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MichaelScott-Kristansen

Special Counsel

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 heal 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, Member
  • Monroe County Bar Association
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, 2017–2021
  • Healthcare Business Academy, Fellow, 2017
  • New York Daily Record, Up & Coming Attorneys, 2017
Knowledge

Selected Speaking Engagements

Selected Publications & Media

Featured Media

Alerts

New York State Budget Bill Expands Independence of Nurse Practitioners

Alerts

New York State's Highest Court Reaffirms Specific Causation Requirements in Toxic Tort Cases

Alerts

Housing Discrimination: Pro Se Plaintiff Robert W. Johnson Targeting Hotels, Motels in Recent Flurry of Federal Lawsuits

Alerts

New York State Supreme Court, Albany County, Judge Grants Temporary Restraining Order Prohibiting Implementation of State-Issued Appraisal Model for Solar and Wind Energy Systems

Alerts

Council on Environmental Quality Finalizes Revisions to National Environmental Policy Act Implementing Regulations

Alerts

Updates on Federal Student Loan Dischargeabilty in Bankruptcy

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