John Martin

1 month ago | garfunkelwild.com | John Martin |David M. Traskey

The overwhelming majority of criminal defendants in the United States routinely forgo their right to a speedy and public trial by a jury of their peers in favor of entering a guilty plea. Why? Criminal defendants, including health care providers, who face federal charges potentially are very likely to face higher penalties if they go to trial and are convicted (known as the “trial penalty”).

Jun 10, 2024 | garfunkelwild.com | John Martin |Marc A. Sittenreich

On June 4, 2024, the New York State Supreme Court, Orleans County held that courts cannot appoint independent health care and financial monitors to make binding “recommendations” – the centerpiece of the New York State Attorney General’s (AG) campaign against for-profit nursing homes – as that is not one of the remedies available under New York Executive Law § 63(12).

Nov 21, 2023 | garfunkelwild.com | John Martin |Colleen R. Pierson

During the past year, the New York Attorney General (AG) has brought five cases against nursing homes alleging poor care and seeking, among other things, tens of millions of dollars in restitution for what the AG alleges is Medicaid and Medicare Fraud.