023, certain pharmaceutical companies, such as Novo Nordisk (Ozempic, Wegovy, and Rybelsus) and Eli Lilly (Mounjaro), filed lawsuits across the country against medical spas and wellness centers, compounding facilities, and pharmacies that dispense drugs containing the active pharmaceutical ingredient semaglutide (Novo Nordisk) or tirzepatide (Eli Lilly). These drugs have […]Mandelbaum Barrett PC Secures Reversal of District Court Ruling in GEICO Case
April 22, 2024
On Monday, April 15, 2024, the United States Court of Appeals for the Third Circuit issued a groundbreaking precedential decision in favor of several of our medical provider clients. The appeal was managed by our healthcare litigation team, comprised of Andrew Gimigliano, Brian Block, and Mohamed Nabulsi. Specifically, the Third Circuit found that New Jersey […]Mandelbaum Barrett PC Secures Non-Profit Status for an Independent Medical Practice PC
March 13, 2024
Mandelbaum Barrett PC’s healthcare and non-profit tax law teams have secured IRS recognition of non-profit status on behalf of an independent medical professional corporation, as an independent charity and not derivatively by associating with another charity under the “integral part” test. Because a professional corporation is, by operation of the state’s professional corporation act, a for-profit entity, […]Healthcare Alert: Victory Before the New Jersey Board of Medical Examiners
January 16, 2024
Background/Procedural History: In May 2019, after a federal jury trial in Boston, the founder and four former executives of Insys Therapeutics Inc. were convicted in connection with bribing medical practitioners, through the provision of speaker event fees, to prescribe Subsys, a sublingual fentanyl spray intended for patients experiencing breakthrough pain, and for defrauding Medicare and […]Mandelbaum Barrett PC’s Healthcare Litigation Team Successfully Defends Action Against Practice to Void Restrictive Covenants and Excise Whole Department
January 15, 2024
In a lawsuit by former members of a multi-specialty practice, the former members sought an order from the court that would have voided the restrictive covenants in the practice’s operating agreement and allowed them to essentially spin off a whole department from the practice to operate it as their own. Aside from making common assertions […]Mandelbaum Barrett PC’s Healthcare Team Secures Complete Exoneration of Physician
September 22, 2023
In March 2020, New Jersey became the epicenter of the global COVID-19 pandemic. As the pandemic spread, our client, a board-certified vascular and general neurologist, worked 24-hour, seven-day, on-call shifts for a local hospital as well as several other area hospitals to assist in combating the spread of the disease. At the same time, as […]Mandelbaum Barrett PC Secures Favorable Settlement of False Claims Act Action Against Florida Pharmacy
September 14, 2023
In an action filed by certain patients of the pharmacy as Relators under the federal False Claims Act (the “FCA”), the Relators contended, on behalf of the United States, that the pharmacy violated the FCA by submitting claims to United States Department of Labor (“DOL”) for a non-controlled compound supplement, that were either not ordered […]Bankruptcy and Creditors Rights Group Achieves Multiple Successes for Clients Using Various Exit Strategies, Led by Partner Vincent J. Roldan
July 12, 2023
Busy start to the summer for our Bankruptcy and Creditors Rights group, especially Partner Vincent J. Roldan. This week, he argued a contested confirmation hearing in the RTW Construction case (Bankr. D.N.J. 21-18595). The court overruled objections and stated it will confirm the Debtor’s Chapter 11 plan of reorganization. In the past couple of weeks, […]Mandelbaum Barrett PC Successfully Dismisses Claims in Case Involving Geico Alleging RICO and Other Violations
July 5, 2022
In a decisive early victory in court, Dr. Elkholy and the Precision Pain & Spine Institute secured the dismissal of all but one of Geico’s claims against them, including Geico’s RICO and common law fraud claims, and forced Geico to institute these claims in arbitration. Dr. Elkholy and the Precision Team are confident that they […]Healthcare Alert: Noncompetes, Once a Fixture in Healthcare Contracts, Are No More
April 24, 2024
Yesterday, the Federal Trade Commission (the “FTC”) issued a final rule (the “Rule”) that prohibits existing and future noncompetition provisions for all workers, except that pre-Effective Date (defined below) noncompetition provisions for workers who are “Senior Executives” are grandfathered. A worker constitutes a Senior Executives if he or she earns at least $151,164 per annum (including […]Healthcare Alert: Let Us Protect Your Home (Nursing Home, That Is)
February 21, 2024
Nursing Homes Under Fire – How Nursing Homes Can Protect Themselves in an Environment Where State and Federal Agencies Have Them Under a Microscope As the former Bureau Chief of the New Jersey Office of the Attorney General – Medicaid Fraud Control Unit (“MFCU”), Peter Sepulveda, Esq. received and analyzed all referrals from the New […]Pharmaceutical Companies Are Aggressively Targeting Pharmacies Over The Dispensing Of Certain Compounded Drugs Related To The Weight-Loss Industry
September 22, 2023
Recently, pharmaceutical companies like Novo Nordisk (Ozempic, Wegovy, and Rybelsus) and Eli Lilly (Mounjaro) filed lawsuits in federal courts across the country against medical spas and wellness centers, compounding facilities, and pharmacies, including one of our pharmacy clients, who dispense drugs containing the active pharmaceutical ingredient semaglutide (Novo Nordisk) or tirzepatide (Eli Lilly). These lawsuits […]BULLETIN from Mandelbaum Barrett PC’s Healthcare Practice Group Regarding the IRS’s Order To Cease Processing ERC Claims
September 21, 2023
On Thursday, September 14, 2023, IRS Commissioner Danny Werfel ordered the IRS to immediately cease processing new claims for employee retention credits (“ERC”). The pause in processing will likely run until the end of 2023 and cause a substantial delay in processing claims. The ERC is a tax credit for businesses and tax-exempt organizations that […]Healthcare News Alerts
June 6, 2023
COVID-19 OTC TEST KITS The Healthcare Department at Mandelbaum Barrett PC successfully represented a physician practice group that participated in the Biden Harris Over the Counter Test Kit Demonstration (the “Program”) in terminating the suspension of their payments by the Centers for Medicare & Medicaid Services (“CMS”) on the basis of credible allegations of fraud. […]Healthcare Alert: CMS Aggressively Targets OTC COVID-19 Test Kit Providers
March 3, 2023
In April of 2022, the Biden-Harris Administration announced that Americans with Medicare Part B, including those enrolled in a Medicare Advantage plan (“Medicare Beneficiaries”), were eligible for up to eight Food and Drug Administration approved, authorized, or cleared over-the-counter COVID-19 test kits per month at no cost under this new program (the “Program”), distributable to […]Healthcare Client Alert: Uptick in False Claims Act Investigations
February 8, 2023
In the last several months, we have witnessed an uptick in government investigations of laboratories and other providers (audits and Civil Investigative Demands alleging violation of the False Claims Act (“FCA”)) related to the billing of the HRSA Uninsured Program for COVID-19 testing, treatment and vaccine administration (the “Program”). In light of this trend, providers may […]Client Alert: Aggressive Prosecution of COVID-19 Drive-Through Testing Arrangements
April 22, 2022
Recently, the U.S. Department of Justice, in a series of aggressive and seemingly novel prosecutions, charged numerous healthcare providers and others who operated COVID-19 testing sites due to their billing Federal Healthcare Programs for evaluation and management (“E&M”) services (as add-ons to COVID-19 tests) for encounters with patients who reported to drive-through sites for COVID-19 […]N.J. Establishes Emergency Health Care Provider Registry
April 30, 2020
On April 29, 2020, the Commissioner of the N.J. Department of Health ("DOH") issued an Executive Directive ("Directive") establishing a registry of health care workers, public health workers, and support services personnel who voluntarily consent to provide health care, public health services, and support logistics during the ongoing COVID-19 public health emergency.A Cautionary Tale: New York Businessman Criminally Charged for Hoarding and Price-Gouging PPE During the COVID-19 Crisis
April 28, 2020
On April 24, 2020, a criminal complaint ("Complaint") was filed in federal court against Amardeep Singh ("Defendant"), a New York-based businessman, for allegedly accumulating personal protective equipment ("PPE") and other materials "in quantities that far exceed the reasonable demands of [his] retail business" and for reselling said PPE "at prices in excess of prevailing market prices."Ambulatory Care Facility Alert: NJ DOH Waives and Relaxes Rule Governing Staff-to-Patient Ratio Requirements for Outpatient Renal Dialysis Providers
April 24, 2020
Ordinarily, pursuant to N.J.A.C. 8:43A-24.7, ambulatory care facilities ("ACFs") that provide outpatient renal dialysis services are required to have at least one registered nurse ("RN") on duty for the first nine patients receiving dialysis services on the premises, and an additional RN on duty for each additional nine patients, or any portion thereof. In addition, facilities must have at least one RN, LPN, or trained patient care technician on duty for every three patients receiving dialysis services.Healthcare Alert: N.J. Imposes New Rules Governing the Disposition of Human Remains During the Ongoing COVID-19 Public Health Emergency
April 24, 2020
On April 22, 2020, the Commissioner of the New Jersey Department of Health issued an executive directive (the "Directive") establishing certain rules and requirements governing the disposition of human remains.New Jersey Grants Statutory Immunity to Healthcare Professionals and Facilities Combatting COVID-19
April 16, 2020
On April 14th, 2020, New Jersey Governor Murphy signed into law legislation that grants healthcare professionals and healthcare facilities immunity from liability arising from claims for alleging injury or death arising from acts or omissions made in connection with, or related to, the State's efforts to combat COVID-19.Recently-Imposed Restrictions on the Prescribing and Dispensing of Potential COVID-19 Medications
April 7, 2020
The Acting Director of the New Jersey Division of Consumer Affairs has ordered that, with respect to the treatment of COVID-19 patients, the prescribing and dispensing of drugs in short supply — including hydroxychloroquine and chloroquine, two drugs that are widely being used by practitioners worldwide to treat COVID-19Medicare Suspension Terminated Due to COVID-19 Waivers
April 3, 2020
As part of its arsenal to combat what the Centers for Medicare and Medicaid ("CMS") consider to be billing fraud, CMS, directly and through its contractors, is authorized to suspend a Medicare provider's payments during the pendency of CMS' audit/investigation of the providerCOVID-19: Accelerated and Advance Payment Program for Medicare Providers
April 3, 2020
Under the recently enacted Coronavirus Aid, Relief, and Economic Security ("CARES") Act, the Centers for Medicare & Medicaid Services ("CMS") is currently making interest-free advances ("Advances") to eligible Medicare providers that would be later recovered from prospective reimbursements payable to such providers.New Jersey Governor Authorizes Police to Seize Real and Personal Property, and to Take Personal Services, to Combat COVID-19
April 2, 2020
On April 2, 2020, as we predicted, the Governor issued Executive Order 113 ("Order") to empower the Superintendent of State Police, in his capacity as Director of Emergency Management, to "take or use personal services and/or real or personal property, including medical resources, for the purpose of protecting or promoting the public health, safety, and welfare."New Jersey Immunizes Healthcare Workers from Civil Liability and Temporarily Suspends Numerous Statutory and Regulatory Requirements Governing the Healthcare Professions
April 2, 2020
April 2, 2020 By Mohamed H. Nabulsi Late yesterday, Governor Murphy issued yet another sweeping and unprecedented Executive Order, No. 112, in an attempt to facilitate the State’s war against COVID-19 by removing regulatory barriers to health care professionals joining the State’s efforts and by providing protections for front line health care responders. 1. Advanced […]David Slays Goliath In The Battle Between Healthcare Providers And UnitedHealthcare
March 30, 2020
In a tremendous win on behalf of our client, Alexander Salerno, M.D., on March 24, 2020, we received a final Award in Dr. Salerno's David versus Goliath fight with UnitedHealthcare ("UHC"). "Not only did we win the battles, we won the war against the world's largest health insurance company" said Dr. Salerno. As explained below, that victory was not just for Dr. Salerno but for all of the healthcare providers we represent.Alert: Gov. Murphy's Latest Executive Order
March 30, 2020
Continuing the series of broad executive actions NJ Gov. Murphy has taken to combat the accelerating COVID-19 pandemic, late Saturday, the Governor issued Executive Order No. 111 ("Order") to address deficiencies in the State's information regarding the number and nature of the personal protective equipment ("PPE"), ventilators, respirators, and anesthesia machines (the "Needed Resources") available within New Jersey.Successful Challenge to Healthcare Fraud DOJ Prosecution
March 27, 2020
We are happy to report that we recently delivered excellent news to one of our physician-clients. In 2019, the United States Department of Justice charged this client with insurance fraud in connection with the submission of claims to Medicare/Medicaid for services rendered by the client's nurse practitioners, but billed under the client as the rendering provider.Proposed Legislation To Override Virus Exclusions In Business Interruption Policies
March 26, 2020
March 26, 2020 By Mohamed H. Nabulsi and Ryan M. Buehler Newly-proposed legislation, introduced on March 16, 2020, would override business interruption insurance policies that exclude from coverage losses or damages resulting from viruses (such as COVID-19) and, thus, require that the applicable carrier provide the insured with business interruption coverage for losses/damages resulting from […]ASC/Surgical Practice Update Re. COVID-19
March 24, 2020
Late yesterday, March 23, 2020, the Governor issued Executive Order No. 109 (the "Order") that takes sweeping and unprecedented action as part of the State's growing efforts to curb the accelerating COVID-19 pandemic.New Jersey Executive Order 107 Directive for Healthcare Providers
March 21, 2020
On March 21, 2020, New Jersey Governor Phil Murphy issued Executive Order 107 (the "Order"), which requires, among other things, that retail businesses, other than certain enumerated essential retail businesses, close their brick-and-mortar premises, beginning at 9:00 p.m. on March 21, 2020, until the Order is revoked by the Governor.Coronavirus/COVID-19: Telehealth and Other Communication-Based Technology Services During Emergency Periods
March 18, 2020
The recent outbreak of COVID-19 ("Coronavirus") has led the country to search for innovative solutions to contain the spread of Coronavirus, without sacrificing the U.S. population's access to medical care.Mohamed Nabulsi Issues Health Law Alert on New Jersey's Out of Network Law
April 18, 2018
Mohamed Nabulsi has issued a "Health Law Alert" for clients about New Jersey's Out of Network Law.January 2018 Health Law Alert: New Law Requiring Licensure of a Surgical Practice as an Ambulatory Care Facility
January 16, 2018
Read our latest Health Law Alert on the New Law Requiring Licensure of a Surgical Practice as an Ambulatory Care Facility.Healthcare Alert: DME Supplier CMS Payment Suspension Terminated
June 14, 2024
In a rare move, the Centers for Medicare & Medicaid Services (“CMS”) terminated the payment suspension (the “Suspension”) it previously imposed on a durable medical equipment (“DME”) supplier and agreed to release withheld funds to that provider as a result of Mandelbaum Barrett’s healthcare team’s appeal to CMS.Mohamed Nabulsi Contributes to Recent Part B News Article Discussing the FTC’s Noncompete Ban as it Applies to Physicians
May 8, 2024
Mohamed Nabulsi, Esq., Chair of the Healthcare Practice Group at Mandelbaum Barrett PC, shared insights in a recent article in Part B News regarding the FTC’s proposed labor-market rule, which could significantly curtail noncompete agreements for physicians if enacted. Nabulsi suggests that this rule might disrupt traditional labor markets, empowering many employees as “free agents” […]Mohamed H. Nabulsi Discusses the Noncompete Ban as it Relates to Healthcare in the Latest Issue of Physicians Practice
April 26, 2024
“Most Healthcare entities nationwide will soon be deprived of one of the most essential protections for their business, the non-competition provision.“ In the latest edition of Physicians Practice, Mohamed H. Nabulsi, Esq., Chair of the Healthcare Practice Group at Mandelbaum Barrett PC, provides an in-depth analysis of the recent FTC Noncompete Ban unveiled earlier this […]Mohamed Nabulsi contributes to Part B News article titled “IRS crackdown shows your COVID program responsibilities aren’t over”
October 13, 2023
In the October 5th issue of Part B News, Mandelbaum Barrett PC Healthcare Chair Mohamed H. Nabulsi, Esq. was interviewed regarding the IRS crackdown announced in September regarding COVID tax relief programs, in particular, Employee Retention Credits (ERC) claims. “We typically advise clients to conduct a self-audit and, if they find that there may have […]Mohamed Nabulsi, Esq. and Ahmed Gadalla, Esq. co-author article for Medical Economics titled “The Recent Uptick in False Claims Act Investigations Explained”
February 27, 2023
“Under the Health Resources & Services Administration (“HRSA”) Uninsured Program (the “Program”), healthcare providers who conducted COVID-19 testing or provided treatment for uninsured individuals with a COVID-19 primary diagnosis on or after February 4, 2020, or provided COVID-19 vaccine administration on or after December 14, 2020, were entitled to reimbursement through the Program based on […]Mohamed Nabulsi, Esq. authors article for NJBIZ titled " Fighting Back: Facing extinction amid monopolization, independent pharmacies see a lifeline"
January 18, 2022
Mandelbaum Barrett PC's Healthcare Co-Chair Mohamed H. Nabulsi, Esq. has authored an article in the January 17, 2022 issue of NJBIZ titled "Fighting Back: Facing extinction amid monopolization, independent pharmacies see a lifeline." Nabulsi writes, "Chain pharmacies, mass retailers and supermarkets have undercut the market by selling generic drugs at less than cost, often accepting significant losses on generic drugs, simply to draw more business to their stores. The race to the bottom has almost single-handedly wiped out independent pharmacies."Winter 2021 Veterinary Newsletter
February 15, 2021
Nabulsi and Adler Spoke at MSNJ's Policy and Strategy Panel on Restrictive Covenants
July 22, 2020
The Medical Society of New Jersey ("MSNJ") requested that Mandelbaum Barrett PC partners Mohamed Nabulsi and Steven AdlerSpring 2020 Veterinary Newsletter
May 29, 2020
Mandelbaum Barrett PC to Host Complimentary Webinars on COVID-19's Impact on Businesses and Healthcare Providers
March 19, 2020
Please join us for two complimentary webinars on employment and operational issues raised by the spread of COVID-19, led by Steven I. Adler, Mohamed H. Nabulsi and Dennis J. Alessi. For more information and to register, click here.Mohamed Nabulsi to Speak at the ABA's 16th Annual Washington Health Law Summit
November 21, 2018
Mohamed Nabulsi, Co-Chair of Mandelbaum Barrett PC's Healthcare Practice Group, will be speaking at the 16th Annual Washington Health Law Summit on "Would You Like Fraud With That? Examining Pharmacy Enforcement" presented by the American Bar Association in Washington, DC on December 11th. For more information about this program and to register, click here.Healthcare Practice Co-Chair Mohamed Nabulsi Named a New Jersey Law Journal "Diverse Attorney of the Year"
October 18, 2017
Congratulations to Mohamed Nabulsi, Member and Co-Chair of the Firm's Healthcare Law Practice Group, who was recognized by the New Jersey Law Journal as one of its "Diverse Attorneys of the Year." This award recognizes excellence among diverse attorneys in New Jersey.Health Law Alert – Suspect In-Office Laboratory Arrangements
August 3, 2017
Mohamed Nabulsi Co-Chair of the Firm's Health Law Department, has just published a Health Law Alert regarding suspect in-office laboratory arrangements.Healthcare Practice Co-Chair Nabulsi Talks with Bert Baron on WCTC AM about AHCA Bill
May 1, 2017
Mohamed Nabulsi, Co-Chair of the Firm's Healthcare Practice, was a guest on Bert Baron's radio show "Jersey Central" this morning on WCTC AM discussing the revised AHCA bill. To listen to the full interview, visit: https://lnkd.in/dn2_R6s