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. In 2019, Mr. Levy received a lifetime achievement award from the New York Chapter of the American College of Health Facility Administrators.
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.
- 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
- New York
- U.S. District Court for the Southern District of New York
- Supreme Court of the United States
- New York University School of Law, LL.M., 1977
- New York University School of Law, J.D., 1966
- 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
- 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
Lifetime Achievement Award, New York Chapter of the American College of Health Facility Administrators, 2019
Listed in U.S. News/Best Lawyers "The Best Lawyers in America," 1995-2020
Listed in New York Super Lawyers for Health Law, 2006-2019
- Listed in The New York Area's Best Lawyers by New York Magazine, 2006
Quoted, "New Players to Enter State's Medical Marijuana Market After Judge Rejects Challenge," The New York Law Journal, January 4, 2018
- Co-author, "The Cogeneration Option: Saving Money and the Planet, Healthcare Design Magazine, May 27, 2009
Selected Speaking Engagements
Presenter, "Mastering Cannabis & Marijuana Regulation CLE," Telephonic Seminar, Rossdale CLE, July 31, 2019
Panelist, "Municipal Regulation of Marijuana: Guidance on Permitting, Licensing and Zoning for Medical and Recreational Uses," Strafford, CLE Webinar, October 10, 2018
Presenter, "Cannabis 101: Update on the Federal Enforcement & State Regulatory Environment," Duane Morris Cannabis Webinar Series, January 29, 2018 (video replay)
Speaker, "Losing Sleep Over Wage and Hour and Healthcare Regulatory Requirements for Home Healthcare Workers," Duane Morris LLP, New York, January 23, 2018
- Presenter, "Certificate of Need 2017," New York State Health Facilities Association Winter Educational Conference, San Jan, Puerto Rico, January 12, 2017
- Speaker, "Developments in Certificate of Need," New York State Health Facilities Association Winter Conference, San Juan, Puerto Rico, January 8, 2015
- 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