Publications

"AI in Healthcare: Parting the Mist to Get to Reality," by Clinton Mikel, Esq. and Matt Fisher, Esq., ABA Washington Health Law Summit, December 12, 2023.

Clinton Mikel, Esq. was quoted in, "Hospitals Sell Your Medical Data to Advertisers.  A New Lawsuit Wants to Hold One Accountable," by Thomas Germain, Gizmodo, February 8, 2023. 

Clinton Mikel, Esq. was quoted in, "FTC Fines GoodRx $1.5M for Sending Your Medication Data to Facebook and Google for Ads," by Thomas Germain, Gizmodo, February 1, 2023.

"Supreme Court Sets Criminal Intent Requirement for Prosecution under Controlled Substances Act," by Olivia Dresevic, Esq. and Jessica L. Gustafson, Esq., ABA Health eSource, January 2023

Jessica L. Gustafson, Esq. was quoted in "Providers Are Losing More Appeals at ALJs, Although Data Is Mixed," by Nina Younstrom, Report on Medicare Compliance, May 23, 2022.

"Michigan and Federal Surprise Billing Legislation:  Protection for Consumers, Increased Burdens for Providers, and Boon for Payors," by Melissa R. Grim, Esq. (Honigman, LLP), Jessica L. Gustafson, Esq., Kenneth R. Marcus, Esq. (Honigman, LLP) and Joseph L. Rivet, Esq. (Rivet Health Law, PLC), State Bar of Michigan, Health Care Law Section, March 7, 2022. 

"Legal Issues with Physician Office Laboratories," by Adrienne Dresevic, Esq., Adam M. Walters (Walters Law, P.C.), Courtney M. White (Dinsmore & Shohl, LLP), AHLA Health Law Connections, February 1, 2022.

"The Inpatient Only List Reinstated" by Jessica L. Gustafson, Esq. and Abby Pendleton, Esq., ABA Health eSource, January 26, 2022.

Adrienne Dresevic, Esq., and Clinton Mikel, Esq. were quoted in an article entitled "Regulatory, Cybersecurity Updates affect Radiology Practices," Auntminnie.com, August 3, 2021.

Jessica L. Gustafson, Esq. and Abby Pendleton, Esq., "What Are Medicare Appeals" (2nd Edition), Chicago: American Bar Association, 2021

"Proposed HIPAA Regulatory Changes 2020 REDLINE" by Adrienne Dresevic, Esq., and Clinton Mikel, Esq., ABA Health Law Section, December 21, 2020

Jessica L. Gustafson, Esq. was quoted in "OPPS Final Rule: CMS Ends Inpatient-Only List, Puts Related Audits on Ice Indefinitely," by Nina Youngstrom, Report on Medicare Compliance, Vol. 29, No. 43, December 7, 2020.

"Stark 2020 Final Rule Regulatory Revisions REDLINE" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., ABA Health Law Section, November 24, 2020.

"AKS & CMP 2020 Final Rule Regulatory Revisions REDLINE" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., ABA Health Law Section, November 23, 2020.

"Hospitals Brace for Renewed Focus on Total Joint Procedures" by Jessica L. Gustafson, Esq., American College of Physician Advisors Newsletter, September 25, 2020.

Robert S. Iwrey, Esq. revised and edited Chapter 50, "State and National Reporting Laws and Requirements/National Practitioner Data Bank" of the Legal Manual for New York Physicians, 6th Edition, a joint publication of the New York State Bar Association and the Medical Society of the State of New York, July 2020.

"EEOC Issues Guidance Regarding Testing/Screening Employees, Call-Offs, Return to Work Protocols and more during COVID-19 Pandemic" by Adrienne Dresevic, Esq. and Arturo Trafny, Esq., AHRA Link, May 20, 2020.

"Medicare Beneficiaries Win Right to Challenge Certain Outpatient Observation Placement Orders" by Jessica L. Gustafson, Esq. and Abby Pendleton, Esq., ABA Health eSource, May 18, 2020.

"CMS Issues Blanket Waivers under the Stark Law" by Adrienne Dresevic, Esq. and Arturo Trafny, Esq., AHRA Link, April 8, 2020.

"OIG and CMS Seek to Minimize Burdens on Providers and Suppliers During the COVID-19 Pandemic" by Adrienne Dresevic, Esq. and Arturo Trafny, Esq., AHRA Link, April 5, 2020.

Jessica L. Gustafson, Esq. was quoted in "Court Says Inpatients Changed to Observation Have Right to Appeal, Orders New Process" by Nina Youngstrom, Report on Medicare Compliance, Vol. 29, No. 12, March 30, 2020.

"OIG Issues Policy Statement to Reduce/Waive Cost-Sharing Amounts for Telehealth Services during the COVID-19 Outbreak" by Adrienne Dresevic, Esq. and Arturo Trafny, Esq., AHRA Link, March 24, 2020.

Jessica L. Gustafson, Esq. was quoted in "In Unusual Move, MACs Recoup Whole DRG Payment for PACT Errors; Rebuttals May Help" by Nina Youngstrom, Report on Medicare Compliance, Vol. 29, No. 4, February 3, 2020.

Clinton Mikel, Esq. wrote a chapter in "Opioid Prescribing - An AHLA 50 State Survey with Summaries and Links" called "California", January 2020.

Jessica L. Gustafson, Esq. was quoted in "Rappin' About RACs" by Susan Chapman, For The Record, Vol. 32, No. 1, P. 22, January/February 2020.

"AseraCare: Falsity and the False Claims Act" by Jessica L. Gustafson, Esq. and Abby Pendleton, Esq., BC Advantage January/February 2020.

Jessica L. Gustafson, Esq. was quoted in "Outlook 2020: Integrity Rule, Inpatient Audits Will Stir Things Up; Privacy is 'Huge Focus'" by Nina Youngstrom, Report on Medicare Compliance, Vol. 29, No. 1, January 13, 2020.

Clinton Mikel, Esq. contributed to ABA Health Law Section's "Comments regarding file code OIG-0936-AA10P, RIN 0936-AA10-P, Proposed Rule, Medicare and State Healthcare Programs: Fraud and Abuse; Revisions to Safe Harbors Under the Anti-Kickback Statute, and Civil Monetary Penalty Rules Regarding Beneficiary Inducements", December 30, 2019.

"New Developments in Medicare Enforcement Actions: Implications of Allina" by Adrienne Dresevic, Esq. and Jessica L. Gustafson, Esq., AHRA Link, December 23, 2019.

"CMS Greatly Expands Its Authority to Deny and Revoke Providers' and Suppliers' Medicare Enrollment" by Adrienne Dresevic, Esq. and Jessica L. Gustafson, Esq., ABA The Health Lawyer, Vol. 32, No. 2, pg. 6, December 19, 2019.

"Proposed Rule, AKS & CMP CY 2019 - Medicare and State Healthcare Programs: Fraud and Abuse; Revisions to Safe Harbors Under the Anti-Kickback Statute, and Civil Monetary Penalty Rules Regarding Beneficiary Inducements REDLINE" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., ABA Health Law Section, October 22, 2019.

"Proposed Rule - Stark, CY 2019: Modernizing and Clarifying the Physician Self-Referral Regulations (Stark) REDLINE" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., ABA Health Law Section, October 11, 2019.

"The Supreme Court Limits Agency Deference: Implications of Kisor v. Wilkie" by Adrienne Dresevic, Esq. and Jessica L. Gustafson, Esq., ABA The Health Lawyer, Vol. 32, No. 1, October 9, 2019.

"Federal Surprise Billing Legislation May Be Coming Soon" by Adrienne Dresevic, Esq. and Olivia Dresevic, AHRA Link, August 2, 2019.

"Inpatient Rehabilitation Facility (IRF) Appeals Settlement Initiative" by Jessica L. Gustafson, Esq. and Abby Pendleton, Esq., ABA Health eSource, Vol. 15, No. 12, August 1, 2019.

"FDA Proposes Updates to the Mammography Quality Standards Act" by Adrienne Dresevic, Esq. and Arturo Trafny, Esq., AHRA Link, July 10, 2019.

"CMS Revises Guidance Regarding the Use of Statistical Sampling for Overpayment Estimation" by Jessica L. Gustafson, Esq. and Abby Pendleton, Esq., ABA Health eSource, Vol. 15, No. 11, July 1, 2019.

Jessica L. Gustafson, Esq. was quoted in "In Settlement Process, CMS Offers IRFs 100% Payment on Some Claims" by Nina Youngstrom, Report on Medicare Compliance, Vol. 28, No. 23, June 24, 2019.

"Cybersecurity Risks: What Radiology Providers Should Know to Protect Against Data Breaches" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., AHRA Link April 29, 2019.

"OMHA Medicare Appeals Backlog to be Eliminated by 2022" by Jessica L. Gustafson, Esq. and Abby Pendleton, Esq., BC Advantage, March/April 2019.

"Court Deference to Agency Interpretations of Ambiguous Regulations: How Much is Too Much?" by Adrienne Dresevic, Esq. and Jessica L. Gustafson, Esq., AHRA Link March 25, 2019.

"District Court Rules OMHA Appeals Backlog to be Eliminated by 2022" by Jessica L. Gustafson, Esq. and Abby Pendleton, Esq., ABA The Health Lawyer, Vol. 31, No. 3, February 2019.

Jessica L. Gustafson, Esq. was quoted in "Is The Medicare Appeals Backlog Finally Breaking?" by Rich Daly, February 22, 2019.

"CMS Releases Fact Sheet/Practical Guide for Appropriate Use Criteria" by Adrienne Dresevic, Esq., AHRA Link, February 18, 2019.

"Courts Recognize Irreparable Injury Caused by Medicare Appeals Backlog" by Jessica L. Gustafson, Esq. and Abby Pendleton, Esq., BC Advantage, January/February 2019.

"The Final 2019 MPFS: What Radiology Providers Need to Know" by Adrienne Dresevic, Esq., AHRA Link, December 17, 2018.

Robert S. Iwrey, Esq. co-authored "What Is...Medical Staff Peer Review?", published nationally by the Health Care Law Section of the American Bar Association (ABA), November 2018.

"Ensuring Sexual Harassment Policies and Procedures are Compliant in Today's Environment" by Adrienne Dresevic, Esq., AHRA Link, November 2, 2018.

Jessica L. Gustafson, Esq. and Abby Pendleton, Esq. were quoted in "RACs Seek to Regain Reviewing Privileges for Medicare Claims" Modern Healthcare, September 19, 2018.

"Exercise Caution Regarding Financial Relationships with Personal Injury Attorneys" by Adrienne Dresevic, Esq. and Robert J. Dindoffer, Esq., AHRA Link, July 12, 2018.

Clinton Mikel, Esq. wrote a chapter in "Physician Law: Evolving Trends & Hot Topics 2018" called "Final HIPAA Omnibus Rule: What's Changed, and a Guide to Complying for Providers (Or, "Better Late Than Never")."

"The Department of Justice Softens its Stance on the Applicability of Federal Agency Guidance Documents" by Jessica L. Gustafson, Esq. and Adrienne Dresevic, Esq., BC Advantage, May/June 2018.

"Report Demonstrates the Importance of Healthcare Compliance" by Adrienne Dresevic, Esq. and Isaac S. Sternheim, Esq., AHRA Link April 16, 2018 issue.

"CMS Removes Total Knee Arthroplasty from the Inpatient-Only List" by Jessica L. Gustafson, Esq. and Abby Pendleton, Esq., BC Advantage, March/April 2018.

"The Medicare Appeals Adjudication Backlog: New Initiatives May Offer Relief to Appellants" by Jessica L. Gustafson, Esq., BC Advantage, January/February 2018.

"A Clarification on Medical Necessity Determinations" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., AHRA Link December 22, 2017 issue.

Adrienne Dresevic, Esq. and Clinton Mikel, Esq. were quoted in "The Long Road to Compliance" by Julie Ritzer Ross at Radiologybusiness.com on November 20, 2017.

"The Final 2018 MPFS: What Radiology Providers Need to Know" by Adrienne Dresevic, Esq., and Clinton Mikel, Esq., AHRA Link November 8, 2017.

"Significant Changes to Anti-Kickback Statute Safe Harbors/Exceptions to the Civil Monetary Penalty Law" by Adrienne Dresevic, Esq., Clinton Mikel, Esq., and Robert J. Dindoffer, Esq. The Health Lawyer Vol. 29, No. 6, August 2017.

"What to do When Approached in a Government Investigation" by Adrienne Dresevic, Esq., and Clinton Mikel, Esq., AHRA Link July 24, 2017.

"HHS Seeks to Improve Medicare Appeals Process" by Jessica L. Gustafson, Esq. and Abby Pendleton, Esq., ABA The Health Lawyer, Vol. 29, No. 5, June 2017.

"Need a Lift?: CMS Approves Free Patient Transportation for Imaging Providers" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., RadiologyBusiness.com, June 16, 2017.

Clinton Mikel, Esq. wrote a chapter in, "Physician Law: Evolving Trends & Hot Topics 2017" titled "Final HIPAA Omnibus Rule: What's Changed, and a Guide to Complying for Providers".

"Important New Compliance Resources" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., AHRA Link April 21, 2017.

"Medicare Appeals Adjudication Delays: Is Relief Finally in Sight?" by Adrienne Dresevic, Esq., and Jessica L. Gustafson, Esq., AHRA Link March 20, 2017.

"Medicare Appeals Adjudication Delay Update: Lawsuit Decided in Favor of Appellants (For Now)" by Jessica L. Gustafson, Esq. and Abby Pendleton, Esq., ABA The Health Lawyer, Vol. 29, No. 3, February 2017.

Adrienne Dresevic, Esq. and Clinton Mikel, Esq. were quoted in "When it Comes to Stark Law, Good Intentions Don't Matter" by RBMA.org on January 19, 2017.

"OIG Finalizes Transportation Safe Harbor" by Adrienne Dresevic, Esq., AHRA Link, January 18, 2017.

"OIG: Providing Free Goods and Services Raises Compliance Risk" by Adrienne Dresevic, Esq., AHRA Link, January 11, 2017.