For the first time in nearly three decades, the Substance Abuse and Mental Health Services Administration (SAMHSA) has updated the regulations on the confidentiality of substance abuse treatment records found in 42 C.F.R. Part 2 (the Part 2 Regulations).
Samuel C. Cohen
Sam Cohen is a senior associate in the Health Care practice. Sam’s practice focuses on providing advice to clients regarding compliance with health care fraud and abuse laws, with an emphasis on the Stark law and anti-kickback statute. Sam also advises clients on internal and external investigations, particularly investigations related to the False Claims Act, as well as on the HIPAA regulations, reimbursement issues, licensing requirements, and other compliance matters.
As part of his practice, Sam helps health care clients respond to government subpoenas, address related compliance issues, and negotiate associated settlement agreements and corporate integrity agreements, and he also assists clients with drafting, implementing, and evaluating both fraud and abuse and HIPAA compliance programs. Sam has helped clients with all aspects of making voluntary self-disclosures, including the drafting and submission of self-disclosures to the OIG Self-Disclosure Protocol and the CMS Self-Referral Disclosure Protocol. He also conducts due diligence as part of acquisitions to confirm that target companies are complying with all applicable health care regulations.
Prior to joining Arent Fox, Sam was a judicial clerk for Judge Justice Warren Matthews of the Alaska Supreme Court.
Sam also worked at the Massachusetts Senate Ways and Means Committee, where he conducted budget analysis for health and human services accounts including welfare, child care, social services, mental health, mental retardation, and elder affairs.
Sam is a member of the American Health Lawyers Association and the American Bar Association.
Blog Posts by Samuel C. Cohen
In the Compliance Today article, “OIG’s revised exclusion criteria: Reducing the risk,” Arent Fox Health Care partner and leader of the DC practice Linda Baumann and Health Care associates Samuel Cohen and Hillary Stemple discuss the updated criteria that the US Department of Health and Human Services Office of Inspector General (OIG) will consider when deciding whether to exercise its permissive exclusion authority. The law gives the OIG discretion to exclude individuals or entities from participation in federal health care programs on numerous grounds, and such exclusion is often referred to as a financial “death sentence.” In addition to describing the new features in the OIG guidance, including the risk factors that the OIG is likely to consider in making the exclusion determination, the article provides guidance on steps that may help reduce the risk of exclusion.
Please join Arent Fox associate Sam Cohen on Thursday, September 15, from 1:00-2:30 PM Eastern for a Strafford live CLE webinar titled OIG and CMS Voluntary Self Disclosures: Weighing the Risks and Rewards of Self Reporting.
About this CLE Webinar
Counsel to health care providers must understand the potential tools for resolving Stark law or Anti-Kickback Statute violations. The options have never been so varied as they are now, with each pathway presenting its own advantages and disadvantages. There is also the challenge of navigating these pathways and their peculiar requirements and measures. This webinar will provide guidance to health care counsel on the OIG’s SDP and settlements under CMS’ SRDP. The webinar will also outline guidance for evaluating the risks and rewards of disclosing potential violations.
ABOUT ARENT FOX LLP
Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.