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Matthew Flanagan

Co-Chair, Disciplinary Board Representation Practice Group

MKFlanagan@mdwcg.com

Portrait of Matthew Flanagan

Matt is a highly skilled litigator with over 30 years of trial and appellate experience and serves as Co-Chair of the firm's Disciplinary Board Representation Practice Group. His practice is concentrated on the defense of lawyers against malpractice actions, Judiciary Law 487 claims and grievances. He also defends other professionals and handles general litigation matters on behalf of corporate clients. He has successfully tried cases in New York City and its surrounding counties and has secured dozens of victories in attorney liability cases in New York State’s appellate courts.

With a career-long focus on professional liability litigation, Matt lectures throughout the state on legal malpractice prevention and defense, ethics and professional responsibility. His articles relating to attorney ethics have been cited in the authoritative codification of the laws of New York, as well as New York’s leading treatise on the Rules of Professional Conduct.

Among his numerous professional memberships, he is President of the Theodore Roosevelt American Inn of Court and is a member of the New York State Bar Association's Law Practice Management and Insurance Committees. He is a longtime member of the Nassau County Bar Association and served as Chair of the Association’s Ethics Committee from 2019 to 2022. He is also a longtime member of the American Bar Association.

Matt has been recognized annually as a New York Metro Area Super Lawyer for over a decade and is rated AV Preeminent™ by Martindale-Hubbell, the highest peer-review ranking for an attorney's professional and ethical competence. A graduate of St. John's University School of Law and Fordham University, he is admitted to practice before the courts of the State of New York, the United States District Courts for the Southern and Eastern Districts of New York and the United States Court of Appeals for the Second Circuit.

    • St. John's University School of Law (J.D., 1992)
    • Fordham University (B.A., 1989)
    • New York, 1993
    • U.S. District Court Eastern District of New York, 1993
    • U.S. District Court Southern District of New York, 1993
    • U.S. Court of Appeals 2nd Circuit, 1996
    • AV® Preeminent™ by Martindale-Hubbell®
    • New York Metro Area Super Lawyer (2012-2026)
    • American Bar Association (2007-Present)
    • Nassau County Bar Association (1999-present); Ethics Committee (2011-present); Ethics Committee Chairman (2019-2022)
    • New York State Bar Association (1999-present); Law Practice Management & Insurance Committees (2011-present)
    • St. John’s University Alumni Association, Nassau Chapter (2000-present); President (2017-2020)
    • Theodore Roosevelt American Inn of Court, (2011-present); President (October 2023-present)
    • Attorney Discipline, Theodore Roosevelt American Inn of Court (with program chairs Hon. Randall Eng, Appellate Division, Second Department (ret.), and Hon. Helen Voutsinas, Appellate Division, Second Department), November 15, 2023
    • Risk Management and the Rules of Professional Conduct, Nassau County Bar Association, May 12, 2022
    • Cybersecurity: Are You and Your Firm Compliant: A Checklist for Lawyers, Joint Presentation of Nassau County Women’s Bar Association and Nassau County Bar Association Ethics Committee, March 3, 2020
    • Navigating Malpractice and Ethical Concerns for Trusts and Estates Attorneys, St. John’s University School of Law Continuing Legal Education Weekend, February 8, 2020
    • Legal Malpractice: Elements & How to Avoid It, Suffolk Academy of Law, December 12, 2019
    • Legal Malpractice: Reducing Your Risk and Strengthening Your Defense, St. John’s University School of Law Spring Continuing Legal Education Weekend, February 10, 2018
    • Lawyers’ Ethics: Escrow Accounts (with Hon. Leonard Austin, Appellate Division, Second Department), Theodore Roosevelt American Inn of Court, December 12, 2017
    • Judicial Ethics, What’s a Judge to Do? (with Hon. Vito DeStefano and Hon. Randy Sue Marber, Supreme Court, Nassau County), Theodore Roosevelt American Inn of Court, April 27, 2017
    • Legal Malpractice: Professional Liability Claims, Litigation Strategies and Attorney Discipline Procedures, New York State Bar Association, Melville, New York, March 31, 2017
    • Attorney Ethics: A Discussion of the New Statewide Procedures for Attorney Discipline Matters (with Abraham Krieger, Chairman of Grievance Committee for 10th Judicial District), St. John’s University School of Law Continuing Legal Education Weekend, February 25, 2017
    • Legal Malpractice Update, Nassau County Bar Association, February 1, 2017
    • “Escrow Cleanup: Taking Care of the Money Left Behind,” NYSBA Journal, Vol. 90, No. 8, New York State Bar Association, October 2018
    • “On Ethics: Agreements Not To Grieve – Are They Ethical?” – Nassau Lawyer, November 1, 2017 
    • “On Ethics: Addressing Claims Against A Client's Settlement Funds,” Nassau Lawyer, March 1, 2017
    • “Bowing Out Ethically: Ending the Attorney-Client Relationship Before the Matter is Completed,” NYSBA Journal, Vol. 88, No. 7, New York State Bar Association, September 2016
    • "Follow the Money - Escrow Accounts: The Dangers of Excessive Delegation and Deference," NYSBA Journal, Vol. 87, No. 5, New York State Bar Association, June 2015

Results

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Dismissal Secured in New York Legal Malpractice Matter

We secured a decision granting our motion to dismiss an attorney malpractice matter in Orange County, NY. The plaintiff and daughter of the co-defendants sued her parents and our client for breach of contract, breach of fiduciary duty denominated as promissory estoppel, and constructive trust and sought damages of $800,000. The co-defendants allegedly purchased a property for the plaintiff to live and work in and agreed to deed the property to the plaintiff once she paid the mortgage in full. Our client created a family trust naming the plaintiff as trustee, in which the property would be transferred to the plaintiff following the death of both parents. However, following a family dispute, the co-defendants replaced the plaintiff as trustee with our client. Upon the request of the co-defendants and in accordance with the terms of the trust, our client transferred the house to another beneficiary. We filed a motion to dismiss on all counts which the court granted in full.

Thought Leadership

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Legal Updates for Lawyers' Professional Liability

California Supreme Court Rejects Automatic Expungement of Attorney Disciplinary Records

January 1, 2026

Last year, we reported on a California State Bar initiative to expunge attorney discipline records, other than disbarment, after eight years. See Legal Updates for Lawyers’ Professional Liability – February 2025. The proposed change was intended to lessen the impact of what was perceived as racial disparities in attorney discipline in California. A 2019 State Bar-commissioned study had found that Black male attorneys in California were more than three times as likely to be placed on probation than white male attorneys. This past October, the California Supreme Court rejected the expungement proposal, without any explanation. The court may have been persuaded by opponents of the measure, many of whom felt that the public is entitled to complete transparency when hiring an attorney. The court may have also been influenced by more recent studies which showed that the racial disparities highlighted in the 2019 study were already narrowing. A study released by the California State Bar in May of 2025 found that while some racial gaps remained, “the discipline system is trending in the right direction.” Whether relied on by the California Supreme Court or not, the report from the 2025 study has some interesting findings which could benefit all attorneys faced with disciplinary complaints. The report suggested that sending letters to encourage attorneys who are subject to disciplinary proceedings to retain counsel may have helped narrow the racial disparities found in the 2019 study. Any attorney facing a disciplinary complaint is well-advised to consult an attorney who is experienced in handing such complaints. Many attorneys are not aware that their lawyers’ professional liability policy likely includes supplemental coverage to pay attorney fees incurred in responding to grievances. The carrier can also help find an attorney to help defend against the grievance should the responding attorney need one. The California Supreme Court’s rejection of the expungement proposal opens the door to the expanded use of the less controversial (and, perhaps, more effective) methods highlighted in the report from the 2025 study, including sending letters to attorneys subject to disciplinary complaints. In addition to encouraging attorneys to retain counsel, the letters could also advise them of the supplemental coverage available under their LPL policies. Legal Update for Lawyers’ Professional Liability – January 2026 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2026 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact MEDeSatnick@MDWCG.com. 

Legal Updates for Lawyers' Professional Liability

California Initiates Automatic Expungement of Attorney Disciplinary Records

February 1, 2025

In a first-of-its-kind move, the California State Bar endorsed a plan to expunge attorney discipline records—other than disbarment—after eight years. The practical effect of the move is that public discipline would no longer appear on the lawyer’s state bar website profile.  The change is intended, in part, to lessen the impact of what was perceived as racial disparities in attorney discipline in California. A 2019 state bar-commissioned study had found that Black male attorneys in California—who currently make up just 1% of the state’s lawyers—were more than three times as likely to be placed on probation than white male attorneys. Will other states follow? Many of the actions taken by the Attorney Grievance Committees in New York are not public. The Committees issue Letters of Advisement, which are not considered discipline, or Admonitions, which are considered discipline but are not public. The public forms of discipline—censure, suspension and disbarment—are only taken after formal proceedings are initiated in one of the four Appellate Divisions. There have been no studies in New York addressing racial disparities in the administration of public discipline against attorneys in New York, and with a recent rollback in DEI initiatives (AP has reported that McDonald’s is the latest company to eliminate diversity goals), it seems unlikely that there will be anytime soon.  The California proposal was not universally supported. In fact, Reuters reported that 445 comments were received during the public comment phase and 74% of those comments opposed the change. “Non-attorney members of the public [were] most heavily against it,” according to Reuters. Some may argue that the public is entitled to complete transparency when hiring an attorney. Others may argue that the measure does not address the root cause of the problem it purports to address. What are your thoughts?    Legal Update for Lawyers’ Professional Liability – February 2025 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2025 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.

News

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Firm Highlights

Thought Leadership

What’s Hot in Workers’ Comp - News and Results*

RESULTS* Ben Durstein (Wilmington) obtained a favorable decision involving a claimant who fractured his patella in a work accident requiring two surgeries. The IAB rejected the claimant’s medical expert’s opinion that he sustained a 25% permanent impairment to the right lower extremity. Instead, the board accepted the opinion of the employer’s medical expert that the appropriate permanency was 13% utilizing the 6th Edition of the AMA Guides to the Evaluation of Permanent Impairment. Tony Natale III (King of Prussia) successfully had a claim petition alleging new injuries and periods of disability dismissed based on full recovery. The claimant was injured when his skid loader was struck by another loader in the process of baling hay. Original injuries were accepted and the claimant returned to work. Thereafter, the claimant abandoned work and filed a claim petition to assert new injuries and extended disability. Cross examination of the claimant’s medical expert stunningly revealed his failure to review claimant testimony, his lack of awareness of a social security disability decision detailing the existence of claimant’s alleged work-related conditions prior to the date of work injury, and his failure to understand that the claimant admitted to full recovery of injuries for which he was continuing to treat. Tony Natale III (King of Prussia) successfully obtained a defense verdict in a Medicare conditional payment lien third level appeal. The United States government alleged a Medicare conditional lien payment was due and owing in the upper six-figure range based on an auto accident and PIP policy for which the government conditionally became the primary carrier. The government argued that our client, the PIP carrier, was the primary payer and, under federal law, must reimburse the government for its conditional lien payment. At the third-level appeal hearing, the government’s position was refuted by the revelation that the date of injury tied to the medical bills associated with the lien was glaringly and chronologically prior to the insurer’s PIP policy date. The court held that based on this evidence and argument, the government could not meet its requirements to assert a lien against our client. A. Judd Woytek (King of Prussia) and John Abda (Scranton) successfully had a workers’ compensation claim petition granted for medical benefits only for a closed period with no wage loss awarded. The claimant alleged multiple injuries as the result of a very minor motor vehicle incident where a co-worker’s delivery van rolled down an incline of approximately six feet, and bumped into the rear of the claimant’s delivery van. He claimed he was thrown forward and suffered head and neck injuries, along with aggravating a pre-existing ankle injury. The claimant was also terminated following the accident for having a large hunting knife in his van, which was against the employer’s workplace violence policy. The judge granted the claim for a mild concussion and an ankle contusion, but terminated medical benefits as of the date of our IME’s. The judge found that no wage loss benefits were payable as the claimant was terminated for cause and work remained available to him. The judge found our medical experts to be more credible than the claimant’s, along with finding our four employer witnesses to all be credible. The trial team was assisted by paralegal Bonnie Zemek (King of Prussia). Eric Scott Thompson (Wilmington) was successful in a workers’ compensation matter in Delaware. On October 15, 2024, the claimant was injured while performing fire training in a multistory building when he tripped over a fire line, injuring his right knee. The claimant received regular and consistent treatment for the right knee through August 29, 2025, when he presented with left knee complaints for the first time. His treating orthopedist diagnosed a hamstring strain. The claimant was next seen October 15, 2025, with continued left knee complaints, and was referred to a total knee doctor within the practice. He was then diagnosed with a posterior root tear of the medial meniscus. Our expert testified that it was not plausible for a lateral hamstring strain to progress to a meniscal tear in two months. The claimant required a total knee replacement that was ultimately performed in February 2026. In the six months between the time of initial presentation with left knee complaints and the total knee replacement, conservative care consisted of a single injection. Our expert testified that posterior root media meniscal tears can respond to conservative care, and it was not known if it would with the claimant because it was not adequately explored. The Industrial Accident Board agreed with our expert and determined that the claimant failed to meet the burden of establishing more likely than not that the left knee complaints were caused by overloading/overuse as a result of the compensable injury to the right knee. They also agreed that the claimant was able to return to work in a sedentary capacity as opined by his physicians and our expert prior to the left total knee replacement and that there were employment opportunities available within his restrictions and capabilities as presented by the vocational expert. As a result, the claimant was no longer entitled to total disability benefits and will receive partial disability benefits for which he is limited to 300 weeks. Michele Punturi (Philadelphia) and Alana Staniszewski (Pittsburgh) had a termination petition granted in a Pennsylvania workers’ compensation case. The petition involved an echocardiography technologist with long-term employment at a local hospital who sustained a right shoulder injury resulting in surgery in January 2024. Following surgery, the claimant was diagnosed with a frozen shoulder and underwent additional surgery in June 2024, with a recommendation for a third surgery. The opinions of the defense medical expert, a Board-certified orthopedic surgeon, were found credible, persuasive, and competent based upon the extensive history he obtained from the claimant, analysis of the mechanism of injury, and review of records, along with comparison of MRIs from October 2023, February 11, 2024, and January 6, 2025, which failed to reveal any causal relationship other than a strain/sprain of the right shoulder. This evidence supported that the claimant had fully recovered, and was not in need of any ongoing medical treatment and/or restrictions. In particular, despite allegations of injuries beyond a sprain/strain, the defense medical expert identified that those allegations were not consistent with what was found at the time of surgery, and elements of the surgery were to treat a chronic and degenerative condition. Additionally there were no ongoing issues or problems with the subscapularis, which was intact, consistent with the follow-up MRI of February 11, 2024, and the claimant did not have evidence of a frozen shoulder. In fact, the MRIs and mechanism of injury, he opined, did not support any injury causing tendonitis or inflammatory conditions within the bicep tendon. Furthermore, multiple days of surveillance footage demonstrated the claimant’s normal use, with the ability to sweep and shovel snow, operate her vehicle, raise her arms above shoulder level, and use a broom – all without any observable difficulty, which challenged the claimant’s credibility of a disability and further established a lack of causation. As a result of this favorable decision, supersedeas fund reimbursement will be obtained for both wage loss and medical benefits through the supersedeas fund recovery process. *Prior Results Do Not Guarantee a Similar Outcome NEWS Heather Carbone (Jacksonville) was a panelist for a webinar hosted by The Workers’ Compensation Claims Professionals (WCCP) Association. As part of the “Meet the Experts” Series, the speakers addressed “Afterthoughts that Undermine a Successful Mediation,” highlighting the pitfalls and challenges of underprepared or unprepared mediation participants. The discussion included appropriate pre-mediation communications, setting of expectations, management of expectations, and working through the unexpected or unprepared. Attendees gained ideas about how and when to prepare, best practices, and the potential for non-parties (spouse, significant other, risk owners-insurers) to have differing perspectives or concerns than the actual employee and employer. On May 21-22, 2026, A. Judd Woytek, (King of Prussia) joined a panel at the CLM Alliance (Claims and Litigation Management Alliance) Work Comp Conference in Nashville to present "We See You: How Employee Engagement Enhances Work Comp Outcomes." Judd and his fellow panelists discussed the positive impact of employee engagement on claim outcomes, return-to-work timelines, and overall claim costs.

Thought Leadership

NJ Workers' Compensation Legislation Update

A couple more bills were introduced for the 2026-27 session. Any updates since February have been highlighted in bold. A1023 | S3984 Medical use of cannabis under certain circumstances This requires workers’ compensation, PIP, and health insurance coverage for the medical use of cannabis under certain circumstances. It was introduced on January 13, 2026 and referred to the Assembly Financial Institutions and Insurance Committee. It was also introduced on March 19, 2026 and referred to the Senate Commerce Committee. A1045 Certain injuries to volunteer and professional public safety and law enforcement personnel This revises workers’ compensation coverage for certain injuries to volunteer and professional public safety and law enforcement personnel. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. A3724 Personal liability to employer officers for failure to pay for coverage This provides personal liability for owner, executive officer, or executive director of employer for failure to pay for workers' compensation coverage. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. On May 7, 2026, it was reported and referred to Assembly Judiciary Committee. A4617 Certain workers' compensation supplemental benefits and funding method This concerns certain workers' compensation supplemental benefits and funding method. For a permanently and totally disabled worker or surviving dependents after December 31, 1979, with some exceptions, this bill provides for an annual cost of living adjustment in the weekly workers’ compensation benefit rate. It was introduced on March 10, 2026, and referred to the Assembly Labor Committee. S241 Inclusion in database of appointed officials This requires that workers’ compensation judges and administrative law judges be included in database of appointed officials. It was introduced on January 13, 2026 to the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee. A1870 | S1379 Workers' compensation benefits for certain workers due to September 11, 2001, terrorist attacks This provides workers’ compensation benefits for certain public safety workers who developed illness or injury as result of responding to September 11, 2001 terrorist attacks. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. It was also introduced on the same day and referred to the Senate Labor Committee. On February 5, 2026, it was reported from the Senate Committee, 2nd Reading, and referred to the Senate Budget and Appropriations Committee. A2779 | S1521 Excludes Certain Illegal Aliens This excludes certain illegal aliens from workers’ compensation and temporary disability benefits. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A2792 | S1555 Prevent Intoxicated Employees from Workers’ Compensation This prevents intoxicated employees from receiving workers’ compensation. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. S2290 Increase Mandatory Retirement Age This increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, and Workers’ Compensation Judges from 70 to 72. It was introduced on January 13, 2026, and referred to the Senate Judiciary Committee. A3167 | S2372 Workers’ compensation insurance requirements for certain corporations and partnerships. This concerns workers’ compensation insurance requirements for certain corporations and partnerships. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A1384 | S2757 Reduce Statute of Limitations in Medical Fee Disputes This reduces statute of limitations from six years to two years in medical fee disputes in workers’ compensation matters. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. S3144 Testimony in Workers’ Compensation This concerns submission of testimony in workers’ compensation claims. It was introduced on January 13, 2026, and referred to the Senate Labor Committee. S3342 Increase Mandatory Retirement Age This increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, and Workers’ Compensation Judges from 70 to 75. It was introduced on February 5, 2026, and referred to the Senate Judiciary Committee. A3548 | S3571 Maximum benefits for certain volunteers This provides certain volunteer and other workers with maximum compensation benefit for workers' compensation claim regardless of outside employment.. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. On March 2, 2026, it was reported from the Senate Committee, 2nd Reading, and referred to the Senate Budget and Appropriations Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. On May 7, 2026, it was reported and referred to Assembly State and Local Government Committee.

Result

Summary Judgment Secured, Preserving $750,000 in Coverage for Insured in Major Trucking Liability Dispute

Ray Freudiger and Michael A. Roberts (both of Cincinnati) successfully obtained summary judgment on behalf of their client in a coverage dispute arising from a May 19, 2022, motor vehicle accident. A permissive driver operated a box truck for an interstate trucking company and caused severe injuries to two tort victims. Prior to the accident, the insured had procured a commercial auto policy for the trucking company with stated limits of $1,000,000. Following the accident, the insurer initiated a declaratory judgment action asserting that only reduced bodily injury limits of $25,000/$50,000 applied and later counterclaimed, alleging it would not have insured the driver had he been properly submitted for approval under the policy. After extensive discovery, briefing, and oral argument, the court rejected the insurer’s attempt to shift responsibility for the $750,000 in coverage it was legally required to provide for permissive drivers under Ohio law, granting summary judgment in favor of the insured and preserving $750,000 in liability exposure.

blue facade of a hospital sign against blue sky

Result

Defense Verdict in Complex Medical Malpractice Trial

News

Stacey R. Gorin Installed as President of the Burlington County Bar Association

News

Tiere J. Phillips Elected to the Judicial Committee of the Allegheny County Bar Association

Result

Unanimous Verdict Obtained in a Medical Malpractice Matter in Bergen County, New Jersey

Portrait of Thomas Glassman. Text: Joining our Cincinnati Office as a Shareholder in the Casualty Department

News

Marshall Dennehey Adds Shareholder Thomas F. Glassman in Cincinnati, Expands Casualty Practice in Ohio and Kentucky

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict. 

Thought Leadership

Legislation Proposed to Reduce the Cost of Prescription Topical Drugs

In March, Pennsylvania Senate Bill 1215 was introduced in an effort to address the high cost of prescription topical drugs. According to the bill’s sponsor, the issue is excessive reimbursement rates for topical drugs that are essentially alternate versions of readily available, less expensive over the counter drugs. A study performed by The Workers’ Compensation Research Institute (WCRI), shows that Pennsylvania has the highest share of prescription reimbursements and the highest average quarterly payments for topical drugs.  The proposed bill would provide for payment for each ingredient separately, instead of reimbursing a single inflated price, deny payment if an ingredient lacks a valid National Drug Code, limit total reimbursement to $400 per 30 day supply no matter what ingredients are used, ban reimbursement for compound drugs that duplicate existing commercial drugs, and add a flat $20 compounding fee for pharmacies or physicians who prepare the medication. The goal? To eliminate inflated billing practices and reduce costs for employers and insurers.  Currently, the bill is in committee. We will monitor the proposed legislation as it advances and provide updates as to any significant developments that may occur.