Picture of Carey F. Kalmowitz Esq.

Carey F. Kalmowitz, Esq.

Founding Partner

CAREY F. KALMOWITZ is a founding shareholder of The Health Law Partners, P.C. Mr. Kalmowitz graduated from New York University Law School in 1994 and from Vassar College in 1989.

Mr. Kalmowitz is admitted to both the Michigan and New York Bar. He practices in all areas of healthcare law, with specific concentration on the corporate and financial aspects of healthcare, including structuring revenue-enhancing transactions among physicians and other healthcare providers, certificate of need, compliance investigations, corporate fraud and abuse/Stark and third party payment and reimbursement. In addition, Mr. Kalmowitz also practices in the following areas of health care law:

  • Counsels physicians and physician groups on integration strategies, ancillary services, employment agreements, recruitment agreements, shareholder agreements, buy ins, buy outs, compliance, third party payor audits, and negotiating joint venture and hospital relationships.
  • Advises healthcare providers regarding compliance matters including the Stark Law, Anti-kickback Statute and reimbursement regulations.
  • Served as general counsel of major regional healthcare system, and has significant experience with the full spectrum of hospitals' legal issues.
  • Assisted a variety of providers with certificate of need projects, including two replacement hospitals and numerous CT, MRI and ASC transactions.
  • Advises long-term care facilities on compliance and business issues.
  • Represents a variety of health care providers, including physicians, ambulatory surgery centers, long-term care facilities and durable medical equipment suppliers with a broad range of health care transactional issues.

Mr. Kalmowitz is a member of the State Bar of Michigan, the Michigan Society of Hospital Attorneys, the New York Health Law Section, the American Health Lawyer's Association, and the American Bar Association.

Mr. Kalmowitz has written extensively on subjects across the spectrum of health care law, including, co-authoring a monthly column in the Association for Medical Imaging Management's (AHRA) publication, Link, regarding up-to-date legal issues relevant to imaging providers and suppliers.

Education
  • J.D., New York University School of Law, New York, New York, 1994
  • B.A. , Vassar College, Poughkeepsie, New York, 1989
    • Major: Political Science
Jurisdictions Admitted to Practice
  • Michigan
  • New York
Professional Associations
  • American Health Lawyers Association
  • American Bar Association
    • Health Law Section
  • New York State Bar Association
    • Health Law Section
  • State Bar of Michigan
Honors & Awards
  • Carey F. Kalmowitz, Esq. was selected as a dbusiness Magazine Top Lawyer in Health Care Law 2011.
  • Carey F. Kalmowitz, Esq. was selected as an Outstanding Young Health Care Lawyer, Nightingale's Health Care News, 2005.
Published Works
  • "CMS Issues New Rule to Strengthen the Ability to Stop Fraud" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, October 7, 2019.
  • "Appropriate Use Criteria Proposals in the 2017 MPFS" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, July 15, 2016.
  • Adrienne Dresevic, Esq., Carey F. Kalmowitz, Esq., and Clinton Mikel, Esq. were quoted in The Ambulatory M & A Advisor article "Regulations for Healthcare in 2016 and Beyond" by Richard Romero, June 1, 2016.
  • "What is Renumeration? Consider Ameritox, Ltd.v. Millennium Laboratories, Inc" by Adrienne Dresevic, Esq., Carey F. Kalmowitz, Esq., Leslie Rojas, Esq., ABA Health eSource, Vol.11, No.9.
  • Carey F. Kalmowitz, Esq. was quoted in The Ambulatory M&A Advisor titled, "Risk Is No Game In The Urgent Care Market", March 11, 2015.
  • "Providing Free Items/Services To Referring Physicians" by Adrienne Dresevic, Esq., Carey F. Kalmowitz, Esq. and Leslie Rojas, Esq., AHRA Link, February 2015.
  • "EHR Stark Law Exception Extended" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, January 2014.
  • Carey F. Kalmowitz, Esq. was quoted in "What's Trending in Medicine in 2014", MD News, p. 12, January 2014 edition.
  • Adrienne Dresevic, Esq., Jessica L. Gustafson, Esq., Robert S. Iwrey, Esq., Carey F. Kalmowitz, Esq., and Abby Pendleton, Esq. were named Attorneys of The Month by Attorney At Law Magazine and were featured on the front page and on page 16 in "Healthy Growth: The Health Law Partners Has Rapidly Become One Of The Industry's Premier Health Care Law Firms" by Katherine Bishop, Attorney At Law Magazine, Metro Detroit Edition, Vol. 2, No. 6, October 2013.
  • "CMS Issues Guidance In Case Of EHR Incentive Audit" by Adrienne Dresevic, Esq., Carey F. Kalmowitz, Esq., and Phil Toutant, Esq., AHRA Link, May 2013.
  • "ICD-10: CMS Updates Implementation Tools" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, April 2013.
  • "Hospital Employment of Oncologists" by Carey F. Kalmowitz, Esq. and Ron Lebow, Esq., Oncology Practice Management, February 2013.
  • "OIG Advisory Opinion Provides Guidance on EHR Connectivity Arrangements" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, January 2013.
  • "Medicare Releases the Final 2013 Physician Fee Schedule" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, December 2012.
  • "Heightened Scrutiny of Self-Referring Physician Imaging Practices" by Adrienne Dresevic, Esq., Carey F. Kalmowitz, Esq., and Clinton Mikel, Esq., AHRA Link, November 2012.
  • "OIG Reaffirms Approval of Free Pre-Authorization Services Arrangement by Radiology Group" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, October 2012.
  • "CLIENT ALERT: Viewing The Recent OIG Company Model Advisory Opinion For What It Truly Is: Meaningful Guidance That Must Be Incorporated Into These Arrangements (But Certainly Not the Death Knell to All Company Models Across the Country)" by Adrienne Dresevic, Esq., Carey F. Kalmowitz, Esq., and Abby Pendleton, Esq.
  • "CMS Issues 2013 Proposed Physician Fee Schedule" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, August 2012.
  • "PPACA Survives: Impact on Imaging" by Adrienne Dresevic, Esq., Carey F. Kalmowitz, Esq., and Stephanie P. Ottenwess, Esq., AHRA Link, July 2012.
  • "OIG Advisory Opinion 12-06: Insightful Guidance from the OIG For Structuring Company Model Arrangements" by Kathryn Hickner-Cruz, Esq., Carey F. Kalmowitz, Esq., and Abby Pendleton, Esq., ABA Health eSource, June 2012.
  • "CMS Issues Final Rules To Cut Regulations For Hospitals and Healthcare Providers" by Adrienne Dresevic, Esq., Carey F. Kalmowitz, Esq., and Stephanie P. Ottenwess, Esq., AHRA Link, June 2012.
  • "CMS Issues Final Rule on Enrollment, Ordering and Referring, and Documentation Requirements" by Adrienne Dresevic, Esq., Carey F. Kalmowitz, Esq., and Stephanie P. Ottenwess, Esq., AHRA Link, May 2012.
  • "OIG Views Favorably a Proposal to Operate Website Containing Coupons and Advertising from Health Care Entities" by Adrienne Dresevic, Esq., Carey F. Kalmowitz, Esq., and Stephanie P. Ottenwess, Esq., AHRA Link, April 2012.
  • "New Hampshire House Passes Sweeping Rules Regarding Physician Relationships With Medical Device Companies" by Tom Bulleit, Adrienne Dresevic, Esq., Carey F. Kalmowitz, Esq. and Clinton Mikel, Esq., AHLA Revised and Reissued Email Alert, April 24, 2012.
  • "New Hampshire House Passes Sweeping Rules Regarding Physician Relationships With Medical Device Companies" by Adrienne Dresevic, Esq., Carey F. Kalmowitz, Esq., and Clinton Mikel, Esq., AHLA Email Alert, April 16, 2012.
  • "CMS Provides Guidance on Place of Service Coding" by Adrienne Dresevic, Esq., Carey F. Kalmowitz, Esq., and Stephanie P. Ottenwess, Esq., AHRA Link, March 2012.
  • "Recent CMS Initiatives" by Adrienne Dresevic, Esq., Carey F. Kalmowitz, Esq., and Stephanie P. Ottenwess, Esq., AHRA Link, February 2012.
  • "CMS Retracts the MPPR PC Policy Relating to Group Practices for 2012" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, January 2012.
  • "CMS Publishes the 2012 Physician Fee Schedule Final Rule" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, December 2011.
  • "ACO Final Rule and Guidance Documents Released" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, November 2011.
  • "CMS Published the Medicaid RAC Final Rule" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, October 2011.
  • "CMS Transmittal 380: Enrollment Procedures for Advanced Diagnostic Imaging Accreditation" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, September 2011.
  • "Professional Component Cuts Proposed for 2012" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, August 2011.
  • "MedPAC Recommends Changes to Diagnostic Imaging Payments and Policy" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, July 2011.
  • "CMS Issues Final Rule on Credentialing and Privileging for Telemedicine" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, June 2011.
  • "Accountable Care Organizations: The Proposal and The Basics" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, May 2011.
  • "Final Medicare Screening Requirements Published: Compliance Program Requirements Still Pending" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., Michigan Medical Law Report, Spring 2011.
  • "OIG Again Views Complimentary Transportation Services Favorably" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, April 2011.
  • "PPACA One Year Later: Where Have We Been and Where Are We Going?" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, March 2011.
  • "Regulatory Review: Medicare Screening Requirements Finalized, Mandatory Compliance Programs Still Pending" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, February 2011.
  • "IDTFs: Mobile, Fixed-Based, Portable Unit? How Do You Know and What Does it Mean?" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, January 2011.
  • "Group Practice Integration in Light of PPACA and Stark" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., Michigan Medical Law Report, Winter 2011.
  • "Regulatory Review: CMS Issues Final Rule Regarding Stark’s IOASE Disclosure Requirement" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, December 2010.
  • "Regulatory Review: Ten Facts You Should Know About Medicare ACOs" by Adrienne Dresevic, Esq., Carey F. Kalmowitz, Esq., and Kathryn Hickner-Cruz, Esq., AHRA Link, November 2010.
  • "Ten Facts that Anesthesiologists Should Know about Medicare Accountable Care Organizations (ACOs)" by Kathryn Hickner-Cruz, Esq. and Carey F. Kalmowitz, Esq., Communique, Fall 2010.
  • "Physicians Must Manage New Stark Law Risks Under the Health Care Reform Act" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, 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.
  • "Regulatory Review: Proposed New Screening Requirements for Enrollees" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, October 2010.
  • "Regulatory Review: The New Face of Physician Compliance Programs: Physicians Must Manage New Stark Law Risks under the Health Care Reform Act" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, September 2010.
  • "Regulatory Review: CMS Issues Proposed Rules Relating to Physician Self-Referral" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, July 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.
  • "Regulatory Review: OIG Approves Proposed Free Pre-Authorization Services Arrangement" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, June 2010.
  • "Health Care Marketing--What Every Provider Should Know: Navigating the Health Care Regulatory Landscape" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., G-2 Compliance Report, p. 5, June 2010.
  • "Healthcare Marketing: Navigating the Regulatory Landscape" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., The Communique, Spring 2010.
  • "Regulatory Review: Physician Self-Referral Updates," by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, May 2010.
  • "Imaging Centers Billing for Out of State Interpretations Can Expect Claim Denials" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, April 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.
  • "Regulatory Review: Pursuant to MIPPA, CMS Approves Three Organizations to Accredit Suppliers of Advanced Diagnostic Imaging Services" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, March 2010.
  • "The Stark Law's In-Office Ancillary Services Exception: In-Office Ancillary Arrangements Remain Viable for Pain Management Practices" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., The Communique, Winter 2010.
  • "Mobile Leasing Diagnostic Testing Arrangements" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., Radiology Management, January/February 2010.
  • "Regulatory Review: Incentives to Meaningfully Use Electronic Health Records" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, February 2010.
  • "Mobile Leasing Diagnostic are a Good Way to Enhance Practice Revenue" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., Michigan Medical Law Report, Vol. 5, No. 4, Winter 2010.
  • "The 2009 Medicare Physician Fee Schedule; Medicare’s Anti-Markup Rule and IDTF Enrollment Requirements for Mobile Imaging" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., Michigan Medical Law Report, Vol. 5, No. 4, Winter 2010.
  • "Regulatory Review: Healthcare Marketing--Navigating the Regulatory Landscape" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, January 2010.
  • "CMS Proposes Rules Regarding Implementation of Accreditation Standards" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, September 2009.
  • "The October 1st Stark Law Changes: Implications for Diagnostic Imaging Arrangements" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, August 2009.
  • "In-Office Imaging Services Still Protected" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., Michigan Medical Law Report, Summer 2009.
  • "Anesthesia Groups Not Immune From Stark Law Risk" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., Communique, Summer 2009.
  • "The Continued Relevance of the Stark Law's IOASE: In-Office Imaging Arrangements Remain Viable" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., AHRA Link, June 2009.
  • "Recent Developments and Key Legal Issues Impacting Diagnostic Imaging Services, Part 2" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., Radiology Management, March/April 2009.
  • "Recent Developments and Key Legal Issues Impacting Diagnostic Imaging Services, Part 1" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., Radiology Management, January/February 2009.
  • "The 2009 Medicare Physician Fee Schedule: Medicare's Anti-Markup Rule and IDTF Enrollment Requirements for Mobile Imaging," by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., Michigan Medical Law Report, Vol. 4, No. 4, Winter 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.
  • "Risk and Compliance Practices for Nursing Facilities" by Carey F. Kalmowitz, Esq. and Walter S. Wheeler, III, Esq., MAHSA Regulatory Update, 2008.
  • "The 2009 Medicare Physician Fee Schedule - Medicare's Anti-Markup Rule and IDTF Enrollment Requirements for Mobile Imaging" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., Guest Article, Stout Risius Ross Health Care Quarterly Update, Winter 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.
  • "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.
Speaking Engagements

Adrienne Dresevic, Esq., Carey F. Kalmowitz, Esq., and Clinton Mikel, Esq. presented Healthcare/Real Estate Issues Primer to NAI Farbman and its hospital clients, May 17, 2013.

"How to Align Without a Sale" by Carey F. Kalmowitz, Esq. and Kathryn Hickner-Cruz, Esq., Decision Health Physician-Hospital Alignment Strategies 2011, Las Vegas, NV, June 7, 2011.

"Enhancing Revenue While Remaining Compliant (in an Era of Declining Reimbursement for Physicians' Services)" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., Building a Compliant Profitable Practice During Uncertain Times; Troy, MI, November 11, 2009.

"Are You Ready? Pandemic and Infection Control and Diagnostic Imaging Arrangements - Key Legal Issues" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., 2009 AHRA New York/New Jersey Regional Membership Meeting, October 21, 2009.

"The Radiology Practice of Tomorrow: How Traditional Practices Are Changing to Meet the Challenges of 21st Century Medicine" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., 2009 Radiology Business Management Association (RBMA) Fall Educational Conference, October 11, 2009.

"Risk and Compliance Practices for Nursing Facilities" by Carey F. Kalmowitz, Esq. and Walter S. Wheeler, Esq., Michigan Association of Homes and Services for the Aging (MAHSA), 2008 Regulatory Update, November 6, 2008.

"Changes in Health Law That Every Physician Should Know" by Adrienne Dresevic, Esq. and Carey F. Kalmowitz, Esq., Michigan Association of Physicians of Indian Origin (MAPI) 2008 Summer CME Meeting, June 8, 2008.

Past Employment Positions
  • Wachler & Associates, P.C., Partner, 2008-2009
  • Honigman Miller Schwartz and Cohn, LLP, Partner, 1994 - 2008
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