Publications
Sampling of Articles by WACHLER & ASSOCIATES, P.C.
In addition to providing healthcare related legal services to our clients, the attorneys of WACHLER & ASSOCIATES P.C. have published numerous articles relating to fraud and abuse and Stark topics as well as compliance. The following articles illustrate some of our areas of expertise. Several of the articles were published in The Health Lawyer, a publication of the Health Law Section of the ABA that reaches over 11,000 business and health law attorneys. If the article is underlined, you may view it by clicking on the name of the article. If you would like copies of the articles that are not available online, please contact us and we will be happy to send you a free copy.
The American Bar Association Health Law Section Publications
"The HITECH Breach Notification Rules: Understanding the New Obligations," Andrew B. Wachler, Esq. & Amy K. Fehn, Esq. The Health Lawyer, The ABA Health Law Section, October 2009
"The Medicaid Integrity Program: Full Steam Ahead," Andrew B. Wachler, Esq. & Amy K. Fehn, Esq. The Health Lawyer, The ABA Health Law Section, August 2009.
"The 2009 Medicare Physician Fee Schedule: The Anti-Markup Rule and IDTF Developments Impacting Diagnostic Testing Services", co-author Andrew B. Wachler, Esq., The Health Lawyer, The ABA Health Law Section, Vol. 21, No. 3, February, 2009
"RAC to the Future: What Can Medicare Providers and Suppliers Expect from the Recovery Audit Contractor Program?", co-author Andrew B. Wachler, Esq., The Health Lawyer, The ABA Health Law Section, Vol. 21, No. 2, December, 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", co-author Andrew B. Wachler, Esq., The Health Lawyer, The ABA Health Law Section, October, 2008
"Stark II Phase III - The Full Picture," co-author Andrew B. Wachler, Esq., Special Edition: The Health Lawyer, The ABA Health Law Section, September, 2007
"Stark and Anti-Kickback Protection for E-Prescribing and Electronic Health Records," co-author Andrew B. Wachler, Esq., The Health Lawyer, The ABA Health Law Section, December 2005.
"The New Medicare Appeals Process," co-author Andrew B. Wachler, Esq., The Health Lawyer, The ABA Health Law Section, June 2005.
"Medicare Appeal and Recovery Reforms under the Medicare Prescription Drug, Improvement and Modernization Act of 2003," co-author Andrew B. Wachler, Esq., The Health Lawyer, The ABA Health Law Section, March 2004.
"Final HIPAA Security Rule Allows Greater Flexibility" co-authors Andrew B. Wachler, Esq. and Amy Fehn, Esq., The Health Lawyer, The ABA Health Law Section, April 2003.
"Stark II - Phase II - The Final Voyage," co-author Andrew B. Wachler, Esq., Special Edition, The Health Lawyer, The ABA Health Law Section, April, 2001.
"Complex Privacy Regulations Have Far Reaching Impact," co-author Andrew B. Wachler, Esq., The Health Lawyer, The ABA Health Law Section, April, 2001.
"Stark II Final Rule - Phase I: A Kinder and Gentler Stark?," co-author Andrew B. Wachler, Esq., 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," co-author Andrew B. Wachler, Esq., The Health Lawyer, The ABA Health Law Section, October 2000.
"Final Rule Implements Standards for Electronic Health Care Transactions," co-author Andrew B. Wachler, Esq., The ABA Health Law Section, October 2000.
"OIG Issues Draft Compliance Guidance for Individual and Small Group Physician Practices," co-author Andrew B. Wachler, Esq., The Health Lawyer, The ABA Health Law Section, June, 2000.
"OIG Issues Compliance Guidances for the Hospice Industry and Medicare+Choice Organizations," co-author Andrew B. Wachler, The Health Lawyer, The ABA Health Law Section, October, 1999.
"OIG Issues New Voluntary Disclosure Protocol," co-author Andrew B. Wachler, Esq., The Health Lawyer, The ABA Health Law Section, November, 1998.
"Stark II Proposed Regulations: Rule Offers Additional Guidance While Regulators Seek More Input From Health Care Community," co-author Andrew B. Wachler, Esq., The Health Lawyer, The ABA Health Law Section, January, 1998.
"Advisory Opinion Regulations Will Discourage Many Potential Requestors," by Andrew B. Wachler, Esq., The Health Lawyer, The ABA Health Law Section, Spring, 1997.
"Federal Fraud and Abuse Laws Strengthened by Start-Self-Referral Prohibitions Untouched," by Andrew B. Wachler, Esq., The Health Lawyer, The ABA Health Law Section, Winter, 1996.
"Physical Incentive Plan Regulations: Implications for Managed Care Organizations and Providers," by Andrew B. Wachler, Esq., The Health Lawyer, The ABA Health Law Section, Spring, 1996.
Other Health Law Publications
"Changes to Stark - Are you still in compliance?" co-authors Andrew B. Wachler and Alicia B. Chandler, Michigan Medical Law Report, Vol. 5., No. 4., Winter 2010.
"The HITECH Breach Notification Rules: Ensuring Compliance with the New Obligations," co-authors Amy Fehn and Laura Range, Michigan Medical Law Report, Vol. 5., No. 4, Winter 2010.
"Risks and Costs You Can't Afford to Ignore: Stark Law Basics and Anti-Markup Rules," Andrew B. Wachler, Healthcare Billing & Management Association, Vol. 15, Issue 5, September-October 2009.
"CMS Changes Rules Regarding Use of 'Consignment Closets,'" co-authors Amy Fehn and Jennifer Colagiovanni, The Michigan Medical Law Report, Vol. 5, No. 3, Fall 2009.
"FERA Gives Health Care Fraud Enforcement a Boost," Andrew Wachler & Amy Fehn, Michigan Medical Law Report, Vol. 5, No. 3, Fall 2009.
"Changes to HIPAA Privacy and Security Resulting from the HITECH Act," co-author Amy K. Fehn, The Michigan Business Law Journal, Summer 2009.
"The Medicaid Integrity Program: A New Risk Area for Providers", by Wachler & Associates, P.C., The Michigan Medical Law Report, Vol. 5, No. 2, Summer 2009.
"Red Flags Rule Will Impact Healthcare Providers", by Wachler & Associates, P.C., Michigan Medical Law Report, Vol. 5, No. 2, Summer 2009.
“New Standards on Disruptive Behavior Require a Measured Approach", co-author Jeffrey R. Campbell, Esq., Michigan Medical Law Report, Vol. 5, No. 1, Spring 2009
"The 2009 Medicare Physician Fee Schedule: Medicare's Anti-Markup Rule and IDTG Enrollment Requirements for Mobile Imaging", by Wachler & Associates, P.C., Michigan Medical Law Report, Vol. 4, No. 4, Winter 2009
"Get Ready -- Recovery Audit Contractors Are Coming to Michigan", co-author Andrew B. Wachler, Esq., Michigan Medical Law Report, Vol. 4, No. 4, Winter, 2009
"Risk and Compliance Practices for Nursing Facilities", by Wachler & Associates, P.C., Michigan Medical Law Report, Vol. 4, No. 4, Winter 2009
"Recent Developments and Key Legal Issues Impacting Diagnostic Imaging Services, Part 1", by Wachler & Associates, P.C. Radiology Management, January/February 2009
"Medicare Eases Rule on Termination of Provider Medical Records Review", by Wachler & Associates, P.C., Michigan Medical Law Report, Vol. 5, No. 1, Spring 2009
"The RACs Are Coming - Are You Ready?", co-author Andrew B. Wachler, Esq., The RAP Sheet, American Health Lawyers Association, December, 2008
"Recovery Audit Contractors and Medicare Audits: Successful Strategies for Defending Audits", co-author Andrew B. Wachler, Esq., Caring, National Association of Home Care and Hospice, November, 2008
“BCBSM Recognizes the AAHC’s Early Option Survey for ASF Participation”, by Wachler & Associates, P.C., Michigan Medical Law Report, Vol. 4, No. 3, Fall 2008
"New Stark rules: Yet more arrangements to be restructured", co-author Andrew B. Wachler, Esq., Michigan Medical Law Report, Vol. 4, No. 3, Fall, 2008
"Be there... or pay up", by Jeffrey R. Campbell, Esq., Michigan Medical Law Report, Vol. 4, No. 3, Fall, 2008
"The changing landscape: Blue Cross Blue Shield's new evidence of need requirements for participating ambulatory surgical facilities", co-author Jeffrey R. Campbell, Esq., Michigan Medical Law Report, Vol. 4, No. 2, Summer, 2008
“A Few Minor Billing Errors Aren’t Really Going to Matter, Right? Wrong!” by Wachler & Associates, P.C., Michigan Medical Law Report, Vol. 4, No. 2, Summer 2008
"Can Medicare Take My Money?” by Wachler & Associates, P.C., Michigan Medical Law Report, Vol. 4, No 2, Summer 2008
"Recovery Audit Contractors and Medicare Audits: Successful Strategies for Defending Audits", co-author Andrew B. Wachler, Esq., Radiology Business Journal, Vol. 3, No. 8, August 13, 2008
"Medicare's anti-markup rule partially delayed until 2009", co-author Andrew B. Wachler, Esq., Michigan Medical Law Report, Vol. 4, No. 1, Spring, 2008
"OIG Work Plan 2008: What Can Providers Expect in 2008?" by Wachler & Associates, P.C., Michigan Medical Law Report, Vol. 4, No. 1, Spring 2008
"Recovery Audit Contractors And Medicare Audits: What Can Hospitals and Health Systems Expect as the RAC Program Expands Nationwide?", co-author Andrew B. Wachler, American Health Lawyers Association (AHLA) member briefing.
"Recovery Audit Contractors and Medicare Audits: Successful Strategies for Preparing for and Defending Audits", co-author Andrew B. Wachler, Esq., Journal of Health Care Compliance, September-October, 2008
"Stark II Phase III: The Current Stark Reality", co-author Andrew B. Wachler, Esq., Oakland County Bar Association, Laches, January, 2008
"2008 Medicare Physician fee schedule: Final rule has far reaching implications for physician practices providing diagnostic testing", co-author Andrew B. Wachler, Esq., Michigan Medical Law Report, Vol. 3, No. 4, Winter, 2008
“Laser Treatment for Dermatological Purposes: Who can perform these Procedures in Michigan?” by Wachler & Associates, P.C., Michigan Medical Law Report, Vol. 2, No. 4 Winter 2007
“Legal Issues Impacting Physician Recruitment Relationships”, by Wachler & Associates, P.C., Michigan Medical Law Report, Vol. 2, No. 4, Winter 2007
"Get Ready: RACs may be nationwide sooner than expected!" co-author Andrew B. Wachler, Esq., HCCA Compliance Today, Vol. 9, No. 10, October 2007.
"Get ready for increased nationwide Medicare audit activity", co-author Andrew B. Wachler, Esq., Michigan Medical Law Report, Vol. 3, No. 3, Fall, 2007
"Final phase of Stark regulations finally here - but it may not really be over", co-author Andrew B. Wachler, Esq., Michigan Medical Law Report, Vol. 3, No. 3, Fall, 2007
"Medicare's physician quality reporting initiative: The new frontier on pay-for-performance", co-author Jeffery R. Campbell, Esq., Michigan Medical Law Report, Vol. 3, No. 3, Fall, 2007
"Stark Reality: What Every Physician Should Know!", co-author Andrew B. Wachler, Esq., Michigan Medical Law Report, Vol. 3, No. 2, Summer, 2007.
"Legislature institutes new requirements for the retention of medical records", co-author Jeffery R. Campbell, Esq., Michigan Medical Law Report, Vol. 3, No. 2, Summer, 2007
"DMC/WSU joint residency programs: Progress made, but work remains", co-author Andrew B. Wachler, Esq., Michigan Medical Law Report, Vol. 3, No. 1, Spring, 2007.
"The Medicare Appeals Process and Strategies for Successful Appeals", co-author Andrew B. Wachler, Esq., Physician Organizations, Vol. 10, Issue 1, Winter, 2007.
"Physician-ownership in ambulatory surgery centers," co-author Andrew B. Wachler, Esq., 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," co-author Andrew B. Wachler, Esq., Michigan Medical Law Report, Vol. 2, No. 1, Spring 2006.
"Physician compensation: What's legal?" co-author Andrew B. Wachler, Esq., Michigan Medical Law Report, Vol. 2, No. 1, Spring 2006.
"The New Medicare Part A and Part B Appeals Process," co-author Andrew B. Wachler, Esq., Health Law Handbook 2006, Part I, Chapter I, 2006.
"Stark and anti-kickback protection for e-prescribing and electronic health records," co-author Andrew B. Wachler, Esq., Michigan Medical Law Report, Vol. 1, No. 4, Winter 2005, at p. 6, 13.
"Billing: Three key compliance tips that every physician should implement," co-author Andrew B. Wachler, Esq., Michigan Medical Law Report, Vol. 1, No. 4, Winter 2005, at p. 5,10.
"Compliance Auditing: Three Key Issues That Every Physician Should Consider," co-author Andrew B. Wachler, Esq., Michigan Medical Law Report, Vol. 1, No. 3, Fall 2005.
"Does Your Practice Qualify as a Group Practice under Stark?" co-author Andrew B. Wachler, Esq., Michigan Medical Law Report, Vol. 1, No. 3, Fall 2005.
"The Phase II Final Stark Regulations Are Here - Are You Ready?" co-author Andrew B. Wachler, Esq., Pulse, July 16, 2004.
"Third-Party Payor Audits: Impact on Physician and Healthcare Provider Clients," co-author Andrew B. Wachler, Esq., July, 2004.
"The Phase II Final Stark Regulations Are Here - Are You Ready?" by Wachler & Associates, P.C., Detroit Medical News, April 12, 2004.
"STARK II PHASE II is Here- Have You Analyzed Your Healthcare Clients' Financial Relationships?," co-author Andrew B. Wachler, Esq., July, 2004.
Risks: HIPAA Privacy and Security Enforcement," by Andrew B. Wachler, Esq. and Amy Fehn, Esq., Michigan Health and Hospitals, November/December 2003.
"HIPAA Privacy and Security Enforcement: Assessing and Reducing Risks," by Andrew B. Wachler Esq. and Amy K. Fehn, Esq., Health Lawyers Weekly, September 25, 2003.
"Clearing the Final HIPAA Hurdle: Preparing for compliance with the HIPAA Security Rule" by Andrew B. Wachler Esq. and Amy Fehn, Michigan Health and Hospitals, July/August 2003.
"New HIPAA Privacy Guidance Reduces ASC Fears," co-author Andrew B. Wachler, Esq., FASA Update: Journal of the Federated Ambulatory Surgery Association, Volume XX, Number 1, January/February, 2003.
"Finalization of Rule Removes Uncertainty," by Andrew B. Wachler, Esq. and Amy K. Fehn, Esq., Michigan Health and Hospitals, November/December 2002.
"Recent Stark II Changes Apply to Home Care Physicians," co-author Andrew B. Wachler, Esq., Health Care Weekly Review, February 6, 2002.
"Congress Extends Compliance Deadline for Electronic Standard Transactions Rule: Providers Must Submit Compliance Plan," by Andrew B. Wachler, Esq. and Amy K. Fehn, Esq., Health Care Weekly Review, January 6, 2002.
"A Stark II Primer: The Impact of the Federal Physician Self-Referral Ban on Health Care Providers' Business Relationships", co-author Andrew B. Wachler, Esq., Laches, January 2002.
"Stark II Deadline Rapidly Approaching," co-author Andrew B. Wachler, Esq., Health Care Weekly Review, December 5, 2001.
"OIG Issues First Opinion on Hospital-Physician Safe Harbor", by Andrew B. Wachler, Esq., and Amy K. Fehn, Esq., FASA Update: Journal of the Federated Ambulatory Surgery Association, November/December 2001.
"Setting the Standard," by Andrew B. Wachler, Esq. and Amy K. Fehn, Esq., Michigan Health and Hospitals, November/December 2001.
"Phase I of the Stark II Final Rule", co-author Andrew B. Wachler, Esq., Michigan Health & Hospitals, July/August 2001.
"OIG Issues Draft Compliance Guidance for Individual and Small Group Physician Practices," co-author Andrew B. Wachler, Esq., Health Care Weekly Review, July 19, 2000.
"Continuing Education Is Key To Compliance," co-author Andrew B. Wachler, Esq., Anesthesia News, November, 1999.
"New Guidance in Place," co-author Andrew B. Wachler, Esq., Michigan Health & Hospitals, March/April 1999.
"OIG Issues Guidelines for Billing Company Compliance Programs," co-author Andrew B. Wachler, Esq., Healthcare Business, March, 1999.
"Stark II Proposed Regulations: Impacting group practices and physician employers," co-author Andrew B. Wachler, Esq., Michigan Health & Hospitals, May/June 1998.
"Corporate Compliance Programs: A Practical Approach," co-author Andrew B. Wachler, Esq., Michigan Home Health Association News, March/April 1998.
"Home Health Moratorium Lifted, Surety Bonds Are Now Required," co-author Andrew B. Wachler, Esq., Health Care Weekly Review, February 11, 1998.
"HIPAA Privacy Workbook and Toolkit," co-author Andrew B. Wachler, Esq., United Communications Group.
"HIPAA Security Workbook and Toolkit," co-author Andrew B. Wachler, Esq., United Communications Group.
"HIPAA Privacy Workbook and Toolkit," co-author Andrew B. Wachler, Esq., Federated Ambulatory Surgery Association.
"HIPAA Security Workbook and Toolkit," co-author Andrew B. Wachler, Esq., Federated Ambulatory Surgery Association.
