Health Law Compliance Assistance from Salem Attorney Paul E. Levenson
"Regulation" has become a key word in health care today. Whether it is the latest complication of the HIPAA Privacy and Security Rules, Medicare or Medicaid, Stark, or other state and federal statutes and regulations, missteps can be costly and unfavorable to professional standing. Having the advice and support of a senior lawyer with substantial Health Law experience can help to keep this part of your practice or the operations of your facility under control. Let me introduce myself: I am Paul E. Levenson, Esquire, an Attorney at Law since 1955. During the past two decades I have been increasingly engaged in Health Law. My approach has been to identify the critical compliance issues that are integral to our health care delivery system and provide guidance as to how to deal with them. In addition to my Health Law practice, I also have experience with Antitrust issues, as well as Employment Law. Often these areas of law are related, and an experienced attorney can give you guidance to help you through your matter. I see it as my role to help you create and implement policies and procedures that address these legal issues while you devote your time, attention and efforts to patient care. I invite you to contact me about any regulatory issues that are matters of concern for your practice or your facility.
14 Lynde Street
Salem MA 01970-3404
Salem Health Law Attorney Paul E. Levenson
In addition to the professional rules that govern the operations of your practice or your facility, the onset of the HIPAA Privacy and Security Rules intensified state and federal efforts to protect patients' health information from unlawful access, use and identity theft. As we move further into replacing paper records with electronic systems that maintain and transmit patient health information, the trend toward additional regulation, backed by stiff penalties is likely to continue and possibly to accelerate. For example, the "HITECH ACT" adopted in February 2009 as part of the Stimulus Bill has dramatically rewritten HIPPA requirements, and shifted the basis from regulations issued by federal agencies to statutes passed by the Congress and signed into law by the President. This change alone promises a more intense national effort to control the handling of patient health information that now extends beyond health care providers to organizations that serve as Business Associates. In addition to the HITECH ACT, there are on-going concerns arising out of the FTC's "Red Flag" Rules, Stark, Antitrust, (particularly joint venture clinical and/or financial integration), Anti-Kickback, mandated employee training, False Claims, Medicare, Medicaid, Private Health Insurance Plans, PBMs, responsible corporate governance, and the list goes on. Attention to the rights and obligations of both employers and employees is at "center stage" in this economy. In Health Care facilities and Provider practices a high level of care is needed when hiring where the position has access to confidential records or controlled substances. Conversely, dismissals must be handled in full compliance with the employer's own personnel policies and procedures as well as both state and federal law. In any health care setting, it is very important that everyone with access to patient health information be aware of the multiple rules governing the use and disclosure of that data. Violations resulting from lack of knowledge or from negligence (not to mention intentional misconduct) can be costly and damaging. In my health care practice, I have provided effective awareness training. It can be made available in person or in print or both. My professional goal is to enable my clients to deliver their health care services to their patients while staying on the safe side of the state and federal statutes and regulations that are increasingly impacting the delivery of health care at all levels. My approach is to remain in frequent contact with my clients in order to be pro-active by helping to establish practical, compliant policies and procedures, and by measuring their effectiveness in light of changing circumstances. Contact my office today to discuss your health law compliance with an experienced and caring lawyer.
Mr. Levenson, a member of Brandeis University's first graduating class, received his B.A. with honors in 1952. His J.D. was awarded by the Yale Law School in 1955. Mr. Levenson was the first Brandeis graduate to attend Law School.
Except for active duty with the U.S. Army Reserve from 1955 to 1957, Mr. Levenson has been in full active practice since his admission to the Massachusetts Bar in 1955, most recently as a principal in the Boston law firm of Davis, Malm & D'Agostine.
From 1963 to 1964 Mr. Levenson also served as a consultant to state government, and occasionally as a Special Assistant Attorney General. During this period, Mr. Levenson gained significant legislative experience as the author of two major public safety initiatives: the first no fix traffic citation law and the first breath test law'.
Mr. Levenson's public service has included the Swampscott Conservation Commission, the Finance Committee and the Board of Selectmen. Mr. currently serves as Trustee-Emeritus at Brandeis University, and past Trustee at Marian Court College.
For approximately the past twenty year, Mr. Levenson has been concentrating his practice in Health Law. He has successfully represented and advised physicians and pharmacists individually and in group and network practice settings.
Important components of his Health Law practice include compliance with state and federal regulations such as HIPAA, antitrust issues presented in provider joint ventures, and general corporate governance. In addition, Mr. Levenson has successfully represented health care providers in matters before their respective Boards of Registration
Employment Law issues frequently arise in the course of his practice. Some have come within the jurisdiction of the E.E.O.C., the M.C.A.D. and the N.L.R.B. Mr. Levenson has successfully represented employers and employees in these cases.
Mr. Levenson is a highly experienced attorney who is known for competence and close commitment to his clients. He is well positioned to assist you with preventative guidance to avoid complaints and conflicts, and also when complaints and conflicts arise.
Areas of Practice
-Health Law and Related Fields, including Employment and Antitrust
-U.S. District Court District of Massachusetts, 1958
-U.S. Supreme Court, 1972
-Yale Law School, New Haven, Connecticut
--J.D. - 1955
-Brandeis University, Waltham, Massachusetts
--A.B. cum laude - 1952
--Honors: With Distinction in American Studies
Honors and Awards
-U.S. Army Certificate of Achievement, 1957
-Honorary LL.D., Brandeis University, 1987
-Brandeis University Alumni Leadership Award, 1992
-Swampscott Distinguished Citizen Award, 2000
Professional Associations and Memberships
-Brandeis University, Trustee Emeritus
-Marian Court College, Trustee, Past Chairman
-Yale Law School Alumni Association, Executive Committee
-Brandeis University Alumni Association, Former President
-American Bar Association, Health Law Section
-American Health Lawyers Association
-Massachusetts Bar Association, Health Law Section Council
-Boston Bar Association, Member
-Essex County Bar Association, Member
-National Community Pharmacy Association
-Associate Member, Boston Chapter AIA
-Swampscott, Massachusetts Board of Selectmen, Former Chairman
Yale Law School
Juris Doctorate, 1955
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