What Practitioners Need to Know About Criminal and Regulatory Enforcement

Do you know what to do in the event that you are subpeonaed for a practice-related matter or need to provide testimony? Do you have questions about how the law and your clinical work intersect? Led by Andrew Garbarino and team from Ruskin Moscou Faltischek, P.C., this workshop will answer these questions and will explore legal issues related to clinical practice, including responding to subpeonas, providing testimony, documentation, and practice management. The NY Justice Center and Office of Professional Discipline will be discussed as they relate to your practice. 

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Who Should Attend:

Social Workers, Mental Health Counselors, Creative Arts Therapists, Marriage and Family Therapists, and any professional that is working in the mental health field.    

Learning Objectives:

• Attendees will receive a review on the scope of professional practice, dangers of exceeding their license, how to ensure legal practice arrangements and employment agreements.
• Attendees will learn what to do when served with subpoenas, what types of subpoenas exist, and their obligations.
• Attendees will learn what it means to be a witness, how to conduct themselves in court, and how to avoid common mistakes. Attendees will also learn the difference between eyewitness and expert testimony and how to deal with cross examination.
• Attendees will understand the Local Coverage Determinations and documentation requirements for behavioral health services. Attendees will learn how to apply this information to their practice.
• Attendees will learn about the New York Justice Center, powers of the Justice Center to investigate, its limitations, and its potential impact on service providers. 
• Attendees will learn about the Office of Professional Discipline process and procedures, how to handle OPD inquiries, and common forms of misconduct.

APPROVED FOR 3 CE HOURS (LMSW/LCSW/LMHC/LCAT/LMFT)

Association for Mental Health and Wellness is recognized by the New York State Education Department's State Board for Social Work as an approved provider of continuing education for licensed social workers. (Provider #0156)

Association for Mental Health and Wellness is recognized by the New York State Education Department's State Board for Mental Health Practitioners as an approved provider of continuing education for licensed mental health counselors. (Provider #MHC-0014)

Association for Mental Health and Wellness is recognized by the New York State Education Department's State Board for Mental Health Practitioners as an approved provider of continuing education for licensed marriage and family therapists. (Provider #MFT-0010)

Association for Mental Health and Wellness is recognized by the New York State Education Department's State Board for Mental Health Practitioners as an approved provider of continuing education for licensed creative arts therapists. (Provider #CAT-0004)
 

*New York State Office of the Professions (NYSED) regulations require that participants attend the entire approved educational activity in order to receive continuing education credits, from 9:00am-12:00pm. 

Certificate of completion will be provided at the end of the workshop.

Registration fee: $60.00

***No Refunds will be issued for cancellations ***

About the Presenters

Andrew T. Garbarino

A lifelong resident of Long Island, Andrew has extensive experience in both the private and public sectors.  He is a member of the firm’s Health Law Department, as well as the White Collar Crime & Investigations, Not-For-Profit and Cybersecurity and Data Privacy practice groups. As an Assistant District Attorney in Nassau County, Andrew was assigned to the Crimes Against Real Estate Unit and Public Corruption Bureau . While there, he prosecuted cases ranging from sex crimes to white collar crimes, including larcenies, identity thefts, cyber-crimes, forgeries and frauds. Andrew advocates for and advises various corporations, hospitals, law firms and individuals, including CEO’s, CFO’s, lawyers, bankers and members of law enforcement, as well as hundreds of physicians and healthcare professionals accused of (or victimized by,) criminal, professional or other misconduct. Andrew possesses significant experience dealing with regulatory authorities, including the Securities and Exchange Commission (SEC), Financial Industry Regulatory Authority (FINRA) and state authorities including the Office of Professional Medical Conduct, (OPMC), Office of Professional Discipline, (OPD), Workers’ Compensation Board and a variety of New York City administrative departments.  He has also counseled law firms and attorneys facing inquiries by Attorney Grievance Committees and addressed matters involving the New York State Commission on Judicial Conduct. He has managed dozens of internal investigations for clients including municipalities, hospitals, medical practices and law firms.  He often liaises with forensic experts, private investigators and members of law enforcement. Articles by Mr. Garbarino have been published in the New York Law Journal, the Nassau Lawyer and Long Island Business News.  He is a member of the New York State Bar Association’s Dispute Resolution Section and Criminal Justice Section, where serves on the White Collar and Ethics Committees. He is a member of the board of directors for the Association for Mental Health and Wellness.

Alexander G. Bateman

Mr. Bateman is a former Suffolk County Assistant District Attorney, which is where he developed his extensive trial and investigative expertise, in among other things, health care fraud and abuse.  His work involves representing health care professionals and companies in the areas of investigations by federal and state agencies; Medicare/Medicaid fraud and abuse matters; professional disciplinary proceedings before the Office of Professional Medical Conduct (“OPMC”) and the Office of Professional Discipline (“OPD”); the Federal Food and Drug Administration and the Federal Drug Enforcement Administration; billing and coding issues including demands for repayment and initiation of litigation by insurance companies; termination of physicians by payors; restriction and suspension of medical staff privileges; corporate compliance and impaired physicians who participate in MSSNY’s Committee for Physician Health.  Mr. Bateman is also active in developing and implementing corporate compliance programs for health care providers and facilities. In addition to serving as co-chair of our Firm’s Health Law Department, Mr. Bateman is also chair of our Firm’s White Collar Crime and Investigations Group where he focuses his attention in the criminal defense of health care fraud and abuse on the state and federal levels and other criminal matters.

David F. Durso

David Durso is an associate at Ruskin Moscou Faltischek P.C., where he is a member of the firm’s Health Law Regulatory and Transactional Departments, as well as the firm’s White Collar Crime and Investigations, and Cybersecurity and Data Privacy practice groups.Mr. Durso’s practice focuses on health care professionals and companies in matters involving the Office of Professional Medical Conduct (OPMC), Office of the Inspector General (OIG), and the U.S. Drug Enforcement Administration (DEA).  Mr. Durso also represents health care professionals and companies in hospital medical staff proceedings, audits, claw-backs, and demands for repayment made by Medicare, Medicaid, and private health insurers.  As part of his White Collar Crime and Investigations practice, he represents physicians and civilians in criminal actions.David’s cybersecurity practice includes conducting internal investigations regarding the source and extent of cybersecurity breaches. He also advises clients about the potential criminal liability that the source of a cyber-attack could face following an incident.Before joining Ruskin Moscou Faltischek P.C., Mr. Durso was an Assistant District Attorney with the Bronx County District Attorney’s Office. As an Assistant District Attorney, Mr. Durso investigated and prosecuted crimes ranging from misdemeanors to violent felony offenses.  As part of his duties, Mr. Durso conducted Grand Jury investigations and was responsible for obtaining evidence using Grand Jury Subpoenas and search warrants.  Prior to leaving the Bronx County District Attorney’s Office, Mr. Durso was assigned to Trial Bureau 20/50 where he was responsible for a caseload of over 40 indictments.Mr. Durso received his Juris Doctor from St. John’s University School of Law. During law school, he was the Senior Articles Editor of the Journal of Civil Rights and Economic Development.  Mr. Durso was the recipient of the Dean’s Award for Excellence in Legal Analysis and Writing and in the Elder Law Clinic.  He received his undergraduate degree in Business Administration from Long Island University, C.W. Post Campus.During law school, Mr. Durso was a Legal Intern at the St. Vincent de Paul Legal Program, Elder Law Clinic and Securities Arbitration Clinic.  Mr. Durso was also an intern for a New York State Supreme Court Justice in Nassau County.Mr. Durso is admitted to practice law in the State of New York. Mr. Durso is a member of the Nassau County Bar Association.

Jacqueline Thelian

Mrs. Jacqueline Thelian is a Healthcare Consultant, Certified Professional Coder and Auditor, Subject Matter Expert and sought after educator and Author with over twenty years' experience in medical coding and business managment. Her extensice experience includes physician practice management, coding/billing compliance and reimbursement issues and she has taught extensively in Academic Medical Centers, The Chubb Institute, Hospitals, private physician practices and has conducted a vareity of seminars for numerous Medical Societies. She is also a AAPC Certified PMCC instructor for the PMCC (Professional Medical Coding Curriculum) Coding Certification Prep Course, and a Certified ICD-10 Expert Trainer. Her articles on clinical coding issues have been published in many popular healthcare publications. Mrs. Thelian is frequently contracted by many of the major Healthcare Law Firms for clients under Corporate Integrity Agreements (CIA’s). In this capacity Mrs. Thelian is the Independent Review Organization (IRO) performing chart reviews following the Office of Inspector General’s(OIG) guidelines and working with the law firm, client and government officials on the case. She provides healthcare program monitoring for physicians who require monitoring by the Department of Health (DOH) and/or IPRO (a national organization providing a full spectrum ofhealthcare assessment and improvement services).Mrs. Thelian also provides education to facilities and providers who are under CIA’s (Corporate Integrity Agreements). Working in concert with major Healthcare Law Firms on various cases, Mrs. Thelian has provided expert testimony on behalf of many physicians/providers bothat Medicare Hearings and for the Office of Professional Medical Conduct (OPMC). She has been a key presenter and a didactic author for the past several years for major Healthcare Facilities of New York City and the Tri-State area. In addition, Mrs. Thelian has extensive experience in operational issues related to Medicare and Medicaid billing and reimbursement. 

Patricia Gunning

The former Special Prosecutor and Inspector General for the New York State Justice Center for the Protection of People with Special Needs, now in private practice, Patricia Gunning is a leading voice on the criminal justice system and how it handles cases involving vulnerable persons. As the first Special Prosecutor and Inspector General for the Justice Center, Ms. Gunning was responsible for building the office from the ground up - bringing in dedicated attorneys and professionals into the new agency. Maintaining oversight over thousands of cases and complaints, Ms Gunning also led her team by example, personally prosecuting cases herself in courtrooms across New York’s 62 counties. Prior to her work with the Justice Center, Ms. Gunning was the first Chief of Rockland’s Special Victims Unit. As Chief, Ms. Gunning was a groundbreaking prosecutor - she was the first prosecutor in Rockland County to indict a DNA profile, which helped lead to the conviction of a sexual predator who had committed a violent rape against a minor. Before her time in Rockland, Ms. Gunning served as an Assistant District Attorney in Kings County, where she served in the Crimes Against Children Bureau. There, Ms. Gunning worked closely with law enforcement and crime victims at all stages of the criminal prosecution, both pre- and post-arrest. During her tenure, she handled a large volume of both misdemeanor and felony cases. A graduate of St. John’s University Law School, Ms. Gunning’s current private practice focuses on victim’s advocacy, criminal and family law, and workplace investigations. Additionally, Ms. Gunning has been a vocal and public supporter of the push for substantive changes to New York State’s sexual harassment laws, partnering with the Sexual Harassment Working Group and publicly testifying on the matter and her own experiences during hearings in Albany. Ms. Gunning continues her passion for public service, serving as Village Justice in her home village of Grandview-on-the-Hudson.

 

William Jorgenson

Bill Jorgenson is a criminal law attorney in private practice. He is a former associate commissioner at the New York City Department of Investigation(DOI). At DOI he was in charge of Training, Outreach, Background Investigations, Investigative Audits and several other related units within DOI.  Prior to this assignment Bill supervised three divisions within DOI which investigated cases involving fraud and misconduct in New York City school construction, New York City public housing, city elected officials and those non-profit organizations who received city grant money. Before joining DOI in the summer of 2014, Bill’s career as a prosecutor spanned three decades in various offices throughout the New York metropolitan area.   Bill worked as an assistant district attorney in the Staten Island District Attorney’s Office and the Office of the Special Narcotics Prosecutor in Manhattan where he handled numerous trials involving narcotics and homicide cases.  Bill then worked in the New York State Attorney General’s office where he investigated and prosecuted complex auto insurance fraud conspiracies.  Bill rounded out his time as an assistant district attorney conducting white collar prosecutions in the Nassau County District Attorney’s Office where he focused on the investigation and prosecution of financial crimes and public corruption.

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