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MichaelScott-Kristansen

He | Him | His

Special Counsel

"I believe that open dialogue and a mutual willingness to learn are at the heart of every successful attorney-client relationship."

Overview

Biography

Michael focuses his practice on representing health care and human services providers in a wide range of litigation and compliance matters. 

He regularly advises clients on matters involving audits and investigations, reimbursement and billing, conditions of participation, regulatory compliance and enforcement, HIPAA compliance and breach investigations, insurance and payor disputes, licensing and professional discipline, and debt collection.

Michael prosecutes and defends lawsuits on behalf of health care and human services providers and administrative hearings involving the Centers for Medicare & Medicaid Services, the Department of Health, the Office of the Medicaid Inspector General, the Office of Professional Medical Conduct, the Office of Professional Discipline, and other administrative bodies concerning reimbursement, overpayments, compliance, conditions of participation, and licensing matters.

Bar Associations

  • New York State Bar Association, Health Law Section, Long-Term Care Committee and Litigation Committee, Member
Experience

Representative Experience

  • Led the defense of multiple year-long investigations by the Office of the New York State Attorney General into various nursing homes' responses to the COVID-19 pandemic.
  • Successfully negotiated six-figure settlements with managed care plans on behalf of long-term care and adult care facilities for wrongfully denied claims and delayed payments. 
  • Obtained a 95 percent reduction in the recoupment and penalty for a medical billing service targeted by the Medicaid Fraud Control Unit for allegations of fraudulent billing.
  • Successfully prosecuted administrative appeals in cases of first impression concerning Medicaid documentation requirements for long-term care providers, which served as the basis for overturning over two dozen OMIG final audit reports.

Prior Experience

  • Pullano & Farrow PLLC, Associate
  • Hurwitz & Fine, PC, Associate

Selected Community Activities

  • Mary M. Gooley Hemophilia Center, Board of Directors, Chairperson

Selected Honors

  • Selected to Super Lawyers Upstate New York Rising Stars: Health Care, 2017–2023
  • Healthcare Business Academy, Fellow, 2017
  • New York Daily Record, Up & Coming Attorneys, 2017
Knowledge

Selected Speaking Engagements

Selected Media

Selected Alerts & Blog Posts

Featured Media

Alerts

NYS Department of Health Publishes Amended Proposed Cybersecurity Regulations for Hospitals

Alerts

FTC Noncompete Rule Survives—For Now

Alerts

New York Trial Court Finds Uber Is Not Vicariously Liable for Driver's Negligence

Alerts

ERISA Forfeiture Lawsuits: Navigating the Emerging Legal Landscape

Alerts

EU Leads the Way on Artificial Intelligence Regulation

Alerts

End of An Era: SCOTUS Overturns Chevron After 40 Years of Deference to Administrative Agencies

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