Patrick Formato is an Executive Partner, Director of the Health Law Practice group at Abrams Fensterman, LLP.
Mr. Formato represents a variety of health care providers including skilled nursing facilities, diagnostic and treatment centers, ambulatory surgery centers, urgent care centers, imaging centers, home health care agencies, assisted living facilities, management service organizations, physicians and physician groups in connection with mergers and acquisitions, fraud and abuse, government investigations, corporate structure, regulatory issues, corporate compliance, managed care, Medicare and Medicaid audits, managed care agreements, partnership disputes, employment, shareholder and partnership agreements, certificates of need, real estate and general business/corporate matters.
Recognized by his peers and clients as a knowledgeable and talented health care attorney, Mr. Formato has been asked by many health care and professional organizations to present programs on such topics as fraud and abuse, corporate compliance, reimbursement, and provider contracting.
In addition to lecturing, Mr. Formato has written articles and has been published in professional and industry journals and newsletters. He has also authored several chapters and served as an Editor of the Legal Manual for Physicians that was published by the New York State Bar Association in conjunction with the Medical Society of the State of New York, and is a contributing author of “The Biggest Legal Mistakes Physicians Make and How to Avoid Them.” Mr. Formato has been designated as a New York Super Lawyer since 2013, a distinction earned by only 5% of the lawyers in the NY metro area and received the Leadership in Law award from the Long Island Business News in 2013. Mr. Formato has been selected by his peers for inclusion in The Best Lawyers in America® in the practice area of health care law since 2020.
He received a J.D., cum laude, from Albany Law School and a B.A., cum laude, from the State University of New York at Albany. Active in legal and professional associations, Mr. Formato is a member of the American Health Lawyers Association, the New York State Bar Association’s Health Law Section, and the Nassau County Bar Association’s Hospital and Health Law Committee. He also served as Chairman of the Health and Hospital Committee of the Nassau County Bar Association, and was a member of the Executive Committee of the Health Law Section of the New York State Bar Association.
- Successfully represented a physician group in connection with a joint Federal and State Civil False Claims investigation and Qui Tam action which resulted in both the US Attorney’s office and the New York State Attorney General’s office decision to decline to intervene in the case and resulted in the Qui Tam relator’s withdrawal of its action.
- Represented three skilled nursing facilities and related real estate entities in a $100 million plus sale of the operations and real estate of the nursing homes.
- Represented a Not-For-Profit skilled nursing facility in connection with its sale and associated receivership and 510/511 petition.
- Represented a physician group in its acquisition of dozens of other practices and corporate restructuring which eventually yielded a private equity sales transaction.
- Successfully represented an ambulatory surgery center in connection with the Centers for Medicare and Medicaid’s proposed termination of the facility from the Medicare program.
- Represented large anesthesia group in connection with its merger with another large anesthesia group.
- Represented owner of several assisted living facilities in connection with a partnership dispute and eventual separation and purchase and sale agreement.
- Represented owner of assisted living facilities in connection with the buy out of her partners.
- Represented psychology practice in a complicated sales transaction.
- New York
- New Jersey
- Albany Law School at Union University, Albany, New York
- J.D. (Cum Laude)
- State University of New York, Albany, New York
- B.A. (Cum Laude)
Honors and Awards
- Society of St. Johnland Annual Golf Classic Honoree, 2022
- New York Metro Super Lawyers, 2013-Present
- Best Lawyers of America, 2020 – Present
- Long Island Business News’ Who’s Who in Healthcare Professionals and Healthcare Law, 2020
- Leaders in the Law – Health Law, New York Magazine, June 2018
- Long Island Business News’ Leadership in Law Award, 2013
Professional Associations and Memberships
- American Health Lawyers Association, Member
- New York State Bar Association, Health Law Section, Member
- Nassau County Bar Association, Past Chairman, Health and Hospital Committee
- The 10 Biggest Legal Mistakes Physicians Make When Negotiating Buy-ins (Chapter 12), Contributing Author, The New Partner’s Perspective
- Legal Manual for New York Physicians, Sixth Edition (2 vols.), Co-Editor
- Legal Manual for New York Physicians, Fourth Edition, Co-Editor
- On the Role of the Medicaid Fraud Control Unit, Author, New York State Bar Association Health Law Journal
- The “Step-Up” in Enforcement of Nursing Homes: Recent Survey Trends, Co-Author, New York State Bar Association Health Law Journal
- Continuum of Care in New York State, Co-Author, NYSBA Elder Law Section, Long Term Care Conference
- Navigating a Fraud and Abuse Concern: Skilled Nursing Facility Arrangements with Ancillary Providers, Author, New York State Bar Association Health Law Journal