Philip Rosenberg

Philip Rosenberg focuses his practice in the health care area. His experience includes representing health care providers in a wide range of regulatory, transactional and litigation matters, with particular emphasis on reimbursement, compliance, fraud and abuse, licensure, network and managed care, tax-exemption and ERISA issues. He also provides regular counsel to health care and other employers regarding matters arising under federal and state labor and employment laws.

AREAS OF FOCUS

Health Care
Philip represents hospitals, health networks, physician practices, nursing homes, home health care agencies, assisted living providers, adult homes, ambulance companies, medical transportation companies, and other providers and trade associations in regulatory, transactional and litigation matters.

Philip regularly works with and appears before the New York State Department of Health, as well as the Office of the Medicaid Inspector General, Office for People with Developmental Disabilities, and Office of the Attorney General at the state level and the Centers for Medicare & Medicaid Services and Office of Inspector General at the U.S. Department of Health and Human Services at the federal level. In these regards, he advocates for clients on a range of regulatory issues that impact their operations such as licensure, reimbursement, fraud and abuse, professional relationships, managed care and tax-exempt matters.

Clients also appreciate and leverage Philip’s regulatory experience to assist in completing a wide range of transactional health care matters. He has structured managed care relationships, drafted provider and payor agreements, and negotiated and drafted provider acquisition agreements.

Philip represents health care providers in litigation before regulatory agencies and in the courts arising from enforcement activity under state hospital reimbursement law, Medicare and Medicaid. He also provides representation in litigation seeking to invalidate a regulation or challenge a statute when such action is deemed to be in the client’s best interest.

Employment & Labor
Philip has counseled and defended employers in claims arising from a range of federal and state employment laws, including Title VII of the Civil Rights Act, Americans with Disabilities Act, Family Medical Leave Act, Age Discrimination in Employment Act, Fair Labor Standards Act, and the State Executive and Labor Laws. He has drafted and negotiated employment and severance agreements, and has a particular background in matters under ERISA (Employee Retirement Income Security Act of 1974). He was co-author of appellant briefs in two leading ERISA preemption cases before the United States Supreme Court.


PROFESSIONAL ACTIVITIES

Philip is a frequent lecturer to local, state and national businesses and trade associations. He is a former adjunct professor at Union College and taught at the State University of New York – Albany and the College of St. Rose. He has published dozens of articles on reimbursement, licensure, fraud and abuse, managed care, employment and ERISA topics.