Brach Eichler Talks | Law & Legal Insights from Lawyers

Bipartisan Bill Targets Prior Authorization and Payment Practices in Medicare Advantage

In this episode, we break down the Medicare Advantage Improvement Act of 2026 (H.R. 8375/S. 4384) and what its proposed reforms mean for the healthcare industry. As bipartisan pressure mounts to address concerns over prior authorization delays and retroactive payment denials, our panel examines how this bill aims to standardize utilization management and increase transparency in Medicare Advantage plans.
Join us as we discuss:
The proposed 72-hour turnaround times for standard prior authorization requests.
New mandates for real-time determinations on routine services.
Why the bill prohibits coverage criteria more restrictive than traditional Medicare.
The potential financial and compliance implications for plans failing to meet these new standards.
Whether you are a healthcare provider, administrator, or legal professional, stay informed on how these legislative shifts could impact your operations and patient care delivery. 
📲 Read the full article here: https://www.bracheichler.com/insights/bipartisan-bill-targets-prior-authorization-and-payment-practices-in-medicare-advantage/
For more updates on the evolving healthcare landscape, subscribe to the Brach Eichler Talks podcast. You can read the full June 2026 Healthcare Law Update and reach out to Carol Grelecki, Jonathan J. Walzman, or Paul J. DeMartino, Jr. for additional guidance.
*This is intended to provide general information, not legal advice. Please contact the authors if you need specific legal advice.

The AI Rulings Every Litigator Needs to Know | Beyond the Brief with Keith J. Roberts

Welcome to the inaugural episode of Beyond the Brief with Keith J. Roberts, a new series on the Brach Eichler Talks podcast.
In this first episode, Keith tackles the rapidly emerging issues surrounding the use of artificial intelligence in litigation. Analyzing two recent decisions (Morgan v. v2x Inc. and Jefferies v. Har Cross Chemicals), the discussion breaks down how courts are navigating protective orders, confidentiality, and the rights of litigants when AI tools are introduced into discovery and case preparation.
Key takeaways from this episode include:
Platform Disclosure: The ruling in Morgan requiring parties to identify the specific AI tools they are using (such as ChatGPT, Claude, or Gemini) and why work product protections and "mental impressions" do not shield the choice of platform.
The Shift Toward Closed AI: Why courts are increasingly mandating closed AI environments to ensure confidential litigation data does not escape to third parties or enter large language models for unrelated use.
Pro Se Litigants: How FRCP 26(b)(3) work product rules are being applied evenly to pro se litigants navigating these new technological platforms.
Whether you are a legal professional, a litigant, or simply interested in the intersection of law and technology, this episode provides essential insights into how the courts are setting precedents for the future of AI in practice.
About the Host
Keith J. Roberts, Esq., is a Member and the Chair of the Litigation practice at Brach Eichler. Certified by the New Jersey Supreme Court as a Civil Trial Attorney, Keith is a leading practitioner in healthcare, regulatory, and complex commercial litigation. He frequently represents hospital systems, medical practices, and healthcare professionals in high-exposure cases, audits, and disputes.
Keith's track record has earned him widespread recognition across the legal industry. He is ranked in Chambers USA for Litigation: General Commercial and has been included in the "New Jersey Super Lawyers" list by Super Lawyers for Healthcare Litigation every year since 2017. Under his leadership, his team has also received the prestigious Litigation Department of the Year Award for Healthcare from ALM.
Contact Keith J. Roberts:
Email: kroberts@bracheichler.com
Phone: 973.228.5700
Web: https://www.bracheichler.com/professionals/keith-j-roberts/
*This is intended to provide general information, not legal advice. Please contact Keith if you need specific legal advice. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. For honors and awards methodology, visit https://www.bracheichler.com/awards-and-honors-methodology/

New Jersey Pharmacy Owner Sentenced to Prison For $2.5 Million Medicare Fraud Scheme

Join the attorneys at Brach Eichler Counselors at Law as we analyze critical developments in the healthcare sector. In this episode, we unpack the recent sentencing of a New Jersey pharmacy owner involved in a $2.5 million Medicare fraud scheme. We examine the mechanics of the fraud, the legal consequences for the defendant, and the broader implications for compliance within the industry. Stay informed on the evolving legal landscape and protect your practice with expert insights from our Healthcare Law team.
📲 Read the full article now: https://www.bracheichler.com/insights/new-jersey-pharmacy-owner-sentenced-to-prison-for-2-5-million-medicare-fraud-scheme/
For more information, contact:Riza I. Dagli | 973.403.3103 | rdagli@bracheichler.comRichard B. Robins | 973.447.9663 | rrobins@bracheichler.comCynthia J. Liba | 973.403.3106 | cliba@bracheichler.com
*This is intended to provide general information, not legal advice. Please contact the authors if you need specific legal advice.

NJ Cannabis Laws Explained (Part 1/4): Selling

Are you looking to enter the cannabis industry in New Jersey but unsure where to start?
Welcome to Part 1 of our 4-part series diving into the evolving landscape of New Jersey cannabis laws. In this first episode, we break down the essential rules for selling and operating a cannabis business in the Garden State. Whether you are a seasoned entrepreneur or exploring the market for the first time, we cover the foundational knowledge you need, including:- The legal distinction between "cannabis" and "marijuana" in NJ.- The role of the Cannabis Regulatory Commission (CRC).- The 6 different classes of CRC licenses and the timeline for conditional licenses.- The tax differences between adult-use recreational and medical cannabis.
📲 Access the Full Guide:Want to dive deeper into the details? Read our comprehensive FAQ PDF and explore more insights by visiting our full Cannabis Resource Center: https://www.bracheichler.com/insights/cannabis-laws-in-new-jersey-frequently-asked-questions-2025/
Need Legal Guidance for Your Cannabis Business?With decades of experience representing organizations in highly regulated fields, Brach Eichler provides sophisticated, cross-disciplinary legal services tailored specifically to the cannabis industry. Contact our Cannabis Industry Co-Chairs today:
John D. Fanburg, Managing Member📞 973.403.3107 | ✉️ jfanburg@bracheichler.com
Charles X. Gormally, Member📞 973.403.3111 | ✉️ cgormally@bracheichler.com
*This is intended to provide general information, not legal advice. Please contact the authors if you need specific legal advice.

Deadline Fast Approaching for Medical Practices to Have Accessible Diagnostic Equipment — Is Your Practice Ready?

Welcome to the Brach Eichler Talks podcast, where we explore and discuss today's trending legal topics. In this vital episode for healthcare administrators and providers, we break down the recent healthcare law alert regarding new Department of Health and Human Services (HHS) accessibility requirements.
On July 8, 2024, the HHS implemented new accessibility mandates for medical diagnostic equipment (MDE). These rules apply to all public and private entities receiving HHS funding, including Medicare and Medicaid participants. Whether you operate a dental practice, a physical therapy clinic, or a hospital, understanding these deadlines is crucial for your compliance and operations.
Key Topics Covered in This Episode:
Who is Affected: These requirements apply to doctors, dentists, hospitals, clinics, emergency rooms, and other health care providers that receive HHS funding and use MDE to provide healthcare services.
What Constitutes MDE: MDE includes, but is not limited to, examination tables, examination chairs for eye or dental exams and procedures, weight scales, mammography equipment, x-ray machines, and other radiological equipment commonly used for diagnostic purposes by health professionals.
The Upcoming 2026 Deadline: Effective July 8, 2026, all HHS-funded entities that use exam tables and weight scales must have at least one accessible examination table and one accessible weight scale that conform to the U.S. Access Board standards for accessible MDE.
New Equipment Purchases: If an HHS-funded entity purchases, acquires, or leases MDE after July 8, 2024, the MDE must meet applicable accessibility standards until the entity satisfies the required threshold for its equipment inventory.
Standard Facility Thresholds: For most healthcare settings that utilize MDE, including physician offices, hospitals, and outpatient entities, the threshold is at least 10% of each type of MDE in use in the facility (but no fewer than one unit) must meet the accessibility standards.
Specialty Facility Thresholds: For entities specializing in the treatment of conditions affecting mobility, such as rehabilitation centers and physical therapy entities, the threshold is at least 20% of each type of MDE in use in the facility (but no fewer than one unit) must meet the accessibility standards.
Staff Training Mandates: Entities must ensure they have staff trained to operate the accessible MDE. Furthermore, entities must ensure they have staff trained to assist patients with disabilities in transferring to the accessible equipment and positioning them on the equipment.
We Can Help
To ensure full compliance with the new accessibility requirements, contact us to address any questions you may have:
John D. Fanburg, Esq., Managing Member and Chair, Healthcare Law | jfanburg@bracheichler.com | 973-403-3107
Edward Hilzenrath, Esq., Member, Healthcare Law | ehilzenrath@bracheichler.com | 973-403-3114
Vanessa Coleman, Esq., Associate, Healthcare Law | vcoleman@bracheichler.com | 973-364-5208
Connect With Us: Don't forget to subscribe to our podcast on Spotify, Apple Podcasts, and YouTube. Follow us on LinkedIn and Facebook for updates on new episodes. For more information and resources, visit bracheichler.com.
Disclaimer: This is intended to provide general information, not legal advice. Please contact the authors if you need specific legal advice. 

CMS Implements Nationwide Moratorium on New DMEPOS Suppliers

In this episode, we break down the recent move by the Centers for Medicare & Medicaid Services (CMS) to implement a temporary, nationwide moratorium on new Medicare enrollments for certain durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) suppliers.
Tune in as we discuss the details of the six-month freeze that went into effect on February 27, 2026. We cover why existing enrolled DMEPOS suppliers remain unaffected, how CMS is leveraging this pause to combat fraudulent billing through its Comprehensive Regulations to Uncover Suspicious Healthcare (CRUSH) initiative, and what this means for state-level Medicaid and CHIP programs moving forward.
📲 Read the entire May 2026 Healthcare Law Update now: https://www.bracheichler.com/healthcare-law-update-may-2026/
For more information or to discuss how these regulatory changes may impact your business, reach out to Healthcare Law team members:
Joseph M. Gorrell | 973.403.3112 | jgorrell@bracheichler.comEdward J. Yun | 973.364.5229 | eyun@bracheichler.comCynthia J. Liba | 973.403.3106 | cliba@bracheichler.com
*This is intended to provide general information, not legal advice. Please contact the authors if you need specific advice.

Governor Sherrill Signs Law Granting Independent Practice Authority for Certain Advanced Practice Nurses

In this episode, we dive into a major legislative update impacting New Jersey’s healthcare landscape: Governor Mikie Sherrill's signing of P.L.2026, c.6. This new law permanently grants independent practice authority to certain Advanced Practice Nurses (APNs) in primary and behavioral health care, eliminating the need for joint protocols with collaborating physicians.
Join the Brach Eichler Healthcare Law team as we break down the specifics of the legislation and what it means for practitioners across the state.
Topics covered in this episode include:
The 5,000-Hour Rule: Understanding the active practice requirement for APNs to prescribe medications (including medical cannabis) independently.
Permitted Practice Areas: A look at the authorized population focuses—such as family, pediatrics, and behavioral health—and which services (like general obstetrics and cosmetic procedures) are excluded.
The Grace Period: Crucial timeline details for APNs who currently have fewer than 5,000 hours and how to maintain compliance while reaching the threshold.
Whether you are an APN, a collaborating physician, or a healthcare facility administrator, this episode provides the essential regulatory insights you need to navigate these new prescribing rules.
Resources Mentioned:
Read the full May 2026 Healthcare Law Update here: https://www.bracheichler.com/healthcare-law-update-may-2026/
Contact Our Healthcare Law Team:
John D. Fanburg: jfanburg@bracheichler.com | 973.364.5201
Edward Hilzenrath: ehilzenrath@bracheichler.com | 973.403.3114
Vanessa Coleman: vcoleman@bracheichler.com | 973.364.5208
*This is intended to provide general information, not legal advice. Please contact the authors if you need specific advice.

NJDOH Reiterates Licensed Healthcare Facilities’ Documentation Production Obligations

In this episode of Brach Eichler Talks, we break down the recent New Jersey Department of Health (NJDOH) memo detailing documentation production obligations for licensed healthcare facilities.
Are your facility's internal reports protected under the PSQIA, or are they subject to state disclosure? We clarify the critical differences between privileged patient safety work product and mandatory regulatory reporting, including adverse event and infection control reports. We also explore how HIPAA intersects with the Department's oversight authority so administrators can ensure full compliance during facility inspections.
In this episode, we cover:
The scope of the NJDOH’s March 19 memo on document production and regulatory oversight.
Why the Federal Patient Safety and Quality Improvement Act of 2005 (PSQIA) does not preempt state or federal reporting obligations.
How to distinguish between privileged patient safety work product and required compliance documentation.
HIPAA exceptions that permit the disclosure of protected health information (PHI) to the Department without patient authorization.
📲 Read the full May 2026 Healthcare Law Update: https://www.bracheichler.com/healthcare-law-update-may-2026/
Contact the Brach Eichler Healthcare Law Team:
Caroline Patterson: cpatterson@bracheichler.com | 973.364.5233
Edward J. Yun: eyun@bracheichler.com | 973.364.5229
Vanessa Coleman: vcoleman@bracheichler.com | 973.364.5208
*This is intended to provide general information, not legal advice. Please contact the authors if you need specific advice.