Attorney

Antony C. Vitale, P.A.

Anthony C. Vitale

President
Phone: (305) 358-4500
Email: psuarez@vitalehealthlaw.com
Google Profile

The Health Law Offices of Anthony C. Vitale, P.A.

Anthony C. Vitale is the president of the law firm bearing his name. The firm was established in 1982 and is recognized as a leader in healthcare law and consultation. The firm is located in Miami, Florida. The firm concentrates on Medicare defense litigation, criminal, civil, regulatory, Qui Tam/Whistleblower, administrative and licensure representation of healthcare providers, including physicians, other licensees, pharmacies, clinics, home health agencies, laboratories, durable medical equipment suppliers, CORF, CMHC/PHP, billing agents, wholesalers and other healthcare providers and suppliers.

Mr. Vitale has represented clients under investigation by the Department of Justice, FBI, Office of the Inspector General (DHHS), DEA, Office of the Attorney General Statewide Prosecutor and Medicaid Fraud Control Unit, Florida Department of Insurance Division of Insurance Fraud and other investigatory bodies.

The firms representation also includes defense services to clients facing allegations of fraud and abuse, compliance counseling and the defense of civil, administrative, regulatory and criminal healthcare fraud, including internal/defense investigations; False Claims Act litigation; settlement negotiations; withholding of Medicaid/Medicare payments; Overpayments; exclusion from participation in Medicare/Medicaid programs; licensure and certification; DEA registration, anti-kickback violations; medical necessity issues; Qui Tam investigations (whistleblower), prosecutions and defense; health care contracts, and physician self-referral (Stark).

PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS

GERSTEIN, VITALE & STECKEL

(1981 – 1985)
A law firm with emphasis on criminal defense, post conviction relief and appeals.

ASSISTANT STATE ATTORNEY
OFFICE OF THE STATE ATTORNEY,

Miami-Dade County, Florida
(1978 – 1981)
Formerly, Chief Prosecutor with the Office of the State Attorney, Miami-Dade County.

(1981 – 1982)
Appointed by State Attorney Janet Reno
Special Prosecutor,
Office of the State Attorney,
Miami-Dade County, Florida

EDUCATION

Legal
The Center for the Study of Law
Nova University

Fort Lauderdale, Florida
J.D. 1977
Founding Editor of Law School Newspaper “The Perspective”

Undergraduate
Pace University
New York, New York

Bachelor of Business Administration,
1974, Cum Laude

Highest Peer Rating
For professional ability and ethical standards by Martindale-Hubbell

BAR ADMISSIONS/LICENSURE

  • The Florida Bar, 1978
  • United States Supreme Court
  • United States District Court for the Southern District of Florida
  • United States District Court for the Middle District of Florida
  • United States Court of Appeals for the Fifth Circuit
  • United States Court of Appeals for the Sixth Circuit
  • United States Court of Appeals for the Eleventh Circuit
  • United States District Court for the Western District of Michigan

TEACHING POSITIONS

Former Adjunct Professor, St. Thomas University, Miami, Florida, Master’s Program Health Care Law.

PROFESSIONAL ACTIVITIES AND ASSOCIATIONS

  • Member the Florida Bar
  • Member the American Bar Association (ABA)
  • ABA Subcommittee for Medicare and Medicaid Fraud and Abuse
  • ABA Health Law Section
  • ABA White Collar Crime Committee
  • Member Florida Academy of Health Care attorneys
  • Member Agency for Health Care Administration Workgroup on Fraud and Abuse Member American Health Lawyers Association
  • Member National Health Lawyers Association
  • Member the American Compliance Institute
  • Member National Association of Criminal Defense Lawyers
  • Member Florida Academy of Healthcare Attorneys
  • Member Florida Association of Criminal Defense Lawyers

NOTABLE CASES – FLORIDA STATUTES DECLARED UNCONSTITUTIONAL STATE V. GABRIEL HARDEN

Florida Statute 409.920, Medicaid Provider Fraud Statute declared unconstitutional: State of Florida v. Gabriel Harden, et al., Case No. F00-38785 (11th Jud. Cir. February 5, 2003) and State of Florida v. Gabriel Harden, Case No. 3D03-521 (Fla. 3rd DCA Jan. 28, 2004), 2004 Fla. App. LEXIS 623, 29 Fla. L. Weekly D 593. Argued by Anthony C. Vitale and Richard Strafer on January 28, 2003.

On May 18, 2006, the Supreme Court of Florida affirmed the Third District Court of Appeal decision in State v. Harden, 873 So. 2d 352 (Fla. 3d DCA 2004) declaring unconstitutional the Anti-kickback section of the Florida Medicaid Provider Fraud Statute, 409.920(e). The Supreme Court affirmed the dismissal of all charges against all defendants in the case of State of Florida vs. Gabriel R. Harden, (Case No. S00-38785) as well as 3 dentists -Edward Polsky, D.D.S., Maria Rodriguez, D.D.S., Elsa Cottoreal, D.D.S., and others.

On April 23rd 2007, the United States Supreme Court denied certiorari and the decision of the Florida Supreme Court became final.

NOTABLE CASES STATE V. GUZMAN

Florida Statute 817.505, Patient brokering statute declared unconstitutional: State of Florida vs. Sonia Bonilla Guzman, DDS, Ana Maria Bonilla Mendez, DDS, and John Anthony Rubio, Case No. 48-2003-CF-13501-0 (911 Jud. Cir. February 1, 2005)

Florida Statute 409.920, Medicaid Provider Fraud Statute declared unconstitutional: State of Florida v. Gabriel Harden, et al., Case No. F00-38785 (11 1h Jud. Cir. February 5, 2003) and State of Florida v. Gabriel Harden, Case No. 3D03-521 (Fla. 3 DCA Jan. 28, 2004), 2004 Fla. App. LEXIS 623, 29 Fla. L. Weekly D 593

PUBLICATIONS

  • Author – Anthony C. Vitale, the Florida Healthcare Law Compendium
  • Author – Anthony C. Vitale, the Florida Medical Center Legal Compliance Guide
  • Author – Anthony C. Vitale, Compliance Guide – Non Physician Owned Medical Clinics
  • Author – Anthony C. Vitale, State Enforcement and Medicaid Fraud, American Bar Association, continuing Legal Education Course Materials, Healthcare Fraud – 2001
  • Author – Anthony C. Vitale, Insurers Begin Denying Claims for Non-Registered Clinics, Florida Medical Business Journal,
    February, 2002
  • Author – Anthony C. Vitale, New Board Rule Prohibits Docs From Practicing at Non-Physician Owned Clinics, Florida Medical Business Journal, April 6, 2001
  • Co-Author with William Gompers, Florida Toughens, Broadens Law on Medicaid Fraud and Abuse. Medical Business South Florida Edition
  • Author – Anthony C. Vitale, P.A. Provider Alerts published monthly and provided to the healthcare community. Provider Alerts identify current trends in healthcare, as well as changes in laws, rules and codes

Representative titles include:
  • Providers Question Fairness of Medicare Hearing System, June, 1997
  • Medicaid Targets Pediatric Providers for Overpayments, January, 1998
  • False Homebound Certification by Physicians Invoke Civil Money Penalty, April, 1997
  • Feds Investigating Billing Agent Contractors, August, 1997
  • Home Health Compliance Review Essential in Preparing for a Joint Task Force Audit, May, 1997
  • Federal and State Investigators Target Medical labs, August, 1997
  • Leased Employees May Now Perform Incident-To Services,
    February, 1997
  • Payments to DME’s from Pharmacies under Marketing Arrangements Can Violate Anti-kickback Statutes, January, 1997
  • New Medicaid Statute Bans All Patient Brokering, August, 1996
  • Board of Medicine Declares Mere Allegation of Fraud as Basis for Emergency Suspension of Physician’s License, January, 1996
  • Physician Assistant False Claims Advisory, August, 1995
  • Anthony C. Vitale is widely quoted on health law matters in leading publications including the Wall Street Journal, Miami Herald, Tampa Tribune, Florida Daily Business Review, St. Petersburg Times, and U.S. News and World Report