Joshua S. Werbeck

Associate

JWerbeck@bhlawpllc.com

Direct Dial: 315.701.6447
Direct Fax: 315.423.2892
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Practice

Joshua Werbeck joined Green & Seifter in September 2010. Josh's primary practice areas include Health Care, Business Transactions, Employment Law, and Tax Law.

Health Care
Josh regularly advises physician groups, hospitals, and other health care providers on regulatory compliance, corporate and transactional issues, and government investigatory matters, including New York and Federal health care regulations, the HIPAA Privacy Rule, Stark Law, Anti-Kickback Statute, and Office of Inspector General ("OIG") or N.Y.S. Office of Medicaid Inspector General ("OMIG") investigations.

Josh Werbeck has extensive experience representing physicians, pharmacists, and other health care professionals included on the OMIG or OMG Medicaid or Medicare Exclusion Lists – also known at the List of Excluded Individuals and Entities ("LEIE"). Joshua represents health care professionals at every stage of the Exclusion List process including the initial investigation and potential sanction through the administrative appeal for removal from the Exclusion List.

Joshua is well versed in the evolving process under federal and New York State law for forming and regulating Accountable Care Organizations ("ACO"). He is currently working with a number of health care providers and organizations applying for participation in the federal Medicare Shared Savings Program ("MSSP") as an ACO and actively following the N.Y.S. Department of Health's efforts to create a New York's ACO Demonstration Program and its accompanying regulations.

Business Law
Josh Werbeck is a business attorney who advises businesses and owners in every part of establishment, operation, and purchase and sale of assets and interests. Joshua regularly advises individuals and business on the initial formation of business entities, including LLCs, Corporations, and Not-For-Profit Corporations, general corporate matters, such as buy-sell agreements, stock purchases, and non-compete agreements, tax compliance issues, and in many aspects of business transactions.

Employment and Discrimination
Joshua Werbeck advises businesses and individuals on employment and labor law matters, including employment contracts, implementation of company policies and handbooks, employment termination issues, workers' compensation issues, wage and overtime requirements under New York and federal law, and Davis Bacon or prevailing wage requirements. Joshua regularly represents businesses and individuals before the N.Y.S. Division of Human Rights regarding discrimination and sexual harassment complaints, as well as representation before federal and state courts on employment discrimination related matters.

Educational Background
Before joining Green & Seifter, Josh Werbeck graduated from Siena College and Syracuse University College of Law ("SUCOL"). While in law school, Joshua represented the Class of 2010 on SUCOL's Student Senate and served as Executive Director of the Moot Court Honor Society, a trial and appellate advocacy organization with instructional and competitive functions.

Joshua Werbeck interned with the Civil Division of the United States Attorney's Office for the Northern District of New York ("NDNY") during the 2008 through 2009 academic year where he assisted in federal enforcement of the Stark Law and Anti-Kickback Statute, among other matters. Joshua also worked as a member of the Low Income Tax Payer Clinic at SUCOL where he represented individuals before the United States Tax Court and Internal Revenue Service and as a member of the Syracuse University College of Law Bankruptcy Clinic where he represented individuals before the U.S. Bankruptcy Court.

By graduation, Josh Werbeck had earned several awards, including the C.A.L.I. Excellent Award for the highest grade in his Legal Writing course and the New York State Academy of Trial Lawyers Leadership Award for his leadership of the Moot Court Honor Society and its annual trial and appellate competitions. Josh was also inducted in to Justinian Honorary Law Society and the National Order of Barristers.

Bousquet Holstein PLLC Tax Advocacy Practice Group Blog

Recent Experience

Joshua Werbeck represented a pharmacist included on the N.Y.S. Medicaid Exclusion List and Federal Medicare Exclusion List for over 20 years and successfully achieved removal from both. Despite the long period of inclusion on the Exclusion Lists, Josh negotiated immediate removal from both with zero monetary penalties.
Joshua Werbeck represents the Syracuse Adult Kickball Association ("SAKA") and has advised its owners on formation, tax issues, sports law, and real estate matters, including obtaining site-planning and special permit approval for operation of its athletic facility in the Town of Salina.
Joshua Werbeck has represented numerous businesses before the N.Y.S. Division of Human Rights ("DHR") and, in a number of cases, achieved a no probable cause determination to dismiss the claims of discrimination or harassment before a protracted investigation.
Joshua Werbeck represents individuals and businesses in disputes with the N.Y.S. Department of Taxation and Finance and the Federal IRS. Tax issues Josh has addressed include representation of businesses facing sales tax and tax credit audits, representation of individuals facing challenge to their business deductions, and advising companies on corporate tax matters, including the accumulated earnings tax.

Professional and Community Involvement

Josh Werbeck is a lifelong resident of Central New York ("CNY") having grown-up in North Syracuse and graduated from Cicero-North Syracuse High School ("CNS") where he served as Senior Class President. Today, Josh Werbeck volunteers for the Syracuse Say Yes to Education Legal Clinic where he helps advance the comprehensive and holistic goals of Say Yes. Joshua Werbeck also volunteers as a Family Court Advocate at the Onondaga County Courthouse for Vera House, a comprehensive domestic and sexual violence service agency. Josh is a member of the Onondaga County Bar Association, New York State Bar Association, and American Bar Association. He is an avid supporter and fan of WRVO, This American Life, the Moth, and Syracuse University Sports.

Recent Publications and Presentations