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Robert E. Mazer

Senior Counsel

Robert Mazer represents clinical laboratories, hospitals, and other health care providers in connection with payment, compliance and regulatory issues.

Professional Biography

Overview

Robert Mazer represents clinical laboratories, hospitals, and other health care providers in connection with payment, compliance and regulatory issues.

Mr. Mazer advises health care providers on a broad range of payment and compliance issues, including Medicare, Medicaid and other third-party payment rules, the Federal Anti-kickback Statute, the Eliminating Kickbacks in Recovery Act (EKRA), the Stark Law, and the Clinical Laboratory Improvement Amendments of 1988 (CLIA). He also represents clients with related disputes with government agencies, CMS contractors and private insurers.

Mr. Mazer has extensive experience with legal, regulatory and business issues related to clinical laboratory and anatomic pathology services, including genomic testing such as pharmacogenetic and predictive tests. He assists clients with billing, discount and pricing issues, medical necessity and related documentation requirements, lab-to-lab referrals and reference lab agreements, the 70/30 or shell lab rule, issues raised by out-of-network status, including waiver of coinsurance or copayments and deductibles, TC/PC billing, and management contracts, leases and other financial arrangements with physicians, hospitals and other referral sources. He also defends companies facing government investigations and those who are parties to regulatory or payment disputes, including recoupment actions based on medical necessity determinations or other payment requirements and CLIA sanctions. Mr. Mazer has successfully defended CLIA revocation actions, including those based on allegations of improper referral of proficiency testing (PT) samples.

Mr. Mazer has significant experience before the Provider Reimbursement Review Board (PRRB) and in related federal court actions. His financial background, including prior service on the AICPA committee that develops the Audit and Accounting Guide for Health Care Organizations, provides Mr. Mazer with a substantial knowledge base regarding accounting principles, cost computations and fair market value determinations.

Mr. Mazer has co-authored compliance manuals related to Medicare fraud and abuse prohibitions, generally, and the Stark Law, specifically, which were published by Washington G-2 Reports. He has also contributed chapters on legal issues related to clinical laboratory testing and on CLIA, and coding and payment principles applicable to laboratory and pathology services.

A frequent lecturer and author, Mr. Mazer has spoken at conferences sponsored by the American Institute of CPAs, Clinical Laboratory Management Association, American Health Lawyers Association and Washington G-2 Reports. Mr. Mazer served as the coordinator of the Laboratory Immersion Session for the 2016, 2017 and 2018 Compliance Institute sponsored by the Health Care Compliance Association and addressed clinical laboratory issues at the 2019 Compliance Institute. He is also manager of the Laboratory Legislation Regulation group on LinkedIn.

Professional Honors & Activities

Professional Memberships

Honoraries

  • Recipient – Outstanding Speaker Award, American Association for Clinical Chemistry (2015)
  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
Publications
Speaking Engagements
  • "Recent and Emerging Issues Related to Clinical Laboratory Testing and How to Avoid Them," HCCA Compliance Institute (April 2019)
  • "Recent and Emerging Issues Related to Clinical Lab," G-2 Lab Leadership Summit (March 2019)
  • "Eliminating Kickbacks in Recovery Act (EKRA)," HCCA Webinar (March 2019)
  • "Laboratory Compliance: Maintaining Compliance in an Uncertain and Changing Environment," HCCA Compliance Institute, Las Vegas, Nevada (April 2018)
  • Co-presenter – "Laboratory Compliance: Keys to Successfully Navigating Regulatory Minefields," HCCA Web Conference (April 2018)
  • "Compliance: Key Trends and Potential Vulnerabilities," Lab Institute 2017, G2 Intelligence (October 2017)
  • "Laboratory Compliance: Maintaining Compliance in an Uncertain and Changing Environment," Compliance Institute, Health Care Compliance Association (March 2017)

Awards

Industries

Education

  • University of Maryland School of Law, J.D.
    • Maryland Law Review, Research Editor
  • University of Maryland, B.S.

Admissions

  • Maryland
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Federal Claims
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Tenth Circuit

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