The following is a summary of the federal Department of Health and Human Services’ Office of Inspector General (OIG) reports of fraud and abuse enforcement activity across the country. The enforcement actions reported are...more
9/7/2022
/ Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Enforcement ,
False Claims Act (FCA) ,
Food and Drug Administration (FDA) ,
Fraud and Abuse ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Fraud ,
Kickbacks ,
Medicaid ,
OIG ,
Paycheck Protection Program (PPP) ,
Qui Tam ,
Rebates ,
Trade Agreements Act
The following is a summary of the federal Health and Human Services agency’s Office of Inspector General (OIG) reports of fraud and abuse enforcement activity across the country. The enforcement actions reported are based...more
7/8/2022
/ Anti-Kickback Statute ,
CARES Act ,
Centers for Disease Control and Prevention (CDC) ,
Compliance ,
Coronavirus/COVID-19 ,
Durable Medical Equipment ,
Enforcement ,
False Claims Act (FCA) ,
Fraud and Abuse ,
Healthcare ,
Kickbacks ,
Medicaid ,
Medicare ,
Medicare Advantage ,
OIG ,
Opioid ,
Popular ,
Risk Assessment ,
Skilled Nursing Facility ,
TRICARE
The explosion of telemedicine and telehealth, or virtual patient care and monitoring, presents many opportunities for enhanced, more streamlined care. But it also threatens to outpace laws regarding the delivery of care, as...more
10/26/2021
/ Compliance ,
Coronavirus/COVID-19 ,
Digital Health ,
Electronic Protected Health Information (ePHI) ,
Flexibility Clauses ,
PHI ,
Privacy Laws ,
Public Health Service (PHS) ,
Quarantine ,
State Privacy Laws ,
Telehealth ,
Telemedicine
Today, September 27, is New York state’s deadline for healthcare personnel to receive at least their first COVID-19 vaccine dose or risk losing their job. The only recognized exception is a medical accommodation. There are no...more
As COVID-19 variants surge in the country, mask mandates return, and more workplaces and public spaces make vaccination a requirement, how should health care providers proceed? Can they require employees, patients and clients...more
Many health care providers have dealt with guardianships, or conservatorships, in which courts appoint a guardian who serves as the decision maker for someone who isn’t capable of self-care or decisions, including medical,...more
Across New York state, many employers now have more leeway to ease mask-wearing and other requirements among those vaccinated against COVID-19. However, the CDC guidance that New York state has adopted still specifies that...more
We recently shared a Legal Alert of amendments to the federal government’s Public Readiness and Emergency Preparedness (PREP) Act that broadens the pool of COVID-19 vaccinators, helping meet the intense demand for...more
Late last week New York Attorney General Letitia James released a report that found the state Department of Health underreported COVID-19 deaths of nursing home residents by as much as 50 percent.
The report – generated...more
The New York Power of Attorney is a legal instrument executed by an individual with capacity (a principal) appointing another (an agent) to handle his/her financial affairs. The current durable “short form” Power of Attorney...more
Now that COVID-19 vaccinations are rolling out across New York state and beyond, can health care providers require employees to receive the vaccine - especially when this layer of protection may enhance their capability to...more
If this were a typical year, we’d be gearing up for family Thanksgiving dinners and office holiday parties. But 2020 looks very different, and businesses that have pivoted to working remotely may be suffering from enough...more
With COVID-19 cases and hospitalizations in New York remaining stable, the state Department of Health has begun the process of again allowing visitors to see loved ones at nursing homes and long-term care facilities.
The...more
One of the most difficult aspects of COVID-19 lies in the number of people who have died in nursing homes in New York and across the nation. In response to that painful toll, Gov. Andrew Cuomo has asked the state Department...more
Late last week, Gov. Cuomo issued an executive order which in effect overrules one of his prior directives canceling all elective surgeries and procedures at general hospitals. Executive Order 202.25 allows general hospitals...more
Last Friday, as part of the State’s surge capacity plan, Gov. Andrew Cuomo announced that he’ll be signing an Executive Order allowing the state to take ventilators and personal protective equipment (PPE) from upstate...more
Gov. Cuomo has issued another Executive Order relaxing the execution standards for various legal instruments as part of New York State on PAUSE for the COVID-19 pandemic.
Executive Order No. 202.14 provides for virtual...more
Recognizing the unprecedented reach and toll of the COVID-19 public health emergency, Governor Cuomo on Friday, April 3 signed into law a number of measures designed to shield health care professionals from civil and criminal...more
Do individuals maintain their right to privacy during the COVID-19 Pandemic? Yes and no. Given the national public health emergency and the existence of enforcement waivers relative to certain state and federal privacy and...more
As New York state’s COVID-19 numbers grow, local communities have been asked to evaluate its surge capacity plans.
Health systems across the state have submitted to the NYS Department of Health “surge capacity plans”...more
Law enforcement, paramedics, first responders and public health authorities play a critical role in curbing the spread of COVID-19—and need to keep tabs on infection transmission in real time. This week, the Office for Civil...more
For the duration of the COVID-19 pandemic, the Secretary of the Department of Health and Human Services (HHS) has waived or flexed various Conditions of Participation of the Centers for Medicare & Medicaid Services (CMS). ...more
4/1/2020
/ Business Closures ,
Business Interruption ,
CARES Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Compliance ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Federal Loans ,
Financial Stimulus ,
Health Care Providers ,
Lenders ,
Medicaid ,
Medicare ,
Paycheck Protection Program (PPP) ,
Payroll Taxes ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Securities and Exchange Commission (SEC) ,
Small Business ,
Tax Relief ,
Unemployment Insurance
Over the course of the last few days, the Department of Health and Human Services (HHS) has issued guidance waiving compliance with certain HIPAA privacy and security regulations, making it easier for our essential health...more
For the most part, health care providers and entities are considered essential under Governor Cuomo’s “New York State on PAUSE” Executive Order issued on Friday, March 20 in response to the COVID-19 Pandemic. Effective at 8...more