WACHLER & ASSOCIATES, P.C.

Andrew B. Wachler
Royal Oak, Michigan

Managing Partner
phone	(248) 544-0888
fax	(248) 544-3111
email	Email Me

ANDREW B. WACHLER is the principal of WACHLER & ASSOCIATES, P.C. He graduated Cum Laude from the University of Michigan in 1974 and was the recipient of the William J. Branstom Award. He graduated Cum Laude from Wayne State University Law School in 1978.

Mr. Wachler has been practicing healthcare law for over 25 years. He counsels healthcare providers and organizations nationwide in a variety of healthcare legal matters. In addition, he writes and speaks nationally to professional organizations and other entities on healthcare law topics such as Medicare appeals, Stark and fraud and abuse, HIPAA, and other topics.

Mr. Wachler is a member of the American Health Lawyers Association, American Bar Association (Health Law Section), the Programs Committee of the Health Law Section of the American Bar Association, the Oakland County Bar Association, the Medical Group Management Association (MGMA), and the Michigan Medical Group Management Association (MMGMA).

Areas of Practice:: Health & Health Care Law; Hospital Law; Civil Practice; Administrative Law

Bar Admissions:: Michigan, 1978; U.S. District Court Eastern District of Michigan, 1978

Education:: Wayne State University Law School, Detroit, Michigan, 1978
J.D.
Honors: Cum Laude; University of Michigan, Ann Arbor, Michigan, 1974
B.G.S.
Honors: Cum Laude
Honors: William Branstrom Award

Published Works:: "The 2009 Medicare Physician Fee Schedule: The Anti-Markup Rule and IDTF Developments Impacting Diagnostic Testing Services", The Health Lawyer, The ABA Health Law Section, Vol. 21, No. 3, February, 2009; "Get Ready -- Recovery Audit Contractors Are Coming to Michigan", Michigan Medical Law Report, Vol. 4, No. 4, Winter, 2009; "RAC to the Future: What Can Medicare Providers and Suppliers Expect from the Recovery Audit Contractor Program?", The Health Lawyer, The ABA Health Law Section, Vol. 21, No. 2, December, 2008; "The RACs Are Coming - Are You Ready?", The RAP Sheet, American Health Lawyers Association, December, 2008; "Recovery Audit Contractors and Medicare Audits: Successful Strategies for Defending Audits", Caring, National Association of Home Care and Hospice, November, 2008; "CMS Finalizes Major Stark Changes - New Physician Self-Referral Rules in the 2009 IPPS Final Rulemaking Will Require Restructuring of Many Common Healthcare Arrangements", The Health Lawyer, The ABA Health Law Section, October, 2008; "Recovery Audit Contractors and Medicare Audits: Successful Strategies for Preparing for and Defending Audits", Journal of Health Care Compliance, September-October, 2008; "New Stark rules: Yet more arrangements to be restructured", Michigan Medical Law Report, Vol. 4, No. 3, Fall, 2008; "Recovery Audit Contractors and Medicare Audits: Successful Strategies for Defending Audits", Radiology Business Journal, Vol. 3, No. 8, August 13, 2008; "2008 Medicare Physician Fee Schedule: Despite Non-Finalization of Stark Proposals, Final Rule Contains Major Implications for Diagnostic Testing Arrangements", The Health Lawyer, The ABA Health Law Section, February, 2008; "Medicare's anti-markup rule partially delayed until 2009", Michigan Medical Law Report, Vol. 4, No. 1, Spring, 2008; "Stark II Phase III: The Current Stark Reality", Oakland County Bar Association, Laches, January 2008; "2008 Medicare physician fee schedule: Final rule has far reaching implications for physician practices providing diagnostic testing", Michigan Medical Law Report, Vol. 3, No. 4, Winter, 2008; "Stark II Phase III - The Full Picture", Special Edition: The Health Lawyer, The ABA Health Law Section, September, 2007; "Get Ready: RACs may be nationwide sooner than expected!", HCCA Compliance Today, Vol. 9, No. 10, October, 2007; "Get ready for increased nationwide Medicare audit activity", Michigan Medical Law Report, Vol. 3, No. 3, Fall, 2007; "Final phase of Stark regulations finally here - but it may not really be over", Michigan Medical Law Report, Vol. 3, No. 3, Fall, 2007; "Stark Reality: What Every Physician Should Know!", Michigan Medical Law Report, Vol. 3, No. 2, Summer, 2007; "DMC/WSU joint residency programs: Progress made, but work remains", Michigan Medical Law Report, Vol. 3, No. 1, Spring, 2007; "The Medicare Appeals Process and Strategies for Successful Appeals", American Health Lawyers Association, Physician Organizations, Vol. 10, Issue 1, Winter, 2007; "Physician-ownership in ambulatory surgery centers", Michigan Medical Law Report, Vol. 2, No. 2, Summer, 2006; "The Michigan Social Security Number Privacy Act, new whistleblower provisions of the Michigan Medicaid False Claims Act and more", Michigan Medical Law Report, Vol. 2, No. 1, Spring, 2006; "Physician compensation: What's legal?", Michigan Medical Law Report, Vol. 2, No. 1, Spring, 2006; "The New Medicare Part A and Part B Appeals Process", Health Law Handbook 2006, Part I, Chapter I, 2006; "Stark and Anti-Kickback Protection for E-Prescribing and Electronic Health Records", The Health Lawyer, The ABA Health Law Section, Vol. 18, No. 2, December, 2005; "Does Your Practice Qualify as a Group Practice Under Stark?", Michigan Medical Law Report, Fall, 2005; "Compliance Auditing: Three Key Issues That Every Physician Should Consider", Michigan Medical Law Report, Fall, 2005; "The New Medicare Appeals Process", The Health Lawyer, The ABA Health Law Section, Vol. 17, No. 3, June, 2005; "The New Medicare Appeals Process", Special Edition: The Health Lawyer, The ABA Health Law Section, June, 2005; "Billing: Three key compliance tips that every physician should implement", Michigan Medical Law Report, Vol. 1, No. 4, pg. 5, 10, Winter, 2005; "STARK ll PHASE ll is Here - Have you Analyzed Your Healthcare Clients' Financial Relationships", Laches, July, 2004; "Third-Party Payor Audits: Impact on Physician and Healthcare Provider Clients", Laches, July, 2004; "The Phase ll Final Stark Regulations Are Here - Are You Ready?", Pulse, July 16, 2004; "STARK ll PHASE ll - THE FINAL VOYAGE", Special Edition: The Health Lawyer, The ABA Health Law Section, April, 2004; "The Phase ll Final Start Regulations Are Here - Are You Ready", Detroit Medical News, April 12, 2004; "Medicare Appeal and Recovery Reforms under the Medicare Prescription Drug, Improvement and Modernization Act of 2003", The Health Lawyer, The ABA Health Law Section, March, 2004; "Recognizing and Reducing Risks: HIPAA Privacy and Security Enforcement", Michigan Health and Hospitals, November/December, 2003; "HIPAA Privacy and Security Enforcement: Assessing and Reducing Risks", Health Lawyers Weekly, September 25, 2003; "Clearing the Final HIPAA Hurdle: Preparing for compliance with the HIPAA Security Rule", Michigan Health and Hospitals, July/August, 2003; "Finalization of Rule Removes Uncertainty", Michigan Health and Hospitals, November/December, 2002; "Recent Stark ll Changes Apply to Home Care Physicians", Health Care Weekly Review, February 6, 2002; "Congress Extends Compliance Deadline for Electronic Standard Transactions Rule: Providers Must Submit Compliance Plan", Health Care Weekly Review, January 6, 2002; "A Stark ll Primer: The Impact of the Federal Physician Self-Referral Ban on Health Care Providers' Business Relationships", Laches, January, 2002; "Stark ll Deadline Rapidly Approaching", Health Care Weekly Review, December 5, 2001; "Setting the Standard", Michigan Health and Hospitals, November/December, 2001; "OIG Issues First Opinion on Hospital-Physician Safe Harbor", FASA Update: Journal of the Federated Ambulatory Surgery Association, November/December, 2001; "Phase l of the Stark ll Final Rule", Michigan Health and Hospitals, July/August, 2001; "Complex Privacy Regulations Have Far Reaching Impact", Michigan Health and Hospitals, July/August, 2001; "Stark ll Final Rule - Phase l: A Kinder Gentler Stark?", Special Edition: The Health Lawyer, The ABA Health Law Section, January, 2001; "OIG Softens its Overall Approach in Releasing the Final Compliance Guidance for Individual and Small Group Physician Practices,", The Health Lawyer, The ABA Health Law Section, October, 2000; "Final Rule Implements Standards for Electronic Health Care Transactions,", The Health Lawyer, The ABA Health Law Section, October, 2000; "OIG Issues Draft Compliance Guidance for Individual and Small Group Physician Practices", Health Care Weekly Review, July 19, 2000; "Issues Draft Compliance Guidance for Individual and Small Group Physician Practices", The Health Lawyer, The ABA Health Law Section, June, 2000; "OIG Issues Draft Compliance Guidance for Individual and Small Group Physician Practices", The Health Lawyer, The ABA Health Law Section, June, 2000; "Continuing Education is Key to Compliance", Anesthesia News, November, 1999; "Issues Compliance Guidances for the Hospice Industry and Medicare+Choice Organizations", The Health Lawyer, The ABA Health Law Section, October, 1999; "New Guidance in Place", Michigan Health & Hospitals, March/April, 1999; "OIG Issues Guidelines for Billing Company Compliance Programs", Healthcare Business, March, 1999; "Issues New Voluntary Disclosure Protocol", The Health Lawyer, The ABA Health Law Section, November, 1998; "Stark ll Proposed Regulations: Impacting Group Practices and Physician Employers", Michigan Health & Hospitals, May/June, 1998; "Corporate Compliance Programs: A Practical Approach", Michigan Home Health Association News, March/April, 1998; "Home Health Moratorium Lifted, Surety Bonds Are Now Required", Health Care Weekly Review, February 11, 1998; "Stark II Proposed Regulations: Rule Offers Additional Guidance While Regulators Seek More Input From Health Care Community", The Health Lawyer, The ABA Health Law Section, January, 1998; "Advisory Opinion Regulations Will Discourage Many Potential Requestors", The Health Lawyer, The ABA Health Law Section, Spring, 1997; "Physician Incentive Plan Regulations: Implications For Managed Care Organizations and Providers", The Health Lawyer, The ABA Health Law Section, Spring, 1996; "Federal Fraud and Abuse Laws Strengthened But Stark-Self-Referral Prohibitions Untouched", The Health Lawyer, The ABA Health Law Section, Winter, 1996; "HIPAA Privacy Workbook and Toolkit", United Communications Group, Federated Ambulatory Surgery Association; "HIPAA Security Workbook and Toolkit", United Communications Group, Federated Ambulatory Surgery Association

Classes/Seminars Taught:: "Recovery Audit Contractors and Medicare Audits: Compliance Tips and Successful Appeals Strategies", Indiana Association for Home & Hospice Care, May 19, 2009 - May 21, 2009; "Latest Developments in Stark and Anti-Markup for Billing Companies", Healthcare Billing and Management Association, May 8, 2009; "Recovery Audit Contractors and Medicare Audits", 2009 Spring Educational Conference of the Healthcare Billing and Management Association (HBMA), May 6, 2009 - May 8, 2009; "RAC Audit Appeals Strategies and Defenses for Overturning Hospital RAC Denials", National Healthcare Compliance Audioconference, May 5, 2009; "Ready or Not, Here They Come! Preparing for and Defending RAC Audits", 2009 Annual Meeting of the Health Care Compliance Association (HCCA), April 26, 2009 - April 29, 2009; "The Basics: How the RAC Appeals Process Works", National Medicare RAC Summit, March 5, 2009 - March 6, 2009; "Recovery Audit Contractors and Medicare Audits", 2009 American Bar Association (ABA) Emerging Issues Conference, February 18, 2009 - February 19, 2009; "Managing the Recovery Audit Contractor Review Process", World Research Group, December 8, 2008 - December 9, 2008; "Recovery Audit Contractors: Past, Present and the Future" (with Melanie Combs-Dyer, senior technical adviser for CMS' division of recovery audit operations), 2008 American Bar Association (ABA) Health Care Law Section Washington Summit, November 17, 2008 - November 18, 2008; "Recovery Audit Contractors & Medicare Audits: Successful Appeals Strategies and Compliance Tips", 2008 Annual Meeting of the National Association of Home Care & Hospice (NAHC), October 11, 2008 - October 15, 2008; "Diagnostic Imaging Services: Latest Developments in the Stark Law and Anti-Markup Provisions", 2008 Radiology Business Management Association (RBMA) Annual Meeting, September 4, 2008 - September 6, 2008; "New Developments in Medicare Audits Recovery Audit Contractors Defense and Compliance Strategies", 2008 Radiology Business Management Association (RBMA) Annual Meeting, September 4, 2008 - September 6, 2008; "Stark Perspectives: Self Referral Provisions in the 2009 IPPS Final Rulemaking", ABA, Teleconference, August 28, 2008; "A Stark Reality: New Rules We Need to Know", AHLA, Teleconference, August 14, 2008 - August 21, 2008; "Recovery Audit Contractors: Everything you wanted to know about RACs but were afraid to ask" (with Melanie Combs-Dyer), ABA Health Law Section, Teleconference, August 13, 2008; The Medicare Appeals Process and Strategies for Successful Appeals, Michigan Home Health Association (MHHA), May 14, 2008; "Recovery Audit Contractors and Medicare Audits", 2008 Radiology Summit of Radiology Business Management Association (RBMA), May 4, 2008 - May 7, 2008; Medicare Claims Appeals Advanced Workshop, AHLA Institute on Medicare and Medicaid Payment Issues, April 9, 2008 - April 11, 2008; "What's a Doc to Do? Stark II Phase III and Anti-Markup Rules: The Impact on Physician Relationships and Ventures", American Bar Association Health Law Section, February 6, 2008; "Stark Primer - Part II, Physician's Perspective", Michigan Bar Association, Health Care Law Section, January 31, 2008; The Medicare Appeals Process, Annual Meeting of the American Society of Addiction Medicine, 2007; The Medicare Appeals Process, American Health Lawyers Association 2007 Annual Physicians and Physicians Organizations Law Institute, 2007; New Developments in Third Party Payor Audits, 2007 Radiology Summit of Radiology Business Management Association (RBMA), 2007; The Medicare Appeals Process, Annual Meeting of the Michigan Hospice and Palliative Care Organization, 2007; The New Medicare Appeals Process, Annual Meeting of the American Academy of Ophthalmology, November 11, 2006 - November 24, 2006; The New Medicare Appeals Process, Annual Meeting of the Health Care Compliance Association, October 1, 2006 - October 3, 2006; "The New Medicare Appeals Process and Strategic Approaches to Medicare Audits", American Health Lawyers Association Annual Physicians and Physicians Organizations Law Institute, August 2, 2006 - September 2, 2006; Key Legal Compliance Issues Facing Skilled Nursing Facilities, Healthcare Association of Michigan (HCAM), 2006; Healthcare Legal Issues that Impact Radiology Practices, American Healthcare Radiology Administrators, 2006; The New Medicare Appeals Process and Strategies for Successful Appeals, American Bar Association Health Law Section, 2006; The New Medicare Appeals Process, Associated Professional Sleep Societies, 2006; The New Medicare Appeals Process and Strategies for Successful Appeals, Michigan Hospice and Palliative Care Organization, 2006; Out of Network Billing: What Your ASC Needs to Know, Federated Ambulatory Surgery Association FASA 2006, 2006; The New Medicare Appeals Process, Michigan Podiatric Association, 2006; "HIPAA Update", American Association of Colleges of Osteopathic Medicine Annual Meeting, January 10, 2005; "Stark II and Fraud and Abuse: Basic Business Considerations and Recent Developments", Healthcare Conference through the Michigan Association of Certified Public Accountants, January 4, 2005; "HIPAA Security: How to Effectively Work With Attorneys and Consultants", Tenth National HIPAA Summit, January 4, 2005; "HIPAA Security Basics: Collaboration Between Attorneys and Consultants", Ninth National HIPAA Summit, January 11, 2004; "HIPAA Security Workshop for ASCs", Federated Ambulatory Surgery Association's 2004 Annual Meeting, January 5, 2004; "Compliance with Healthcare Fraud and Abuse Laws", 2004 Healthcare Conference through the Michigan Association of Certified Public Accountants, January 4, 2004; "Explaining Compliance to Physician Clients", 10th Annual Michigan Health Law Conference Sponsored by ICLE, January 4, 2004; "Fraud and Abuse Update" 1998/99, Medicare and Medicaid: Enforcement, Compliance and the Transition to Managed Care in Michigan, Lorman Education Services, 1999 - 2000; "Voluntary Disclosure Issues" 2000, Medicare and Medicaid: Enforcement, Compliance and the Transition to Managed Care in Michigan, Lorman Education Services, 1999 - 2000

Professional Associations and Memberships:: Michigan Bar Association; Oakland County Bar Association; American Bar Association; American Health Lawyers Association; Medical Group Management Association; Michigan Medical Group Management Association