Expert Witness

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Expert Witness 2017-06-21T17:08:34+00:00

Expert Witness Qualifications and Experience – Attorney References Available Upon Request

Our firm is engaged in cases involving complex regulation and litigation at the State and Federal level concerning :

Michael Arrigo expert witness in Federal State and Civil Courts on ACA, HIPAA, Healthcare costs in malpractice and personal injury, False Claims Act cases involving Medicare Advantage and Electronic Health Records

Michael Arrigo expert witness in Federal State and Civil Courts on Life Care Plan future costs under the Affordable Care Act, Medicaid Expansion and Medicaid Waivers,  in malpractice and personal injury, False Claims Act, HITECH Act and Meaningful Use, HIPAA,  Usual Customary and Reasonable cost of care, Risk Adjustment and values based care including MIPS and MACRA. Contact Now to request CV, references, fee schedule and retainer agreement.

  • U.S. Department of Justice – Retained by U.S. Department of Justice on Federal investigation into false claims, U.S. Attorney recently announced $155 million settlement in favor of the U.S.
  • Affordable Care Act (including future cost of care in life care plans, disabilities, ACA qualified health plans, essential health benefits, minimum essential coverage)
  • American Health Care Act – advisor re: potential impacts of the repeal and replace strategies as articulated by Trump Administration 
  • False Claims Act (fraud), sentencing guidelines, changes in sentencing guidelines after the ACA
  • ARRA HITECH Act (meaningful use of electronic health records audit defense).  
  • HIPAA privacy and security breaches, best practices.  Prior retention by defendants and plaintiffs
  • Meaningful Use information safeguards under the ARRA HITECH Act and inter-relationship with HIPAA
  • Usual Customary and Reasonable cost of care experienced in providing usual customary and reasonable charges in States where there is a collateral source rule
  • Medical coding, medical claims processing, and insurance billing – application of national standards, generally accepted principles and methods, guidelines and best practices to audit records, coding and resulting reimbursement
  • Fair Market Value of physician and medical director compensation based on Stark II final rules and compensation surveys.
  • Physician compensation for hospital employees based on Relative Value Units (RVUs) 
  • Anti-kickback statute, where safe harbors may apply under the Affordable Care Act
  • Medicaid expansion and persons with disabilities under the ADA – impact of disabilities on future cost of care
  • Future costs of care in life care plans with respect to personal injury and medical malpractice litigation
  • Subrogation, insurance policies and contracting, medical coverage determinations, medical policies

Mr. Arrigo, managing partner for the firm, served as an expert along with a team of PhDs in economics and computer science, clinical professionals, a premier litigation firm in New York, and a large publicly traded healthcare IT firm in a matter before the U.S. Federal Trade Commission and several State Attorneys General.  He is retained by the U.S. Department of Justice involving a False Claims Act investigation.  He has presented before the FBI, U.S. HHS Office of Inspector General (OIG) and Assistant U.S. Attorney while retained by counsel for a defendant.

Mr. Arrigo’s expertise and testimony were instrumental in helping the FTC determine that the  health care matter was of national economic importance. The matter involved a anti-trust issues deemed by the FTC as a matter of national economic importance. The matter also entailed large complex healthcare IT implementations, access to clinical data and documentation, electronic healthcare records, diagnosis and procedure coding, ICD-10, and computer assisted coding (CAC) for some of the largest hospital systems in America.

Mr. Arrigo supports attorneys in civil and criminal matters of reimbursement; forensic audits; provider & payor disputes; white collar crime, medical record & billing documentation; ICD & CPT coding for a variety of medical specialties including orthopedics, obstetrics and cardiology; compliance programs; business damages; personal injury; Medicare, Medicaid and Insurance fraud; OIG self disclosure; and antitrust. Mr. Arrigo manages a team of MD, RN, RHIA, CPC, CFE, ChFC, MHA, CCS, CCS-P, CPC, CHTS PW and CPA experts and integrates their views into a single expert report or testimony when needed, including over 30 years of experience in coding, fraud, waste and abuse.  Experienced in population health methods including Risk Adjustment Factors (RAF) scores and Medicare Shared Savings Plan (ACOs).  These principles and experience are rounded out by physicians with 40 years of experience who know disease management stratification and analytics and bioinformatics.   Mr. Arrigo brings in-depth experience supported by local, state and national data on reasonable and customary fees, practices and technologies.

  • Worked with leading litigation firm, clinicians and health IT firm for landmark federal case
  • Persuasive writer, speaker with experience giving oral and written testimony
  • Quoted in Wall Street Journal, regular speaker, published works as expert in the field
  • Advisor to value based care organizations for Medicare Shared Savings Program (MSSP) Accountable Care Organizations (ACOs) on value based care
  • Advisor to Medicare Advantage firms
  • Opinion on over $1 billion in healthcare costs to date 
  • Diligence on over $4 billion in healthcare Merger & Acquisition transactions
  • Advisor to investors and outsourcing firms serving Medicare Advantage health plans.

Additionally, Mr. Arrigo has led healthcare investor diligence for Merger and Acquisition transactions totaling over $4 billion.

Team Overview

The team has overseen complex electronic medical record implementations and is knowledgeable about clinical workflow, clinical notifications to primary care physicians and patients. Notification of critical findings (adverse findings) are a key area in legal work in medicine today.  Failure to notify of critical findings is the leading reason for medical malpractice litigation in the U.S. today.

Mr. Arrigo and his team are experience in all aspects of the Patient Protection and Affordable Care Act (PPACA), HITECH Act, ICD-10, and HIPAA Privacy and Security.

The team has experience in expert witness work related to:

  • Failure to notify litigation / discovery
  • Patient chart audits
  • Fraudulent Claims Act
  • Prompt Payment Act (Texas)
  • Medicare, Medicaid Insurance electronic claims
  • RAC Audit Defense
  • Pathology coding and billing expert witness
  • Esoteric test coding and billing expert witness

    Our team has expertise in these and other key regulations with respect to expert reports and expert testimony.

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    Healthcare Regulatory, Data, and Economic Expert Witness. Click to Contact.

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