Publications, 1998 - 2010

2010

"Proposed HIPAA Regulations: What Physician Practices Need to Know" by Jessica L. Gustafson, Esq., Stephanie Ottenwess, Esq., and Abby Pendleton, Esq., Michigan Medical Law Report, Fall 2010.

"Ten Facts Physicians Should Know About ACOs" Kathryn Hickner-Cruz, Esq. and Carey F. Kalmowitz, Esq., Michigan Medical Law Report, Fall 2010.

Clinton Mikel, Esq. wrote the American Health Lawyers Association's knowledge bank tool related to proposed HITECH changes under the Office of Civil Rights Proposed Modifications to the Health Insurance Portability and Accountability Act Privacy, Security, and Enforcement Rules under the HITECH Act, August 2010.

"Focus in Self-Referral Heightened" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., Michigan Medical Law Report, Vol. 6, No. 2, p. 6, Summer 2010.

"Health Care Reform Measures, Increased Audit Scrutiny, and More Reasons Why Compliance Programs Matter" by Kathryn Hickner-Cruz, Esq. and Abby Pendleton, Esq., Michigan Medical Law Report, Vol. 6, No. 2, p. 12, Summer 2010.

"Medical Main Street Means Jobs and Millions in Investment for Oakland County, Region" by Robert S. Iwrey, Esq. and David Schreiber, Michigan Medical Law Report, Vol. 6, No. 2, p. 4, Summer 2010.

Robert S. Iwrey, Esq. was quoted in "Patient Records Legal Primer" by Shelly K. Schwartz, in Physicians Practice, June 2010.

"AHLA Deciphering Codes: Fraud & Abuse for Coders and Coding Insight for Healthcare Lawyers," a chapter in the AHLA/AAPC Coding Manual by Abby Pendleton, Esq., published in 2010.

Clinton Mikel, Esq. was quoted in “Bracing for New Compliance World of Healthcare Reform,” Compliance Week, May 2010.

"What to Do When Faced With a Staff Privilege or Licensing Matter" by Robert S. Iwrey, Esq., Health Care Weekly Review, Vol. 26, No. 11, p. 5, April 1, 2010.

"Beware: Investigations and Disciplinary Actions May Lead to Charges" by Robert S. Iwrey, Esq. Michigan Medical Law Report, Vol. 6, No. 1, p. 1, Spring 2010.

"Enforcement: Physician's Fraud Conviction Affirmed" by Robert S. Iwrey, Esq., Michigan Medical Law Report, Vol. 6, No. 1, p. 3, Spring 2010.

"Government Chooses Accreditation Servers" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., Michigan Medical Law Report, Vol. 6, No. 1, p. 13, Spring 2010.

"HIPAA Enforcement Strengthened, Penalties Increased," by Jessica L. Gustafson, Esq. and Abby Pendleton, Esq., Michigan Medical Law Report, Vol. 5, No. 4, Winter 2010.

"State Licensing Investigations: An Ounce of Prevention..." by Robert S. Iwrey, Esq., Michigan Medical Law Report, Vol. 5, No. 4, Winter 2010.

Clinton Mikel, Esq. co-authored American Health Lawyers Association Teaching Hospital Updates, 2009-2010.

2009

Clinton Mikel, Esq. was a contributing author of The World Bank’s Doing Business, 2009.

"NPDB: 'I Hope You Know That This Will Go Down On Your Permanent Record'," by Robert S. Iwrey, Esq., Michigan Medical Law Report, Vol. 5, No. 3, Fall 2009.

"New Rules on Disruptive Behavior Require a Measured Approach" by Robert S. Iwrey, Esq., Michigan Medical Law Report, Vol. 5, No. 1, Spring 2009.

"The 2009 Medicare Physician Fee Schedule: The Anti-Markup Rule and IDTF Developments Impacting Diagnostic Testing Services" by Adrienne Dresevic, Esq., The Health Lawyer, The ABA Health Law Section, Vol. 21, No. 3, February 2009.

"Risk and Compliance Practices for Nursing Facilities" by Carey F. Kalmowitz, Esq. and Walter S. Wheeler, III, Esq., Michigan Medical Law Report, Vol. 4, No. 4, Winter 2009.

2008

"Risk and Compliance Practices for Nursing Facilities" by Carey F. Kalmowitz, Esq. and Walter S. Wheeler, III, Esq., MAHSA Regulatory Update, 2008.

"The RACs Are Coming - Are You Ready?" by Jessica L. Gustafson, Esq. and Abby Pendleton, Esq., The RAP Sheet, American Health Lawyers Association, December 2008.

"Recovery Audit Contractors and Medicare Audits: Successful Strategies for Preparing for and Defending Audits" by Jessica L. Gustafson, Esq., Journal of Health Care Compliance, September/October 2008.

"New Stark Rules: Yet More Arrangements to be Restructured" by Adrienne Dresevic, Esq., Michigan Medical Law Report, Vol. 4, No. 3, Fall 2008.

"Blue Cross Recognizes the AAAHC's Early Option Survey for ASF Participation" by Carey F. Kalmowitz, Esq., Michigan Medical Law Report, Vol. 4, No. 3, Fall 2008.

"Planning for Compliance" by Abby Pendleton, Esq., Anesthesia Business Consultants Communique, Fall 2008.

"Recovery Audit Contractors and Medicare Audits: Successful Strategies for Defending Audits" by Jessica L. Gustafson, Esq., Radiology Business Journal, Vol. 3, No. 8, August 13, 2008.

"Can Medicare Take My Money? What the One-Time Notification Means" by Jessica L. Gustafson, Esq. and Abby Pendleton, Esq., Michigan Medical Law Report, Vol. 4, No. 2, Summer 2008.

"A Few Minor Billing Errors Aren't Really Going to Matter, Right? Think Again" by Robert S. Iwrey, Esq., Michigan Medical Law Report, Vol. 4, No. 2, Summer 2008.

"The Changing Landscape: Blue Cross Blue Shield's New Evidence of Need Requirements for Participating Ambulatory Surgical Facilities," by Carey F. Kalmowitz, Esq., Michigan Medical Law Report, Vol. 4, No. 2, Summer 2008.

"Legislature Institutes New Requirements for the Retention of Medical Records" co-authored by Robert S. Iwrey, Esq., Michigan Lawyers Weekly, Vol. 22, No. 18, March 17, 2008.

"Compliance Corner: OIG Workplan 2008" by Jessica L. Gustafson, Esq. and Abby Pendleton, Esq., Anesthesia Business Consultants Communique, Spring 2008.

"Medicare's Anti-Markup Rule Partially Delayed Until 2009" by Adrienne Dresevic, Esq., Michigan Medical Law Report, Vol. 4., No. 1, Spring 2008.

"OIG Work Plan 2008: What Can Providers Expect in 2008?" by Jessica L. Gustafson, Esq. and Abby Pendleton, Esq., Michigan Medical Law Report, Vol. 4, No. 1, Spring 2008.

"2008 Medicare Physician Fee Schedule: Despite Non-Finalization of Stark Proposals, Final Rule Contains Major Implications for Diagnostic Testing Arrangements" by Adrienne Dresevic, Esq., The Health Lawyer, The ABA Health Law Section, February 2008.

"Stark II Phase III: The Current Stark Reality" by Adrienne Dresevic, Esq., Oakland County Bar Association, Laches, January 2008.

"2008 Medicare Physician Fee Schedule: Final Rule Has Far Reaching Implications for Physician Practices Providing Diagnostic Testing" by Adrienne Dresevic, Esq., Michigan Medical Law Report, Vol. 3, No. 4, Winter 2008.

"Is Medicare Being Billed the Right Way? Here's How to Avoid the Risks" by Abby Pendleton, Esq., Michigan Medical Law Report, Vol. 3, No. 4, Winter 2008.

2007

"Get Ready: RACs May Be Nationwide Sooner Than Expected!" by Jessica L. Gustafson, Esq. and Abby Pendleton, Esq., HCCA Compliance Today, Vol. 9, No. 10, October 2007.

"Stark II Phase III - The Full Picture" by Adrienne Dresevic, Esq., Special Edition: The Health Lawyer, The ABA Health Law Section, September 2007.

"Final Phase of Stark Regulations Finally Here - But it May Not Really Be Over" by Adrienne Dresevic, Esq., Michigan Medical Law Report, Vol. 3, No. 3, Fall 2007.

"Get Ready for Increased Nationwide Medicare Audit Activity" by Jessica L. Gustafson, Esq. and Abby Pendleton, Esq., Michigan Medical Law Report, Vol. 3, No. 3, Fall 2007.

"A Healthcare Franchise: Add to Shopping Cart" by Adrienne Dresevic, Esq., Michigan Medical Law Report, Vol. 3, No. 2, Summer 2007.

"Stark Reality: What Every Physician Should Know!" by Adrienne Dresevic, Esq., Michigan Medical Law Report, Vol. 3, No. 2, Summer 2007.

"Cash Care and Retail Medicine Opportunities Enhance Your Practice: Legal Issues Every Doctor Should Know" by Adrienne Dresevic, Esq., Michigan Medical Law Report, Vol. 3, No. 1, Spring 2007.

"DMC/WSU Joint Residency Programs: Progress Made, But Work Remains" by Jessica L. Gustafson, Esq., Michigan Medical Law Report, Vol. 3, No. 1, Spring 2007.

"Legislature Institutes New Requirements For the Retention of Medical Records" co-authored by Robert S. Iwrey, Esq., Michigan Medical Law Report, Vol. 3, No. 2, Summer 2007.

"Laser Treatment for Dermatological Purposes: Who Can Perform These Procedures in Michigan?" by Robert S. Iwrey, Esq., Michigan Medical Law Report, Vol. 2, No. 4, Winter 2007.

"The Medicare Appeals Process and Strategies for Successful Appeals" by Jessica L. Gustafson, Esq., American Health Lawyers Association, Physician Organizations, Vol. 10, Issue 1, Winter 2007.

"Legal Issues Impacting Physician Recruitment Relationships" by Jessica L. Gustafson, Esq. and Abby Pendleton, Esq., Michigan Medical Law Report, Vol. 2, No. 4, Winter 2007.

2006

"What All physicians Need to Know About the Proposed Changes to the Medicare Physician Fee Schedule" by Jessica L. Gustafson, Esq. and Abby Pendleton, Esq., Michigan Medical Law Report, Vol. 2, No. 3, Fall 2006.

"Michigan Supreme Court Empowers Physicians to Challenge Private Hospital Staffing Decisions" by Robert S. Iwrey, Esq., Michigan Medical Law Report, Vol. 2, No. 3, Fall 2006.

"Prescribing Controlled Substances: What Every Physician Should Know" by Robert S. Iwrey, Esq. and Abby Pendleton, Esq., Michigan Medical Law Report, Vol. 2, No. 2, Summer 2006.

"Legal Issues Impacting Physician Practices: Providing Physical Therapy Services" by Adrienne Dresevic, Esq. and Jessica L. Gustafson, Esq., Michigan Medical Law Report, Vol. 2, No. 2, Summer 2006.

"Physician-Ownership in Ambulatory Surgery Centers" by Adrienne Dresevic, Esq., Michigan Medical Law Report, Vol. 2., No. 2, Summer 2006.

"The New Medicare Part A and Part B Appeals Process" by Abby Pendleton, Esq., Health Law Handbook 2006, Part I, Chapter I, 2006.

"Starting a Physician Practice in Michigan" by Jessica L. Gustafson, Esq. and Robert S. Iwrey, Esq., Michigan Medical Law Report, Vol. 2, No. 1, Spring 2006.

"Physician Compensation: What's Legal?" by Adrienne Dresevic, Esq., Michigan Medical Law Report, Vol. 2, No. 1, Spring 2006.

"The Michigan Social Security Number Privacy Act, New Whistleblower Provisions of the Michigan Medicaid False Claims Act and More" by Abby Pendleton, Esq., Michigan Medical Law Report, Vol. 2, No. 1, Spring 2006.

2005

"Stark and Anti-Kickback Protection for E-Prescribing and Electronic Health Records" by Adrienne Dresevic, Esq., The Health Lawyer, The ABA Health Law Section, Vol. 18, No. 2, December 2005.

"Billing: Three Key Compliance Tips That Every Physician Should Implement" by Abby Pendleton, Esq., Michigan Medical Law Report, Vol. 1, No. 4, pg. 5 & 10, Winter 2005.

"Compliance Auditing: Three Key Issues That Every Physician Should Consider" by Abby Pendleton, Esq., Michigan Medical Law Report, Vol. 1, No. 3, Fall 2005.

"Does Your Practice Qualify as a Group Practice Under Stark?" by Adrienne Dresevic, Esq., Michigan Medical Law Report, Vol. 1, No. 3, Fall 2005.

“Michigan's Court of Appeals Empowers Physicians to Challenge Private Hospital Staffing Decisions” by Robert S. Iwrey, Esq., Triad, Summer/Fall 2005.

"The New Medicare Appeals Process" by Abby Pendleton, Esq., The Health Lawyer, The ABA Health Law Section, Vol. 17, No. 3, June 2005.

"State of Michigan Healthcare License Investigations and the Practical Effect of Licensing Sanctions" by Robert S. Iwrey, Esq., Michigan Medical Law Report, Vol. 1, No. 1, Spring 2005.

2004

"Third-Party Payor Audits: The Impact on Anesthesia Groups" by Abby Pendleton, Esq., Anesthesia Business Consultants Communique, Fall 2004.

"STARK II PHASE II is Here - Have you Analyzed Your Healthcare Clients' Financial Relationships?" by Adrienne Dresevic, Esq., Laches, July 2004.

"Third-Party Payor Audits: Impact on Physician and Healthcare Provider Clients" by Abby Pendleton, Esq., Laches, July 2004.

"State of Michigan Healthcare License Investigations and the Practical Effect of Licensing Sanctions" by Robert S. Iwrey, Esq., Laches, July 2004.

"The Phase II Final Stark Regulations Are Here - Are You Ready?" by Adrienne Dresevic, Esq., Pulse, July 16, 2004.

"Stark II - Phase II - The Final Voyage" by Adrienne Dresevic, Esq., Special Edition: The Health Lawyer, The ABA Health Law Section, April 2004.

"The Phase II Final Stark Regulations Are Here - Are You Ready?" by Adrienne Dresevic, Esq., Detroit Medical News, April 12, 2004.

"Medicare Appeal and Recovery Reforms under the Medicare Prescription Drug, Improvement and Modernization Act of 2003" by Abby Pendleton, Esq., The Health Lawyer, The ABA Health Law Section, March 2004.

2003

"Have You Engaged in Compliance Activities Lately?" by Robert S. Iwrey, Esq. and Abby Pendleton, Esq., The Ventilator, December 2003.

"HIPAA Privacy and Security Enforcement & Risk Reduction" by Robert S. Iwrey, Esq., The Ventilator, November 2003.

"9 Ways to Help Avoid Serious Trouble" by Robert S. Iwrey, Esq., Physician Office Lab News, Vol. 12, No. 16, August 11, 2003.

"Final HIPAA Security Rule Allows Greater Flexibility" by Abby Pendleton, Esq., The Health Lawyer, The ABA Health Law Section, April 2003.

"Compliance Issues for the Pain Side of the Practice: Billing 'Incident to' Services to Medicare" by Robert S. Iwrey, Esq., The Ventilator, February 2003.

"New HIPAA Privacy Guidance Reduces ASC Fears" by Abby Pendleton, Esq., FASA Update: Journal of the Federated Ambulatory Surgery Association, Vol. XX, No. 1, January/February 2003.

2002

"Changes in Part B Medicare Appeals Under BIPA" by Robert S. Iwrey, Esq., Health Care Weekly Review, March 6, 2002.

"Proactive Compliance as an Audit Defense Strategy” by Robert S. Iwrey, Esq. and Abby Pendleton, Esq., The Ventilator, January 2002.

2000

"Cpt 2000: Pain Management Coding Compliance" by Abby Pendleton, Esq., Anesthesia Business Consultants Communique, Winter 2000.

"OIG Softens its Overall Approach in Releasing the Final Compliance Guidance for Individual and Small Group Physician Practices" by Robert S. Iwrey, Esq. and Abby Pendleton, Esq., The Health Lawyer, The ABA Health Law Section, October 2000.

"OIG Issues Draft Compliance Guidance for Individual and Small Group Physician Practices" by Robert S. Iwrey, Esq. and Abby Pendleton, Esq.,  Health Care Weekly Review, July 19, 2000.

"Developing Lab QA Program Can Prevent PT Problems" by Robert S. Iwrey, Esq., Physician Office Lab News, Vol. 9, No. 14, July 17, 2000.

"OIG Issues Draft Compliance Guidance for Individual and Small Group Physician Practices" by Robert S. Iwrey, Esq. and Abby Pendleton, Esq., The Health Lawyer, The ABA Health Law Section, June 2000.

"Hospice Providers are Well Advised to Address OIG Identified Hospice Risk Areas" by Abby Pendleton, Esq., Health Care Weekly Review, February 2000.

1999

"Continuing Education is Key to Compliance" by Abby Pendleton, Esq., Anesthesia News, November 1999.

"OIG Issues Compliance Guidance for the Hospice Industry and Medicare + Choice Organizations" by Abby Pendleton, Esq., The Health Lawyer, The ABA Health Law Section, October 1999.

"OIG Issues Special Advisory Bulletin on Gainsharing Arrangements" by Abby Pendleton, Esq., Anesthesia Business Consultants Communique, Fall 1999.

"Portfolio Acquisitions...Buyer and Seller Considerations" by Robert S. Iwrey, Esq., Monitor Leasing & Financial Services, Vol. 26, No. 4, July/August, 1999.

1998

"HCFA Issues Final Rule on Medical Direction" by Abby Pendleton, Esq., Anesthesiology News, November/December 1998.

"HIPAA Security Workbook and Toolkit" by Abby Pendleton, Esq., Federated Ambulatory Surgery Association.

"Anesthesia Time: Compliance Tips" by Abby Pendleton, Esq., Anesthesia Business Consultants Communique.

"HIPAA Security Workbook and Toolkit" by Abby Pendleton, Esq., United Communications Group.