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.
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.
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.
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