Anthony C. VitaleThe Health Law Offices of Anthony C. Vitale Communication Center
PROFESSIONAL EXPERIENCEAnthony C. Vitale is the President of the law firm bearing his name. The firm was established in 1982 and is recognized nationwide as a leader in health care law and consultation. The firm concentrates in criminal, civil, regulatory, administrative and licensure representation of health care providers, including physicians, other licensees, pharmacies, clinics, home health agencies, laboratories, durable medical equipment suppliers, CORF, CMHC/PHP, billing agents, wholesalers and other health care providers and suppliers. Mr. Vitale has represented clients under investigation by the Department of Justice (FBI, DEA, FDA, IRS) the Office of the Inspector General (DHHS), Office of the Attorney General Statewide Prosecutor and Medicaid Fraud Control Unit, Florida Department of Insurance Division of Insurance Fraud and other investigatory bodies. The firms representation also includes defense services to clients facing allegations of fraud and abuse, compliance counseling and the defense of civil, administrative, regulatory and criminal health care fraud, including internal/defense investigations; False Claims Act litigation; Settlement Negotiations; Withholding of Medicaid/Medicare Payments; Overpayments; Exclusion From Participation in Medicare/Medicaid Programs; Licensure and Certification; Anti-kickback violations; Medical Necessity Issues; Qui Tam Investigations (whistleblower), Prosecutions and Defense; Health Care Contracts, and physician self-referral (Stark). ASSISTANT STATE ATTORNEY EDUCATION Legal: Undergraduate: Peer review ratedRated “AV” highest professional peer rating by Martindale-Hubbell BAR ADMISSIONS/LICENSUREThe Florida Bar, 1978 TEACHING POSITIONSAdjunct Professor, St. Thomas University, Miami, Florida, Master's Program Health Care Law. 2000- present PROFESSIONAL ACTIVITIES AND ASSOCIATIONSMember the Florida Bar NOTABLE CASES – FLORIDA STATUTES DECLARED UNCONSTITUTIONALFlorida Statute 817.505, Patient brokering declared unconstitutional: State of Florida vs. Sonia Bonilla Guzman, DDS, Ana Maria Bonilla Mendez, DDS, and John Anthony Rubio, Case No. 48-2003-CF-13501-O (9th Jud. Cir. February 1, 2005). Argued by Anthony C. Vitale and Richard Strafer on October 29, 2004. Florida Statute 409.920, Medicaid Provider Fraud Statute declared unconstitutional: State of Florida v. Gabriel Harden, et al., Case No. F00-38785 (11th Jud. Cir. February 5, 2003) and State of Florida v. Gabriel Harden, Case No. 3D03-521 (Fla. 3rd DCA Jan. 28, 2004), 2004 Fla. App. LEXIS 623, 29 Fla. L. Weekly D 593. Argued by Anthony C. Vitale and Richard Strafer on January 28, 2003. On May 18, 2006, the Supreme Court of Florida affirmed the Third District Court of Appeal decision in State v. Harden, 873 So. 2d 352 (Fla. 3d DCA 2004) declaring unconstitutional the Anti-kickback section of the Florida Medicaid Provider Fraud Statute, 409.920(e). The Supreme Court affirmed the dismissal of all charges against all defendants in the case of State of Florida vs. Gabriel R. Harden, (Case No. S00-38785) as well as 3 dentists -Edward Polsky, D.D.S., Maria Rodriguez, D.D.S., Elsa Cottoreal, D.D.S., and others. On April 23rd 2007, the United States Supreme Court denied certiorari and the decision of the Florida Supreme Court became final. PUBLICATIONSAuthor – Anthony C. Vitale, the Florida Healthcare Law Compendium Author - Anthony C. Vitale, the Florida Medical Center Legal Compliance Guide Author - Anthony C. Vitale, State Enforcement and Medicaid Fraud, American Bar Association, continuing Legal Education Course Materials, Healthcare Fraud - 2001. Author - Anthony C. Vitale, Insurers Begin Denying Claims for Non-Registered Clinics, Florida Medical Business Journal, February, 2002. Author - Anthony C. Vitale, New Board Rule Prohibits Docs From Practicing at Non-Physician Owned Clinics, Florida Medical Business Journal, April 6, 2001. Co-Author with William Gompers, Florida Toughens, Broadens Law on Medicaid Fraud and Abuse. Medical Business South Florida Edition Author - Anthony C. Vitale, P.A. Provider Alerts published monthly and provided to the health care community. Provider Alerts identify current trends in health care, as well as changes in laws, rules and codes. Representative titles include: Providers Question Fairness of Medicare Hearing System, June, 1997 Feds Investigating Billing Agent Contractors, August, 1997 Home Health Compliance Review Essential in Preparing for a Joint Task Force Audit, May, 1997 Federal and State Investigators Target Medical labs, August, 1997 Leased Employees May Now Perform Incident-To Services, February, 1997 Payments to DME's from Pharmacies under Marketing Arrangements Can Violate Anti-kickback Statutes, January, 1997 New Medicaid Statute Bans All Patient Brokering, August, 1996 Board of Medicine Declares Mere Allegation of Fraud as Basis for Emergency Suspension of Physician's License, January, 1996 Physician Assistant False Claims Advisory, August, 1995 SPEAKING ENGAGEMENTSPresenter - American Bar Association 16th Annual National Institute on Health Care Fraud 2006, Fort Lauderdale, May 3-5, 2006," Recent Developments for Challenging Health Care Fraud Statutes” Speaker - Florida Bar Annual Meeting 2006 – Challenging State Allegations of Patient Brokering and Fee Splitting , Boca Raton, Florida Presenter - American Bar Association 11th Annual National Institute on Health Care Fraud 2001, Miami, May 3-5, 2001, Workshop "State Enforcement and Medicaid Fraud." Speaker - "Affirmative Civil Litigation - Defense of Federal Civil False Claims Actions" - U.S. Department of Justice Office of Legal Education, June 1994, Clearwater, Florida. VIDEO/AUDIO PROGRAMSPanel Member - WLRN T.V. Channel 36 - "You Be the Judge" September 17, 1998, Produced by the Florida Association of Criminal Defense Lawyers. Program regarding Medicare and Medicaid Fraud. Anthony C. Vitale is widely quoted on health law matters in leading publications including the Wall Street Journal, Miami Herald, Tampa Tribune, Florida Daily Business Review, St. Petersburg Times, and U.S. News and World Report. |
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