Brach Eichler Talks | Law & Legal Insights from Lawyers

In this episode of the Brach Eichler Talks podcast, we break down a critical July 2026 New Jersey Supreme Court decision impacting insurance fraud litigation. The Court ruled that New Jersey Insurance Fraud Prevention Act (IFPA) claims and RICO-based fraud claims are not subject to the personal injury protection (PIP) arbitration process, but instead belong in the Law Division with the right to a jury trial.

Tune in to understand the background of Allstate v. Carteret Comprehensive Medical Care, how this reverses previous trial court decisions, and what this ruling means for pending insurance fraud cases and investigations across New Jersey.

Contact the Attorneys:

Keith J. Roberts, Esq., Member and Chair, Litigation [email protected] | 973.364.5201

Shannon Carroll, Esq., Member, Litigation [email protected] | 973.403.3126

Disclaimer: This podcast is intended to provide general information, not legal advice. Please contact the authors if you need specific legal advice. For more information and resources, visit bracheichler.com.

In this episode of the Brach Eichler Talks podcast, we discuss a major healthcare law update: the implementation of the Medical Aid in Dying Act (S.138/A.136) in New York State. Signed into law by Governor Hochul, this legislation allows terminally ill, mentally competent adults to self-administer life-ending medication.

We break down the critical components of the Act, including the extensive safeguards, patient eligibility criteria, waiting periods, and the specific protections it offers to healthcare entities and providers. We also cover how the Act addresses life insurance benefits and death certificates ahead of its effective date on August 5, 2026.

For more information, contact:

*This is intended to provide general information, not legal advice. Please contact Tracy if you need specific legal advice.

In this episode of the Brach Eichler Talks podcast, we discuss a crucial healthcare law update regarding New Jersey Governor Mikie Sherrill signing P.L.2026, c.29 into law. This legislation extends telemedicine and telehealth pay parity requirements, ensuring provider reimbursement rates equal in-person rates, from July 1, 2026, through December 31, 2027. Tune in to learn about what this means for behavioral health audio-only services, physical health exclusions, and affected health benefits plans, including Medicaid and NJ FamilyCare.

For more information, contact:

*This is intended to provide general information, not legal advice. Please contact the authors if you need specific advice.

In this episode of Brach Eichler Talks, we dive into the privacy implications of your wearable technology. New Jersey Senate Bill No. 4065 aims to curb the unauthorized sale of sensitive health data collected by smartwatches, fitness trackers, and other devices, shifting the power back to the consumer. We break down what this proposed legislation means for your personal privacy and the future of health data regulation.

📲 Read the entire June 2026 Healthcare Law Update now: https://www.bracheichler.com/healthcare-law-update-june-2026/

To learn more about how this bill could affect you or to discuss specific legal implications, please contact: 

John D. Fanburg, Chair | 973.403.3107 | [email protected]

*This is intended to provide general information, not legal advice. Please contact the authors if you need specific legal advice.

In this episode, we break down the Federal Trade Commission's latest move to reshape the healthcare landscape: the formation of a new, centralized Healthcare Task Force. We examine how this task force, working in tandem with the DOJ and HHS, aims to sharpen oversight on competition, affordability, and consumer protection. Tune in to understand what this heightened scrutiny means for healthcare transactions and business practices across the industry.

If you have questions about how these emerging regulatory priorities might impact your organization, reach out to the authors of this article from Brach Eichler LLC. You can contact Caroline J. Patterson at https://www.bracheichler.com/professionals/caroline-j-patterson/, Jonathan J. Walzman at https://www.bracheichler.com/professionals/jonathan-j-walzman/, or Rebecca T. Falk at https://www.bracheichler.com/professionals/rebecca-t-falk/ for tailored legal guidance.

*This is intended to provide general information, not legal advice. Please contact the authors if you need specific legal advice.

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.

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.

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: [email protected]

Phone: 973.228.5700

*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/

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:

*This is intended to provide general information, not legal advice. Please contact the authors if you need specific legal advice.

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:

📲 Access the Full Guide:

Need Legal Guidance for Your Cannabis Business?

John D. Fanburg, Managing Member

Charles X. Gormally, Member

*This is intended to provide general information, not legal advice. Please contact the authors if you need specific legal advice.

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.

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.

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 | [email protected] | 973-403-3107

Edward Hilzenrath, Esq., Member, Healthcare Law | [email protected] | 973-403-3114

Vanessa Coleman, Esq., Associate, Healthcare Law | [email protected] | 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.