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Biography
Lourdes M. Martinez is a Partner/Director at Garfunkel
Wild, P.C., which she joined in 1998. She is a
member of the firm’s Compliance and White Collar
Defense, HIPAA Compliance and Health Care Practice
Groups.
Ms. Martinez’s practice includes: defending clients in
criminal, civil and regulatory government actions;
assisting clients in implementing both fraud and abuse
and HIPAA compliance programs; and advising clients on a
wide array of compliance, regulatory and business
matters.
Ms. Martinez has defended clients in federal False
Claims Act cases, quality of care cases, physician
licensing matters and federal, state and other
third-party audits. Her clients include both for-profit
and not-for-profit skilled nursing facilities,
hospitals, home health agencies, physicians and other
providers.
Ms. Martinez frequently writes and lectures on
regulatory defense and compliance issues. Her published
works include articles written for the New York Health
Law Update and the New York State Bar Association’s
Health Law Journal. In addition, Ms. Martinez was a
contributing author to the Legal Manual for New York
Physicians, published by the New York State Bar
Association in conjunction with the Medical Society of
the State of New York.
Prior to joining Garfunkel
Wild, P.C., Ms.
Martinez was an Assistant District Attorney in the Kings
County District Attorney’s Office, where she prosecuted
hundreds of felony cases from inception through trial
and served as Special Counsel to the Crimes Against
Children Bureau. Ms. Martinez has also taught Civil
Trial Practice at St. John’s University School of Law as
an Adjunct Professor.
Ms. Martinez is admitted to practice law in New York and
New Jersey. She is a member of the American Health
Lawyers Association, the Healthcare Compliance
Association, the Nassau County Bar Association, and
serves on the Committee of the Health Law Section of the
New York State Bar Association.
Ms. Martinez received her law degree from St. John’s
University School of Law in 1992 and is a graduate of
the University of Scranton, where she received a B.S. in
Chemistry and Business in 1988.
Publications
Co-authored chapter of Legal Manual for New York
Physicians (Third Edition), entitled Fraud and Abuse.
New Jersey Legislature Mandates Hospital Trustee
Training, HCCA Compliance Today, August 2007
What
Every Compliance Officer Needs To Know About The
Deficit Reduction Act of 2005, HCCA Compliance Today, December
2006
Disclosure to Law Enforcement, Health Information
Compliance Insider, July 2006
Contributing Author to Chapter on "Fraud and Abuse,"
NYSBA Legal Manual for New York Physicians (2003)
Substandard Quality of Care Used as a Basis for False
Claims Act and Criminal Liability in Nursing Homes, NYSBA
Health Law Journal, Winter 2002
Contributing Author to the New York Health Law Update on
a variety of health care legal issues
Presentations
"Legal Update," Healthcare Financial Management
Association's (HFMA) Annual Reimbursement Seminar,
Uniondale, NY, February 3, 2012
When You Need and Don't Need Legal Representation for
OMIG, Joseph A. Levi 52nd Annual Institute presented by
the Metropolitan New York Chapter of HFMA,
March 11,
2011 (Panel Member)
"What Would You Do? Case Studies in Compliance and
Internal Audit", sponsored by the Metro New York Chapter
of HFMA , New York, NY, February 4, 2011
Accounting and Audit Update, Healthcare Financial
Management Association's Metro NY Chapter, East
Elmhurst, NY, December 3, 2010
Compliance Update at the Professional Development
Conference sponsored by the New York Association of
Homes and Services for the Aging, Saratoga Springs, NY,
October 26, 2010
RAC Audits Are Here:
Examining Appeals and Self-Disclosures, New Jersey
Hospital Association/Health Research & Educational Trust
of New Jersey Educational Program, Princeton, NJ, July
13, 2010
Section 2803-D Reporting
Requirements, NYAHSA Spring Training Institute and
Exhibition, Saratoga Springs, NY, May 26, 2010
Fraud and Abuse in Long Term
Care Programs, New York State Bar Association's 2010
Long Term Care Conference, New York, NY, May 14, 2010
Health Care Fraud and Abuse
Spring Seminar, hosted by Atlantic Business Products and
The Center to Promote Health Care Studies, New York, NY,
May 12, 2010
Voluntary Disclosures: The
Benefits and Risks of Self Reporting, HCCS Webinar,
March 30, 2010
OMIG & HIPAA: HITECH Seminar, Pharmacists Society of
the State of New York,
Getzville, NY, March 18, 2010
Restoration of License after
Revocation or Disciplinary Surrender and Interview and
Informal Settlement Conference Procedures, NYSBA
Continuing Legal Education Program entitled
"Representing Licensed Professionals Before the Office
of Professional Medical Conduct & the Office of
Professional Discipline," New York, NY, November 5, 2009
The Rollout of Medicare' s Recovery Audit Contractors (RACs)
Program, NJSOM Annual Conference, Atlantic City, NJ, October 8, 2009
Overview of OMIG Enforcement
Activities, HFMA Metropolitan Chapter's Mid-Year
Reimbursement Update, East Elmhurst, NY, September 11,
2009
Nursing Home Compliance in 2009, NYAHSA Spring Training
Institute & Exhibition, Saratoga Springs, NY, June 3,
2009
Top Ten Compliance Issues for 2009, HCCS
Webinar, April 15, 2009
Legal Aspects in Health Care/Release of Information,
Hybrid Medical Records & Medical Identity Theft, Long
Island Health Information Management Association,
January 21, 2009
Annual Audit and Reimbursement Update, Metro New York
HFMA, January 9, 2009
The New Compliance Environment, HFMA Metropolitan New
York Chapter,
November 14, 2008
The Deficit Reduction Act: Its Impact and Latest
Updates, HCCS Webinar,
January 18, 2008
Legal Aspects of Health Care, LIHIMA, January 9, 2008
Nursing Home Compliance - NYAHSA Spring Institute, Saratoga Springs, NY,
May 22, 2007
Dealing with Government Voluntary Disclosures, Corporate
Compliance Agreements, and Corporate Integrity
Agreements - CHA Corporate Compliance Conference, April
19, 2007
Compliance Update for Nursing Facilities and Home Health
Facilities - Presented to the Healthcare Financial
Management Association, February 16, 2007
Legal Aspects of Health Information: Compliance Update -
Presented to the Long Island Health Information
Management Association, January 3, 2007
Compliance Programs and the DRA: Are You Ready for
January 1, 2007? - Presented to the Intercounty Health
Facilities Association, Inc., December 7, 2006
New Laws, New Requirements: The DRA, HIPAA and the
Practice of Pharmacy - Presented to the Pharmacy Society
of New York, November 30, 2006
The Medicare Appeals Process - Presented to the HFMA
Annual Institute Recovery Audit Contractor (RAC) Panel,
March 2006
STARK II / PHASE II: New Exceptions, Reporting,
Enforcement and Penalties, April 2004
Honors
Who's Who in Women in
Professional Services, Long Island Business News
(August
7, 2009)
Honored by Long Island Business News as among "Long
Island's Top 50 Most Influential Women in Business"
(May 2009)
Long Island Business News - Ones to Watch - Law (January
2007) |