Following Judge Frederic Block's March 31, 2025, issuance of a temporary restraining order (TRO) temporarily halting New York state's push to consolidate the Consumer Directed Personal Assistance Program (CDPAP) under a...more
4/14/2025
/ Consumer Protection Laws ,
Health Care Providers ,
Home Health Care ,
Intermediaries ,
Medicaid ,
Medicare ,
Personal Assistants ,
Preliminary Injunctions ,
State Health Departments ,
Time Extensions ,
TRO
In a significant development for fiscal intermediaries (FIs) and the Consumer Directed Personal Assistance Program (CDPAP), a New York Supreme Court Justice ruled on March 20, 2025, that the New York State Department of...more
3/27/2025
/ Administrative Procedure ,
Constitutional Challenges ,
Fee-for-Service ,
Fees ,
Intermediaries ,
Managed Care Contracts ,
Medicaid ,
NY Supreme Court ,
Regulatory Requirements ,
Reimbursements ,
State Constitutions ,
State Health Departments
New York lawmakers have passed a groundbreaking health privacy bill, the New York Health Information Privacy Act (NYHIPA or the Act), which could significantly redefine how entities handle health-related data. The Act, which...more
A new bill was introduced in the New York State Senate last week in an attempt to address recent changes made to the Consumer Directed Personal Assistance Program (CDPAP), which effective April 1, 2025, will allow only a...more
A second lawsuit has been filed challenging recent changes to New York's Consumer Directed Personal Assistance Program (CDPAP or the Program), this time taking aim at the new single fiscal intermediary (FI) structure that...more
8/20/2024
/ Anticompetitive Behavior ,
Contracts Clause ,
Equal Protection ,
FOIA ,
Intermediaries ,
Medicaid ,
Pending Litigation ,
Personal Assistance Services (PAS) ,
Personal Assistants ,
Reimbursements ,
Request for Proposals ,
Social Services ,
State Health Departments
A group of fiscal intermediaries (FIs) on July 22, 2024, filed a lawsuit against the New York State Department of Health (DOH) and its commissioner, Dr. James McDonald, alleging that the defendants disregarded established...more
7/30/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Fee-for-Service ,
Home Health Care ,
Intermediaries ,
Managed Care Contracts ,
Medicaid ,
Medical Reimbursement ,
Pending Legislation ,
Physician Fee Schedule ,
State Health Departments
The U.S. Food and Drug Administration's (FDA) recent announcement of a final rule extending regulatory oversight to laboratory developed tests (LDTs) has sparked controversy. As discussed in a previous Holland & Knight alert,...more
5/6/2024
/ American Hospital Association ,
CLIA ,
Clinical Laboratories ,
Exemptions ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Final Rules ,
Food and Drug Administration (FDA) ,
Laboratory Developed Tests ,
Life Sciences ,
Medical Devices ,
Regulatory Requirements