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Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

Faced Potential Charges

Ghislaine Maxwell Juror

Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

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Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more.

Regardless of the type of situation you're facing, our attorneys are here to help you get quality representation.

We can setup consultations in person, over Zoom, or over the phone to help you. Bottom line, we're here to help you win your case.

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Meet Todd Spodek

WE PROVIDE WHITE GLOVE SERVICE TO CLIENTS
WHO WANT MORE FROM THEIR ATTORNEY

The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

Why Clients Choose Spodek Law Group

The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.

New York Medicaid Exclusion Attorney

New York Medicaid Exclusion Attorney

Our New York Medicaid and Medicare exclusion attorneys represent healthcare providers that have been excluded from participation in state and federal program such as Medicaid and Medicare as the result of criminal conviction, a disciplinary action, or an audit.
Although a person is innocent until proven guilty, unfortunately some agencies such as the Office of Medicaid Inspector General (OMIG) and the Department of Health take a different view. These agencies are empowered to safeguard the Medicaid program from potential fraud and abuse and they often take summary actions against providers if they believe that the provider’s further participation in the program is “unsafe”.
If you are a healthcare medicaid provider and are charged with a crime that relates to the practice of medicine or another healthcare area, the Office of Medicaid Inspector General Medicaid will automatically suspend you from participating in the Medicaid program. This means that you will not be permitted to provide any services for which Medicaid is billed, which effectively eliminates most potential employments. It doesn’t even matter to them that you have not pleaded guilty and have not been found guilty and that you are presumed innocent until proven guilty. The regulations give the OMIG clear authority to exclude you just based on the fact of arrest.

What are the grounds for Medicaid Exclusion in New York

In New York, the there are a number of grounds a healthcare provider may be excluded from the Medicaid program. Combined, they are called “unacceptable practices”, which includes just about any conduct the OMIG or the Department of Social Services consider “unacceptable”
There are the common examples of unacceptable practices, which can result in Medicaid exclusion:

  • Making fraudulent claims for services never provided or overbilling
  • Ordering providing services that are not medically necessary or otherwise improper.
  • Practicing a profession fraudulently
  • Practicing beyond the scope of profession
  • Practicing with license suspended or revoked
  • Making claims for services provided by unauthorized personnel (including unlicensed individuals or those excluded from Medicaid)
  • Failing to maintain or disclose record during an audit
  • Kickback violations
  • Being arrested or convicted for certain crimes

Medicaid Exclusion Process in New York

If the government believes that a provider has been involved in unacceptable practices, it may sanction the provider in several different ways. The provider will typically receive a letter (Notice of Proposed Action) from the Department of Health informing the provider that the they are about to sanctioned for the particular conduct and that the agency proposed an administrative action. The possible sanctions include exclusion or censure. The provider has 30 days from the date of the Notice to submit any documentation or written arguments against the proposed agency action.

Who Can be Sanctioned

A common misconception is that only healthcare providers directly involved with the case can be sanctioned. That is not true. Any affiliate of the provider may be subject to Medicaid exclusion by affiliation of the government believes that the facts and circumstances of the case support this. Here are some common examples of affiliated persons that can be sanctioned:

  • Business partners or those with an ownership or controlling interest in a provider;
  • Employees and managers of the provider;
  • Provider’s subcontractors who earned more than $25,000 a year from dealing with the provider.

What happens once the provider is suspended

If a person is notified that he has engaged in unacceptable practices, Medicaid will withhold all payments to that person both for the present claims and the claims, which have been subsequently received. All payments will usually be suspended pending a resolution of the charges.
You have the right to an administrative hearing to determine if you engaged in the unacceptable practice and you must request the hearing within 60 days of the date of the notice.
If it is determined that you have been engaged in unacceptable practices, the Department of Health may do one of the following:

  • Exclude you from being a Medicaid provider
  • Freeze and withhold all payments
  • Censure you
  • Demand restitution payments for the funds it believes you were not entitled to receive.

Notice of Immediate Sanction

Although in most cases the provider is given time to address the notice of proposed action as explained above, in some cases the DOH can issue a notice of immediate sanction on 5 days notice. This can happen in the following cases:

  • The provider has been suspended from Medicare
  • The provider has been convicted of any Medicaid or Medicare fraud crime
  • The provider has been charged with a healthcare felony crime;
  • The provider has been found guilty of professional misconduct by a licensing agency and the misconduct is something that would constitute an unacceptable practice under the Medicaid regulations.
  • The DOH believes that the person’s further participation in the Medicaid Program will endanger the public.

In the provider has been sanctioned in this manner, there is no right to an administrative hearing but he would have to respond within 30 days of the date of the notice of immediate sanction with any materials and arguments challenging the action. The appropriate grounds for such an argument would be that the action is based on mistake of fact or is otherwise inappropriate.
Any provider convicted of a felony offense that occurred after January 1, 1997, related to health care fraud is subject to automatic exclusion from Medicare or Medicaid for at least five years. The law provides for a minimum of three-years’ exclusion in cases that involve convictions of Medicare or Medicaid fraud.
Certain government agencies on state and federal level have essentially discretionary powers to exclude any provider whose participation in the government-funded program would in their opinion endanger the program.

Reinstatement to the Medicaid program

A provider who has been sanctioned may request reinstatement to the Medicaid program or removal of any condition or limitation on participation in Medicaid. When you can make this reinstatement application depends on several factors. Essentially, the reinstatement process is similar to the original enrolment application process but the sanctioned provider has a duty to demonstrate that the violations that led to sanction will not be repeated.

How to find best attorneys for NY OMIG and Medicaid Exclusion cases

A criminal conviction or a disciplinary action may adversely affect a physicians panel membership or hospital privileges. Entities such as insurance companies, hospitals, and HMOs have implemented procedures to determine their member’s fitness and have their own standards for accepting and dismissing physicians.
Different situations require various approaches. In cases involving audits experienced OMIG attorneys can prevent agency actions by timely designing OMIG compliance programs or working out settlement deals that do not involve extreme actions. In cases involving professional discipline in which providers are excluded from the program, an appeal could be taken to reverse the decision.

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Testimonials

I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

Spodek Law Group

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We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Regardless Of Where Your Case Is, Nationwide, We Can Help You.
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