The Health Law Offices of Anthony C. Vitale, P.A. is pleased to announce that we have moved to 8100 Oak Lane, Suite 403, Miami Lakes, Fl 33016. If you have any questions, please call or email us at info@vitalehealthlaw.com
A Reliable Team of Health Care Attorneys and Professionals
The Health Law Offices of Anthony C. Vitale has been assisting clients navigate the highly complex and ever-changing legal landscape for more than 30 years. Our team of highly skilled attorneys and professionals are well versed in all aspects of healthcare law – from Medicare fraud and Medicaid fraud defense, overpayment defense to enrollment and all other aspects of defense and compliance.
The Health Law Offices of Anthony C. Vitale can help you to develop effective strategies to identify and correct non-compliance before it affects your business model.
Our attorneys and professionals draw on their years of experience to help clients manage risk and achieve their desired results. We have long-standing working relationships with federal and state regulatory agencies, allowing us to take a collaborative and strategic approach to resolving your case.
Our proactive approach is designed to mitigate the risk of a federal or state criminal, civil, administrative or professional licensure investigation. Should you or your company become the target of an investigation we can help reduce your exposure and in many instances resolve the issues surrounding the investigation before a case is filed.
LEGAL SERVICES
Our Team
Anthony C. Vitale
Phone: (305) 358-4500
Email: info@vitalehealthlaw.com
Google Profile
President
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
Anthony C. Vitale
President
Louis V. Martinez
Louis V. Martinez brings more than 27 years of experience representing clients, including medical professionals and health care providers who have become the target of federal and state administrative. licensure and criminal investigations.
He represents small to mid-sized companies (physicians, medical professionals) in licensing matters, as well as in financial and provider disputes versus State of Florida and Florida Department of Public Health. Represent clients in various legal matters, including Federal or State administrative and criminal investigations (health care fraud, mortgage fraud, construction fraud, money laundering, as well as high-profile criminal defense).
Prior to establishing his own firm in 2007, Martinez served as Deputy Chief Assistant Attorney General for the Medicaid Fraud Unit in Florida. He also was appointed by U.S. Attorney Marco Jimenez and Alex Acosta as a Special Assistant United States Attorney for the Southern District of Florida. Martinez managed and oversaw a team of more than 50 attorneys, investigators and support staff in Palm Beach, Broward, and Miami-Dade counties. Martinez has successfully led jury trials in state and federal court, resulting in the dismissal of cases. He also has negotiated complex plea agreements that have led to a reduction of charges on behalf of his clients.
He has briefed and argued motions involving the constitutionality of Florida’s Medicaid Fraud Statute and has prosecuted defendants who have been charged with violating Medicaid and Medicaid fraud statutes in state and federal courts.
Martinez is a member of the Bar, State of Florida, 11th Circuit Court of Appeals, Northern Federal District Court of Florida, Middle District of Florida, and Southern Federal District Court of Florida. He is AV rated by Martindale Hubbell.
Martinez earned his J.D. from DePaul University in Chicago, and his B.A. in Political Science from Loyola University in Chicago.
Louis V. Martinez
Attorney
Christopher A. Parrella
Director of the of 3rd Party Payer Reimbursement, Coding and Documentation Division
Phone: (305) 358-4500
Email: info@vitalehealthlaw.com
Christopher is a nationally recognized expert in healthcare reimbursement, audits, payment suspensions, compliance, coding, documentation, overpayments, and Medicare/Medicaid policy.
A much sought-after speaker, Christopher has written numerous articles on matters relating to billing and coding, corporate integrity agreements, the False Claims Act, managed care contracting, and navigating healthcare fraud investigations.
He currently serves on the following organizations:
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Legal Advisory Board of the American Academy of Professional Coders.
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Physician Services, Auditing and Compliance Committee of the American Academy of Professional Coders.
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Editorial Advisory Board of Family Practice Coding Advisor.
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Ethics Committee of the American Academy of Professional Coders.
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He participated in developing the national certification examinations for the American Society of Health Informatics Managers (AHIM) and the AAPC's Certified Professional Compliance Officer designation.
Christopher is a Certified Professional Coder (CPC). CPCs are recognized as the "Gold Standard" for medical billing and coding.
He is a Certified Professional Compliance Officer designated by the AAPC.
Christopher also holds a certification in Healthcare Compliance by the Health Care Compliance Association of America (HCCA).
Christopher works extensively with clients to develop business strategies that address the complexities of the current healthcare environment. He assists in developing compliance policies in accordance with various state/federal settlements following government investigations.
He has worked with our clients on some of today's most pressing healthcare concerns relating to billing and coding, healthcare audits, payment disputes, HIPAA, facility license disputes, corporate integrity agreements, and fraud and abuse.
Christopher A. Parrella
Director, 3rd-Party Payor Reimbursement, Coding and Documentation
Certified in Healthcare Compliance
Certified Professional Compliance Officer
Certified Professional Coder
Reimbursement Expert
(Non Lawyer)
Peter Suarez
Paralegal / Office Administrator/Legal Assistant
Florida Registered Paralegal
Direct line: (786) 228-3994
Email: info@vitalehealthlaw.com
Peter Suarez has spent the last 36 years working as a paralegal and office administrator for the Health Law Offices of Anthony C. Vitale. In his role, Peter has worked side-by-side with the firm’s president and attorneys conducting legal research, preparing and filing motions, scheduling depositions, meeting and interviewing clients and coordinating hearings.
Peter also is responsible for overseeing the firm’s day-to-day operations and activities including financial planning, budgeting, marketing, and hiring. He also handles the firm’s relationships with outside vendors.
While working at the firm, Peter became a Florida Registered Paralegal, earned his AA in Pre-Law at Miami Dade College and a BA in Business Administration with a double degree in Management and International Business from Florida International University.
He is a member of several organizations including the National Society of Leadership and Success (NSLS), National Organization of Legal Assistants – The Paralegal Association, South Florida Paralegal Association and Dade County Bar Association.
Peteris experienced withMS Word, Power Point, Excel, Outlook, Timeslips, Bill4Time, West Law research, Lexis Nexus research, Quick Books andfluent in English and Spanish. He is married to Suzette Marie Suarez and is the father of three girls.
Peter Suarez
Senior Paralegal
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HEALTHCARE LAW BLOG
Rule Temporarily Extends Flexibilities in Prescribing Controlled Substances Via Telemedicine Created During Public Health Emergency
By The Health Law Offices of Anthony C. Vitale |
FIRM NEWS
Be Aware of PBA Amendments and Fourth DCA Decision
By The Health Law Offices of Anthony C. Vitale |
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