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. 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.

"OIG Work Plan 2008: What can providers expect in 2008?", by Abby Pendleton, Esq. and Jessica L. Gustafson, Esq., Michigan Medical Law Report, Vol. 4, No. 1, Spring, 2008

"Medicare's anti-markup rule partially delayed until 2009", by Andrew B. Wachler, Esq. and Adrienne Dresevic, Esq., Michigan Medical Law Report, Vol. 4, No. 1, Spring, 2008

"Stark II Phase III:  The Current Stark Reality", by Andrew B. Wachler, Esq. and Adrienne Dresevic, 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", by Andrew B. Wachler, Esq. and Adrienne Dresevic, Esq., Michigan Medical Law Report, Vol. 3, No. 4, Winter, 2008 

"Is Medicare being billed the right way? Here's how to avoid the risks",  by Abby Pendleton, Esq., Michigan Medical Law Report, Vol. 3, No. 4, Winter, 2008

"Stark II Phase III - The Full Picture," by Andrew B. Wachler, Esq. and Adrienne Dresevic, Esq., Special Edition: The Health Lawyer, The ABA Health Law Section, September, 2007

"Get Ready: RACs may be nationwide sooner than expected!" by Andrew B. Wachler, Esq., Abby Pendleton, Esq. and Jessica L. Gustafson, Esq., HCCA Compliance Today, Vol. 9, No. 10, October 2007.

"Get ready for increased nationwide Medicare audit activity", by Andrew B. Wachler, Esq., Abby Pendleton, Esq., and Jessica L. Gustafson, 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", by Andrew B. Wachler, Esq. and Adrienne Dresevic, Esq., Michigan Medical Law Report, Vol. 3, No. 3, Fall, 2007

"Medicare's physician quality reporting initiative: The new frontier on pay-for-performance", by Susan H. Patton, Esq. and Jeffery R. Campbell, Esq., Michigan Medical Law Report, Vol. 3, No. 3, Fall, 2007

"Stark Reality: What Every Physician Should Know!", by Andrew B. Wachler, Esq. and Adrienne Dresevic, Esq., Michigan Medical Law Report, Vol. 3, No. 2, Summer, 2007.

"A healthcare franchise: Add to shopping cart", by Adrienne Dresevic, Esq. and Susan H. Patton, Esq., Michigan Medical Law Report, Vol. 3, No. 2, Summer, 2007.

"Legislature institutes new requirements for the retention of medical records", by Robert S. Iwrey, Esq. and Jeffery R. Campbell, Esq., Michigan Medical Law Report, Vol. 3, No. 2, Summer, 2007

"Cash care and retail medicine opportunities enhance your practice: Legal issues every doctor should know", by Adrienne Dresevic, Esq. and Susan H. Patton, Esq., Michigan Medical Law Report, Vol. 3, No. 1, Spring, 2007.

"DMC/WSU joint residency programs: Progress made, but work remains", by Andrew B. Wachler, Esq. and Jessica L. Gustafson, Esq., Michigan Medical Law Report, Vol. 3, No. 1, Spring, 2007.

"The Medicare Appeals Process and Strategies for Successful Appeals", by Andrew B. Wachler, Esq. and Jessica L. Gustafson, Esq., Physician Organizations, Vol. 10, Issue 1, Winter, 2007.

"Laser treatment for dermatological purposes: Who can perform these procedures in Michigan?", by Robert S. Iwrey, Esq., Michigan Medical Law Report, Vol. 2, No. 4, Winter, 2007.

"Legal issues impacting physician recruitment relationships", by Abby Pendleton, Esq. and Jessica L. Gustafson, Esq., Michigan Medical Law Report, Vol. 2, No. 4, Winter, 2007. Michigan Supreme Court empowers physicians to challenge private hospital staffing decisions", by Robert S. Iwrey, Esq., Michigan Medical Law Report, Vol. 2, No. 3, Fall, 2006.

"What all physicians need to know about the proposed changes to the Medicare physician fee schedule", by Abby Pendleton, Esq. And Jessica L. Gustafson, Esq., Michigan Medical Law Report, Vol. 2, No. 3, Fall, 2006.

"Prescribing controlled substances: What every physician should know," by Abby Pendleton, Esq. and Robert S. Iwrey, Esq., Michigan Medical Law Report, Vol. 2, No. 2, Summer, 2006.

"Physician-ownership in ambulatory surgery centers," by Andrew B. Wachler, Esq. and Adrienne Dresevic, Esq., Michigan Medical Law Report, Vol. 2., No. 2, Summer, 2006.

"Legal issues impacting physician practices: Providing physical therapy services," by Adrienne Dresevic, Esq. and Jessica L. Gustafson, 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," by Andrew B. Wachler, Esq. and Abby Pendleton, Esq., Michigan Medical Law Report, Vol. 2, No. 1, Spring 2006.

"Starting a physician practice in Michigan," by Robert S. Iwrey, Esq. and Jessica L. Gustafson, Esq., Michigan Medical Law Report, Vol. 2, No. 1, Spring 2006.

"Physician compensation: What's legal?" by Andrew B. Wachler, Esq. and Adrienne Dresevic, Esq., Michigan Medical Law Report, Vol. 2, No. 1, Spring 2006.

"The New Medicare Part A and Part B Appeals Process," by Andrew B. Wachler, Esq. and Abby Pendleton, Esq., Health Law Handbook 2006, Part I, Chapter I, 2006.

"Stark and Anti-Kickback Protection for E-Prescribing and Electronic Health Records," by Andrew B. Wachler, Esq. and Adrienne Dresevic, Esq., The Health Lawyer, The ABA Health Law Section, December 2005 (requires Adobe Acrobat).

"Stark and anti-kickback protection for e-prescribing and electronic health records," by Andrew B. Wachler, Esq. and Adrienne Dresevic, 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," by Andrew B. Wachler, Esq. and Abby Pendleton, 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," by Andrew B. Wachler, Esq. and Abby Pendleton, Esq., Michigan Medical Law Report, Vol. 1, No. 3, Fall 2005.

"Does Your Practice Qualify as a Group Practice under Stark?" by Andrew B. Wachler, Esq. and Adrienne Dresevic, Esq., Michigan Medical Law Report, Vol. 1, No. 3, Fall 2005.

"Michigan's Court of Appeals Empowers Physicians to Challenge Private Hospital Staffing Decisions," by Robert S. Iwrey, Esq., Triad, Summer/Fall 2005, at 31-32.

"The New Medicare Appeals Process," by Andrew B. Wachler, Esq. and Abby Pendleton, Esq., The Health Lawyer, The ABA Health Law Section, June 2005 (requires Adobe Acrobat).

"State of Michigan Healthcare License Investigations and the Practical Effect of Licensing Sanctions," by Robert S. Iwrey, Esq., Michigan Medical Law Report, Vol. 1, No. 1, Spring 2005.

Third-Party Payor Audits: The Impact on Anesthesia Groups, by Abby Pendleton, Esq., Anesthesia Business Consultants Communique, Fall 2004.

"The Phase II Final Stark Regulations Are Here - Are You Ready?" by Andrew B. Wachler, Esq. and Adrienne D. Dresevic, Esq., Pulse, July 16, 2004.

"Stark II - Phase II - The Final Voyage," by Andrew B. Wachler, Esq., Adrienne Dresevic, Esq., and Karen K. Harris, Esq., Special Edition, The Health Lawyer, The ABA Health Law Section,  April, 2001 (requires Adobe Acrobat).

"Third-Party Payor Audits: Impact on Physician and Healthcare Provider Clients," by Andrew B. Wachler, Esq. and Abby Pendleton, Esq. July, 2004 (requires Adobe Acrobat).

"State of Michigan Healthcare License Investigations and the Practical Effect of Licensing Sanctions", by Robert S. Iwrey, Esq. July, 2004 (requires Adobe Acrobat).

"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?," by Andrew B. Wachler, Esq. and Adrienne Dresevic, Esq., July, 2004 (requires Adobe Acrobat).

"Medicare Appeal and Recovery Reforms under the Medicare Prescription Drug, Improvement and Modernization Act of 2003," by Andrew B. Wachler, Esq. and Abby Pendleton, Esq., The Health Lawyer, The ABA Health Law Section, March 2004.

"Have you engaged in Compliance Activities Lately?" by Abby Pendleton, Esq. and Robert S. Iwrey, Esq., MSA Ventilator, December, 2003.

"Recognizing and Reducing 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 & Risk Reduction," by Robert S. Iwrey, Esq., The Ventilator, November, 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.

"9 Ways to Help Avoid Serious Trouble," by Robert S. Iwrey, Esq., Physician Office Lab News, Vol. 12, No. 16, August 11, 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.

"Final HIPAA Security Rule Allows Greater Flexibility" by Andrew B. Wachler, Esq., Amy Fehn, Esq., and Abby Pendleton, Esq., The Health Lawyer, The ABA Health Law Section, April 2003 (Word document).

"Compliance Issues for the Pain Side of the Practice: Billing 'Incident to' Services to Medicare," by Robert S. Iwrey, Esq., and Abby Pendleton, Esq., The Ventilator, February, 2003.

"New HIPAA Privacy Guidance Reduces ASC Fears," by Andrew B. Wachler, Esq. and Abby Pendleton, 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.

"Changes in Part B Medicare appeals under BIPA," by Robert S. Iwrey, Esq., Health Care Weekly Review, March 6, 2002.

"Recent Stark II Changes Apply to Home Care Physicians," by Andrew B. Wachler, Esq., and Tracy Silverman Weissman, 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", by Andrew B. Wachler, Esq., Phyllis A. Avery, Esq. and Tracy Silverman Weissman, Esq., Laches, January 2002.

"Proactive Compliance as an Audit Defense Strategy", by Robert S. Iwrey, Esq., The Ventilator, January 2002.

"Stark II Deadline Rapidly Approaching," by Andrew B. Wachler, Esq. and Tracy Silverman Weissman, 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", by Andrew B. Wachler, Esq., and Phyllis A. Avery, Esq., Michigan Health & Hospitals, July/August 2001.

"Complex Privacy Regulations Have Far Reaching Impact," by Andrew B. Wachler, Esq., and Phyllis A. Avery, Esq., The Health Lawyer, The ABA Health Law Section, April, 2001.

"Stark II Final Rule - Phase I: A Kinder and Gentler Stark?," by Andrew B. Wachler and Phyllis A. Avery, The Health Lawyer, The ABA Health Law Section, January, 2001.

"CPT 2000: PAIN MANAGEMENT CODING COMPLIANCE," by Abby Pendleton, Esq., Anesthesia Business Consultants Communique, Winter 2000.

"OIG Softens its Overall Approach in Releasing the Final Compliance Guidance for Individual and Small Group Physician Practices," by Andrew B. Wachler, Esq., Abby Pendleton, Esq., and Robert S. Iwrey, Esq., The Health Lawyer, The ABA Health Law Section, October 2000.

"Final Rule Implements Standards for Electronic Health Care Transactions," by Andrew B. Wachler and Phyllis A. Avery, Esq., The Health Lawyer, The ABA Health Law Section, October 2000.

"OIG Issues Draft Compliance Guidance for Individual and Small Group Physician Practices," by Andrew B. Wachler, Esq., Abby Pendleton, Esq., and Robert S. Iwrey, Esq., Health Care Weekly Review, July 19, 2000.

"Developing Lab QA Program Can Prevent PT Problems," by Robert S. Iwrey, Esq., Physician Office Lab News, Vol. 9, No. 14, July 17, 2000.

"OIG Issues Draft Compliance Guidance for Individual and Small Group Physician Practices," by Andrew B. Wachler, Esq., Abby Pendleton, Esq. and Robert S. Iwrey, Esq., The Health Lawyer, The ABA Health Law Section, June, 2000.

"Hospice Providers are Well Advised to Address OIG Identified Hospice Risk Areas," by Abby Pendleton, Esq., Health Care Weekly Review, February, 2000.

"Continuing Education Is Key To Compliance," by Andrew B. Wachler, Esq., and Abby Pendleton, Esq., Anesthesia News, November, 1999.

"OIG Issues Compliance Guidances for the Hospice Industry and Medicare+Choice Organizations," by Andrew B. Wachler, Esq., Phyllis A. Avery, Esq. and Abby Pendleton, Esq., The Health Lawyer, The ABA Health Law Section, October, 1999.

"OIG Issues Special Advisory Bulletin on Gainsharing Arrangements," by Abby Pendleton, Esq., Anesthesia Business Consultants Communique. Fall 1999.

"Portfolio Acquisitions...Buyer and Seller Considerations," by Robert S. Iwrey, Esq., Monitor Leasing & Financial Services, Vol. 26, No. 4, July/August 1999.

"New Guidance in Place," by Andrew B. Wachler, Esq. and Phyllis A. Avery, Esq., Michigan Health & Hospitals, March/April 1999.

"OIG Issues Guidelines for Billing Company Compliance Programs," by Andrew B. Wachler, Esq., and Phyllis A. Avery, Esq., Healthcare Business, March, 1999.

"HCFA Issues Final Rule on Medical Direction," by Abby Pendleton, Esq., Anesthesiology News, November/December 1998.

"OIG Issues New Voluntary Disclosure Protocol," by Andrew B. Wachler, Esq., and Phyllis A. Avery, Esq.,  The Health Lawyer, The ABA Health Law Section, November, 1998.

"Stark II Proposed Regulations: Impacting group practices and physician employers," by Andrew B. Wachler, Esq., and Phyllis A. Avery, Esq., Michigan Health & Hospitals, May/June 1998.

"Corporate Compliance Programs: A Practical Approach," by Andrew B. Wachler, Esq. and Vicki Myckoviak, Esq., Michigan Home Health Association News, March/April 1998.

"Home Health Moratorium Lifted, Surety Bonds Are Now Required," by Andrew B. Wachler, Esq., and Shauna Rae Andrews, Esq., Health Care Weekly Review, February 11, 1998.

"Stark II Proposed Regulations: Rule Offers Additional Guidance While Regulators Seek More Input From Health Care Community," by Andrew B. Wachler, Esq., and Phyllis A. Avery, 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.

"ANESTHESIA TIME: COMPLIANCE TIPS," by Abby Pendleton, Esq., Anesthesia Business Consultants Communique.

"HIPAA Privacy Workbook and Toolkit," by Andrew B. Wachler, Esq. and Abby Pendleton, Esq., United Communications Group.

"HIPAA Security Workbook and Toolkit," by Andrew B. Wachler, Esq. and Abby Pendleton, Esq., United Communications Group.

"HIPAA Privacy Workbook and Toolkit," by Andrew B. Wachler, Esq. and Abby Pendleton, Esq., Federated Ambulatory Surgery Association.

"HIPAA Security Workbook and Toolkit," by Andrew B. Wachler, Esq. and Abby Pendleton, Esq., Federated Ambulatory Surgery Association.