Jerome T. Levy
Partner

Duane Morris LLP
1540 Broadway
New York, NY 10036-4086
USA

Phone: +1 212 692 1013
Fax: +1 212 202 7596
Email: JTLevy@duanemorris.com

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Jerome T. Levy

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Jerome T. Levy practices in the area of health law. Mr. Levy has conducted a wide range of administrative negotiations and civil litigation on behalf of health care providers with State and Federal regulatory authorities. He negotiates and prepares agreements and other documents related to mergers and acquisitions and other transfers of ownership and also handles licensure applications for new operators, professional discipline matters and new construction for all types of health care facilities, including regulatory approvals and financing.

Mr. Levy represents hospitals, nursing homes, diagnostic and treatment centers, adult living providers, private practice physicians, physician and dental practice management companies, and other health care providers in all phases of their operations. Mr. Levy was the general counsel to the New York State Department of Health and supervised an office of more than 40 lawyers involved in all phases of healthcare regulation in New York State. Mr. Levy served in the New York Regional Attorney's office of the U.S. Department of Health, Education and Welfare and was responsible for counseling the Public Health Service, the Social Rehabilitation Service, the Social Security Administration (including Medicare), the Office of Long Term Care and other agencies. He is a former chair of the New York State Bar Association's Health Law Committee and a former chair of its Health Law Section.

Mr. Levy is a graduate of New York University Law School (LL.M., taxation, 1971; J.D., 1966) and a graduate of Hobart College, Geneva New York.

Representative Matters

  • Obtained on behalf of a major New York medical arts clinical laboratory the ability to reopen and an "in compliance" status from the New York State Department of Health.
  • Represented a certified home health agency in an action brought by the U.S. Department of Justice and the Medicaid Fraud Control Unit of the New York Attorney General's Office pursuant to the federal and New York false claims acts for alleged Medicaid and Medicare improper billing. Settled the case for a fraction of the original demand.
  • Represent 30 skilled nursing homes in the State of New York in an action brought against the governor of New York and the commissioner of the State Department of Health in an action alleging that the State's 2011 Medicaid reimbursement program violates their due process rights under the U.S. and New York constitutions and the federal Social Security Act. Bridge View Nursing Home v. Cuomo (N.Y. Sup. Ct. Manhattan).
  • Defending an independent pharmacy against an audit recovery claim by the New York Office of the Medicaid Inspector General.
  • Negotiated a settlement in a federal Qui Tam action, United States ex rel. Kirschner v. [Home Care Agency].
  • Handled purchase of eight skilled nursing facilities (Eden Park Facilities) on behalf of National Health Care Associates.
  • James Square v. Wing, 2nd Cir. 1996

Admissions

  • New York
  • U.S. District Court for the Southern District of New York
  • Supreme Court of the United States

Education

  • New York University School of Law, LL.M., 1977
  • New York University School of Law, J.D., 1966

Experience

  • Duane Morris LLP
    - Partner, 2002-present
  • Arent Fox Kintner Plotkin & Kahn, PLLC, New York, New York
    - Partner, 1996-2002
  • Partner in various New York Law Firms, 1983-1996
  • New York State Department of Health, Albany, New York
    - General Counsel, 1977-1979
  • U.S. Department of Health, Education and Welfare (DHEW)
    -Acting Regional Attorney, 1976-1977
    -Deputy Regional Attorney, 1970-1976
    -Attorney, 1966-1977

Professional Activities

  • New York State Bar Association
    - Member, House of Delegates, 1996-1998
    - Section Chair, Health Lawyers Association, 1997-1998
    - First Vice President, Health Law Section, 1997-1998
    -- Chairperson, Health Law Special Committee, 1992-1996
  • American Health Lawyers Association
    - Member, 1975-present

Honors and Awards

  • Listed in The Best Lawyers in America, 1995-2015
  • Listed in New York Super Lawyers for Health Law, 2006-2013
  • Listed in The New York Area's Best Lawyers by New York Magazine, 2006

Selected Publications

Selected Speaking Engagements

  • Presenter, "Legal Pitfalls for Nurses in the Assisted Living Setting," NYSHFA/NASCAL Summer Convention, Rye, New York, July 1, 2014
  • Presenter, "Healthcare Compliance Updates," East Elmhurst, New York, May 1, 2013
  • Panelist, "Ask the Attorneys—Hot Legal Topics for ACFs & ALRs," Empire State Association of Assisted Living's 33rd Annual Conference & Trade Show, Saratoga Springs, New York, May 1, 2012
  • Adjunct Lecturer, Long Island University in Continuing Education Program for Nursing Home Administrators
  • Speaker, "Certificate of Need Update," New York State Health Facilities Association 2011 Midwinter Education Conference, Cayman Islands, January 12, 2011
  • Speaker, "The New Office of Medicaid Inspector General Requirements," Health Care Conferences Inc.'s Survey Preparation and Survival in 2009, Bayside, New York, November 5, 2009
  • Panelist, "Fraud and Abuse Update," New York State Bar Association Health Law Section Fall Meeting, Bolton Landing, New York, October 24, 2009
  • Presenter, "Legal Issues in Assisted Living Operations," Spring Meeting of the New York Association of Homes and Services for the Aging, Saratoga Springs, New York, June 5, 2002
  • Presenter, "Fraud and Abuse in the Dialysis Setting," 33rd National Symposium of the American Nephrology Nurses' Association, Orlando, Florida, May 25, 2002
  • Various speeches and presentations at conferences held by Association of Health Care Providers