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19 November 2024
Shareholder, Bill Mandell, has been named a “Go To” Massachusetts lawyer in the field of health law by Massachusetts Lawyers Weekly in its August 19, 2024 edition. See https://massachusettslawyersweekly-ma.newsmemory.com/ and download PDF. MLW selects leaders in the Massachusetts legal community by practice area nominated by their colleagues as part of its on-going “Go To” series. For 2024, Bill has also...
4 November 2024
Pierce & Mandell, P.C. has been selected as a Massachusetts Medical Society Preferred Provider for legal services and is a Proud Corporate Partner of the Massachusetts Medical Society. We offer Massachusetts Medical Society Members discounted services for employment contract reviews and other matters. See https://www.massmed.org/pierce-mandell/
5 April 2024
Like med spas, weight loss centers, and other boutique wellness providers, IV infusion therapy practices are taking off. But what is IV infusion and who can operate these practices? Are there any other legal considerations that need to be evaluated? Prior to entering into this emerging market, it is important to understand the Massachusetts specific requirements surrounding these types of...
19 January 2024
Pierce & Mandell, P.C. shareholders Robert Kirby, Dennis Lindgren, Curtis Dooling, and Bill Mandell have been chosen as 2023 Massachusetts Super Lawyers by Boston Magazine. See https://www.superlawyers.com/top-lists/massachusetts/. Robert was selected in the field of Business Litigation, Dennis was selected in the field of Personal Injury, Curtis was selected in the field of Land Use & Zoning, and Bill was selected...
19 January 2024
Pierce & Mandell, P.C. shareholders Bill Mandell and Dennis Lindgren have been chosen as Top Lawyers by Boston Magazine. See https://www.bostonmagazine.com/news/2023/11/21/top-lawyers-2023/. Bill was selected in the field of health care law and Dennis was chosen for personal injury law.
18 January 2024
Pierce & Mandell, P.C. Dental and Business Lawyers, Bill Mandell, Hannah Schindler Spinelli and Julie Niejadlik, will be serving on the faculty of the 2024 Yankee Dental Conference, scheduled for January 25 - 27, 2024. They are presenting a course on Legal Issues for Practice Transitions and Start-Ups, Thursday, January 25 from 2 to 4pm. The course covers the major...
18 January 2024
By William M. Mandell, Esq., Hannah Schindler Spinelli, Esq., and Julie Niejadlik, Esq. January 16, 2024 The Corporate Transparency Act (“CTA”) is a new federal beneficial ownership information ("BOI") disclosure mandate starting in 2024. While establishing a large specific scope of exempted entities, the CTA does not exempt small professional practices, including medical and dental practices, that are owned and...
8 December 2022
Pierce & Mandell, P.C. shareholders Bill Mandell and Dennis Lindgren have been chosen as Top Lawyers by Boston Magazine. See https://www.bostonmagazine.com/news/2022/11/22/top-lawyers-2022/. Bill was selected in the field of health care law and Dennis is listed for personal injury law.
3 January 2022
Pierce & Mandell, P.C. Dental and Business Law Practice Area Leader, Bill Mandell, will be serving on the faculty of the 2022 Yankee Dental Conference, scheduled for January 27 - 29, 2022. Bill will presenting a course on Legal Issues for Practice Transitions and Start-Ups, Thursday, January 27 from 2 to 4pm. The course covers the major events in the...
17 December 2021
By: Curtis B. Dooling Receiving a letter from a licensing board about a patient who has filed a complaint is an unpleasant but all too common experience for licensed health and dental professionals. Each licensing board has its own regulatory process and standards that govern the licensure and discipline of licensees. In Massachusetts, the Board of Registration of Psychologists (“Board”)...
1 November 2021
Pierce & Mandell, P.C. Health Law Practice Area Leader, Bill Mandell, once again served on the faculty of MCLE’s Annual Hospital & Health Law Conference on October 22, 2021. He was the co-presenter on Representing Physician & Other Health Care Providers. Bill has served on the faculty of the annual conference on Massachusetts health law every year since 2003. The...
15 February 2020
For the 11th consecutive year, Pierce & Mandell, P.C. exhibited at the 2020 Yankee Dental Conference held on January 30 – February 1, 2020, attended by dentists and their staffs from New England and beyond, and by other strategic partners and service professionals in the dental community. Pierce & Mandell Dental Practice Group attorneys, Bill Mandell, Hannah Schindler Spinelli, Sam...
14 February 2020
Bill Mandell, Pierce & Mandell, P.C. Shareholder and Health Law Practice Group Head, will be the key speaker at the 2020 Annual Meeting of the Massachusetts Association of Practicing Urologists on April 15, 2020. Bill will lecture on the topic of “Legal and Compliance Issues and the Practice of Urology.” MAPU is dedicated to improving the standards and practice of...
24 April 2019
Pierce & Mandell, P.C. Health Law Practice Area Leader, Bill Mandell, will be serving on the faculty of MCLE’s Annual Hospital & Health Law Conference 2019, scheduled for May 23. The program is celebrating its 20th anniversary and is the preeminent health law conference in Massachusetts. Bill will co-presenting the session on health law for physicians. For additional details about...
4 February 2019
While Massachusetts law (See, Massachusetts General Laws Chapter 112, Sections 12X and 74D) has long provided that employed physicians and nurses cannot be subject to post-termination non-compete covenants, the Massachusetts Legislature has never extended the same unenforceability to such non-competes appearing in associate contracts for dentists. Massachusetts dental practice owners have thus come to rely on post-termination non-compete covenants as...
2 November 2018
Led by founding shareholders Bob Pierce and Bill Mandell, Pierce & Mandell has successfully represented hospitals, medical staffs and their executive committees, and individual doctors in peer review proceedings involving the revocation, suspension or modification of an individual doctor’s hospital privileges. These matters carry great weight and pit competing interests against each other: for the hospital and medical staff, patient...
21 May 2018
Bill Mandell was quoted in the May 2018 ED Legal Letter article on case law expanding ED’s legal exposure if discharged psychiatric patient commits violence.
4 May 2018
By Curt Dooling, Matt Lauring and Bill Mandell Hospitals and health care facilities, medical and other group practices, and individual clinicians regularly receive requests for patient records and information. It is often confusing for providers to determine when and under what circumstances they are permitted to disclose such records. Discovering parties can use the legal process to compel a response...
22 January 2018
When buyers and seller of dental, medical and other professional practices begin to think about practice sales, associate buy-ins, mergers or other major acquisition events, most of the focus is on the substantive terms. What is the value of the practice? What is being purchased and sold and what is the purchase price? How will the deal be structured and...
17 January 2018
For the ninth consecutive year, Pierce & Mandell, P.C. is proud to be part of the Yankee Dental Congress, January 25th through January 27th at the Boston Convention & Exhibition Center. Yankee Dental Congress is an educational program and convention that draws thousands of dental professionals each year. Pierce & Mandell attorneys who focus on representing dental professionals and practices...
6 April 2017
Bill Mandell was quoted in the April 2017 Emergency Department Legal Letter article on visitors and guns in hospital emergency departments and suggested a useful policies for hospitals to consider.
6 December 2016
For the 12th year in a row Pierce & Mandell, P.C.’s Bill Mandell, was a faculty member at the MCLE Annual Massachusetts Health and Hospital Law, 2-day conference on November 21 and 22, 2016. Bill co-presented the panel on the law of physicians. He is also a co-author of the related MCLE publication, the Massachusetts Health and Hospital Law Manual....
1 December 2016
By Karen Rabinovici The state-sponsored Health Information Exchange, known as the Mass HIway, was launched in October 2012, offering doctors’ offices, hospitals, laboratories, pharmacies, skilled nursing facilities, and other healthcare organizations a method by which to securely exchange information electronically with each other. The aim of the Mass Hiway was to improve care coordination and delivery, avoid readmissions and medical...
17 June 2016
by Bill Mandell In the wake of yet another senseless mass killing tragedy I am posting an article I wrote in 2013 for the Boston Bar Association Health Law Reporter on the need for a new law in Massachusetts allowing health care providers to report dangerous persons or situations. Click here to read the article.
31 May 2016
Pierce & Mandell was a proud sponsor of the third annual St. Camillus Health Center golf tournament held at Blissful Meadows Country Club in Uxbridge on May 24. The tournament raised thousands of dollars for St. Camillus, a non-profit facility located in Whitinsville that provides rehabilitation, skilled nursing and short and long term care to the poor, sick and elderly. ...
13 April 2016
Health Law Practice leader, Bill Mandell, will be a featured panelist on April 28, 2016 at the Boston Bar Association’s seminar entitled: “New DOI Guidance on Direct Primary Care Practices in Massachusetts.”
2 February 2016
For the seventh consecutive year, Pierce & Mandell, P.C. was proud to be part of the Yankee Dental Congress, held January 28th through January 30th at the Boston Convention & Exhibition Center. Yankee Dental Congress is a trade show and convention that draws thousands of dental professionals each year. Pierce & Mandell attorneys William M. Mandell, Michael C. Fee, Hannah...
24 December 2015
Health Law Practice leader, Bill Mandell, will be a featured panelist on Thursday, January 7, 2016 at the Boston Bar Association’s seminar entitled “Accountable Care Organizations: How They Work, Do They Work?”
18 November 2015
By Thomas Kenney and Brandon Saunders If the image of the crumbling state hospital in the Leonardo DiCaprio film Shutter Island seems eerily familiar, it may be because the building used in the film was the former Medfield State Hospital, itself shuttered along with most state hospitals as the Commonwealth moved away from institutional care in favor of a community-based...
14 October 2015
Bill Mandell was quoted in the attached article Are ED Policies Inflexible? featured in the publication ED Legal Letter (November 2015), discussing the importance of having good EMTALA policies for hospitals and their medical staffs. To see the article click here.
2 June 2015
Bill Mandell, Head of Pierce & Mandell’s Health Law Practice, was recently quoted in an article appearing in the publication, ED Legal Letter, on the use of quality metrics and physician guidelines in malpractice suits. To see the article click here.
27 May 2015
One of the great pleasures we have as health lawyers is the opportunity to work with caring and innovative professionals who are constantly striving to re-engineer and improve our system of health care delivery for their patients. One such new innovation taking root here in Massachusetts, and growing around the country, is direct primary care (DPC), a new model of...
5 May 2015
By Brandon Saunders Governor Charlie Baker’s recent description of drug addiction in Massachusetts as a “public health emergency” is a welcome acknowledgement of a crisis that is swamping treatment centers, hospitals and the criminal justice system. The Governor is asking a task force he assembled to come back with strategies for dealing with addiction, treatment and recovery. Those recommendations are...
30 April 2015
By William Mandell, Esq. and Karen Rabinovici, Esq. The Medicare Access and CHIP Reauthorization Act of 2015 (“MACRA”) -- passed this month in an unusual bipartisan effort -- permanently repealed the Medicare Part B Sustained Growth Rate formula that would have resulted in a 21.2% cut to physician reimbursement scheduled to take effect on April 1, 2015. It also notably...
19 March 2015
by Curtis Dooling On March 10th, the Centers for Medicare and Medicaid Services launched a new Accountable Care Organization (ACO) program called the Next Generation ACO. The Next Generation ACO builds on earlier ACO models. ACOs were established under the Affordable Care Act to provide high-quality care to Medicare beneficiaries through coordination of doctors, hospitals, and other health care providers....
24 July 2014
William M. Mandell was quoted in the July 2014 Physician Risk Management article entitled: “Sunshine Act reporting has implications for malpractice litigation”.
18 July 2014
By: Scott M. Zanolli and William M. Mandell, Esq. While reasonable minds may debate the methodologies and cost shifting associated with the Affordable Care Act, it is undeniable that millions of individuals have gained access to the health care system this year as a result of its implementation. Increased access brings many challenges for professionals at all levels to provide...
19 March 2014
Pierce & Mandell, P.C. is proud to be a sponsor law firm for the Annual Schwartz Center Health Policy Breakfast, to be held on Friday, April 4. This year’s program will focus on the Schwartz Center's Call to Action, which outlines seven guiding commitments to create a more compassionate healthcare system. Peter Slavin, MD, CEO of MGH; Sandra Fenwick, CEO...
9 September 2013
By Karen Rabinovici, Esquire The September 23, 2013 deadline for compliance with the final Omnibus Rule which amends HIPAA and the HITECH Act, called the “Mega Rule,” is just 15 days away. The Mega Rule, which became effective on March 26, 2013, calls for medical providers to update and revise privacy policies, procedures and notices, business associate relationships and agreements,...
10 July 2013
William M. Mandell who heads Pierce & Mandell’s Health Law Practice authored an article entitled: “Should I Tell Someone?” Permissible Disclosures by Massachusetts Health Providers and the Need for Greater Statutory Clarification which was published in the Boston Bar Association's Health Law Reporter Summer 2013 edition. To read this article, click here.
1 July 2013
The federal HHS Office of Civil Rights recently adopted final HIPAA regulations covering a broad range of topics, to strengthen privacy and security protections for individual health information. This blog is another in a series examining these new regulatory requirements. By Dean P. Nicastro, Esq. The new HIPAA Final Rule for Privacy, Security, Enforcement and Breach Notification (adopted in January...
1 May 2013
By Dean P. Nicastro Last month, the Centers for Medicare & Medicaid Services (CMS) and the Office of Inspector General of the U.S. Department of Health and Human Services (OIG) proposed similar amendments to the Stark exception and to the Anti-Kickback safe harbor for the donation of electronic health records (EHR). The current rules permit hospitals, group practices and other...
1 April 2013
NEW HIPAA LIMITATIONS ON USE AND DISCLOSURE OF PROTECTED HEALTH INFORMATION AND REQUIRED CHANGES TO NOTICE OF PRIVACY PRACTICES AND POLICIES (I)The United States Department of Health and Human Services Office of Civil Rights final modified HIPAA regulations under the HITECH Act are now in effect and health care providers must achieve compliance with all of the new requirements by...
18 March 2013
The federal HHS Office of Civil Rights recently adopted final HIPAA regulations covering a broad range of topics, to strengthen privacy and security protections for individual health information. This blog is Part 1 in a series. By Dean P. Nicastro, Esq. Business Associates. The new HIPAA regulatory amendments make business associates directly liable for various requirements in the HIPAA...
15 March 2013
By: Rebecca Merrill, Esq. Massachusetts hospitals and medical groups contemplating a proposed acquisition, integration or affiliation must be aware of a new governmental reporting mandate and cost/market based oversight unique to Massachusetts that has just gone into effect. The Massachusetts Cost Containment Law, passed last year, establishes a new requirement that every Massachusetts provider and provider organization must submit notice...
13 March 2013
By: Kate L. Auerbach, Esq. All dental providers that participate in MassHealth must understand that while they may code for the services they perform using the federally mandated American Dental Association’s (“ADA”) Code on Dental Procedures (the “Code”), MassHealth will look to 130 CMR 420.000 and 450.000 which contain the specific state regulations governing dental services. All dental providers participating...
25 February 2013
By Dean P. Nicastro Massachusetts’ new Prescription Monitoring Program (PMP) Law (Chapter 244 of the Acts of 2012) provides that practitioners who prescribe controlled substances (Schedules II-V) will be automatically registered as participants in the state’s PMP when they obtain or renew their Massachusetts controlled substance registration. This provision took effect January 1, 2013, and the Massachusetts Department of Public...
21 February 2013
By: Rebecca J. Merrill, Esq. Time is Running Out: March 23rd is the Deadline for Nursing Facilities to Implement Mandatory Compliance & Ethics Programs On or before March 23, 2013, Medicare and/or Medicaid certified nursing facilities must have in operation a Compliance & Ethics Program that is effective in promoting quality of care and preventing and detecting criminal, civil and...
18 February 2013
by William M. Mandell The Centers for Medicare and Medicaid Services (“CMS”) released its final Sunshine Rule on February 1. This Rule implements the federal open transparency system, passed as part of Affordable Care Act that requires manufacturers of drugs, devices, biological, and medical supplies covered by Medicare, Medicaid, or the Children's Health Insurance Program to report payments or other...
6 February 2013
By Dean P. Nicastro Massachusetts health care providers (including hospitals, clinics, nursing homes, physicians, dentists, podiatrists, chiropractors, nurses, etc.) are now subject to the benefits and challenges of a new health care law impacting the arena of medical mistakes. Section 79L of Massachusetts General Laws Chapter 233, which took effect November 4, 2012, the so-called “Disclosure and Apology Law,” protects...
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