Michal E. Ovadia

What do you focus on?

Medical Staff Issues

I assist hospital clients with resolving issues related to medical staff bylaws, physician and resident discipline and reporting, and compliance with Joint Commission standards and applicable law. I also conduct medical staff hearings and appeals.

Graduate Medical Education

I counsel academic medical centers, teaching hospitals, and medical schools with respect to attaining and maintaining Accreditation Council for Graduate Medical Education and American Osteopathic Association accreditation of their graduate medical education (GME) programs. I assist clients with all aspects of the application process including program information forms and institutional review documents, affiliation agreements, site visit preparation, duty hour compliance, policies, and resident contracts. I am also equipped to manage appeals and reconsiderations, and have experience advising on accreditation issues and litigation pertaining to GME.

Investigations

I assist health care clients with internally investigating fraud, waste, and abuse grievances. Similarly, I also partner with clients to advise on compliance with applicable laws and regulations, and work with clients responding to inquiries from regulatory agencies. My government investigations experience includes assisting clients with responding to subpoenas and other inquiries from state and local government agencies.

What do you see on the horizon?

The deadline for AOA-accredited programs to comply with the ACGME’s Next Accreditation System is fast approaching and will bring with it unique challenges, both for the programs making the change and for the ACGME as an accrediting body. I look forward to helping my clients make the transition.

Publications

• “Proposed Class Action Data Breach Suit Against Health Insurer Quashed for Lack of Sufficient Injury,” Pratt’s Privacy & Cybersecurity Law Report, September 2016
• “Proposed class action data breach suit against health insurer quashed for lack of sufficient injury,” Privacy Alert, June 2, 2016
• “Health care data breach case highlights risk to companies for unauthorized use of data by employees,” Health Care Alert, May 13, 2016
• “Fourth Circuit: insurer has obligation to provide defense under CGL policy to data breach claim,” Health Care Litigation Alert, April 25, 2016
• “California hospital settles data breach case with largest per plaintiff payout in history,” Health Care Alert, March 28, 2016
• “Second Circuit disagrees with Fifth Circuit on who is a whistleblower under Dodd-Frank—bound for the Supreme Court?,” Securities Law Alert, September 14, 2015
• “The New NPDB Guidebook brings changes for hospital and health care entity reporting of adverse clinical privileges actions,“ Health Care Alert, June 19, 2015
• “CMS releases revised 855R Application for Reassignment of Medicare Benefits,” Health Care Alert, December 2, 2014
• “Tax Breaks for Tattle Tales: Legislating to Catch Craigslist Criminals,” Hofstra Law Review, 2013