AF Monogram
Practice Areas

Audit/Refund and Demand

Home > Practice Areas > Health Law > Audit/Refund and Demand

Audit/Refund and Demand Attorneys

At the offices of Abrams Fensterman, LLP, when it comes to insurance audits, our goal is to evaluate and minimize any potential liability, establish a defense when liability may exist, and assist the client in correcting any potential areas of vulnerability to future audits and repayment demands. Our health law attorneys have established a multi-tiered approach to medical record and billing audits received by our clients, keeping in mind that there is no “generic” or “routine” audit, as each physician or practice has its own unique attributes and qualities. Accordingly, we analyze and prepare each case based on its own characteristics.

The first step in our process is to review and categorize the medical record/audit demand received by the client. There are several different types of demands that a client may receive, including demands which are purported to be issued solely for data collection purposes. This evaluation includes an analysis as to whether the audit involves only private carrier funds or whether it includes government funds distributed through the Medicare or Medicaid programs; whether there is an indication that the carrier is looking into issues of fraud or abusive billing and whether the client is a participating provider with the carrier. All of the aforementioned, as well as a multitude of other details, are evaluated so as to formulate an initial strategy to comply with the demand for medical records if required and defend any potential repayment demand.

The second step in our process commences if its determined the medical records are going to be provided. At this point we work in conjunction with the client to assemble the requested medical records and perform an “in house” preliminary assessment. In addition to experienced and knowledgeable attorneys from our Insurance and Audit Department, Abrams Fensterman, LLP has several staff attorneys and personnel who are licensed medical professionals. When necessary, these medical professionals participate in our review. Further, Abrams and Fensterman, LLP maintains professional relationships with multiple certified professional coding companies that may be utilized. In general, clients are recommended to have their records evaluated by one of our coding professionals for both strategic and prophylactic reasons.

When all of the aforementioned is completed, an analysis on the substantive claims and coding issues is performed, as well as a statutory analysis to determine whether the client may have procedural defenses limiting their exposure to a repayment demand in the event that it is determined the client may have exposure, a defensive strategy is created with the assistance of the client and any professional coders utilized, and a strategy of negotiation is implemented. Further, the reasons for the liability are evaluated and recommendations provided so that corrections and changes may be implemented by the client in order to reduce the risk of exposure in the event of any future record demands and audits.

At Abrams Fensterman, LLP we believe that this comprehensive approach to the audit process not only provides the best possible results, it also places clients in the best possible defensive position in the event additional record/audit demands are received in the future from the same or different carriers.

Contact Our Law Firm

For further information about insurance audit help, please contact our law firm on Long Island at 516-328- 2300, in Brooklyn at 718-215-5300, in White Plains at 914- 607-7010, in Rochester at 585-218-9999 or in Albany at 518-535-9477 to schedule an initial consultation.

Contact Us

Local Respect,
State-Wide Reach

For further information about our corporate and securities experience, please contact our law firm on Long Island at 516-328-2300, in Brooklyn at 718-215-5300, White Plains at 914-607-7010, Rochester at 585-218-9999 or Albany at 518-535-9477 to schedule an initial consultation.

Our Locations

  • Long Island

    3 Dakota Drive

    Suite 300

    Lake Success, NY 11042

    Tel: (516) 328-2300 Fax: (516) 328-6638
  • Brooklyn Metrotech

    1 MetroTech Center

    Suite 1701

    Brooklyn, NY 11201

    Tel: (718) 215-5300 Fax: (718) 215-5304
  • White Plains

    81 Main Street

    Suite 400

    White Plains, NY 10601

    Tel: (914) 607-7010 Fax: (914) 607-3595
  • Albany

    54 State Street

    Suite 803

    Albany, NY 12207

    Tel: (518) 535-9477 Fax: (518) 535-9476
  • Rochester

    2280 East Avenue

    First Floor

    Rochester, NY 14610

    Tel: (585) 218-9999 Fax: (585) 218-0562