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OIG Enforcement Summary: August 16, 2022 – August 31, 2022

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

Continued: Summary of Fraud and Abuse Enforcement Yields Insight for Health Care Compliance and Risk Assessment

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

Increases in Telemedicine and Use of Digital Health Create Both Flexibility and Compliance Headaches

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

Deadline Arrives for Health Care Personnel in New York to Receive COVID Vaccine

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

COVID Vaccine Mandates, Incentives and Other Thorny Issues: How Should Health Care Providers Proceed?

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

Health Systems, Mental Hygiene and Britney Spears: Guardianships Grab the Spotlight

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

Keep Calm and Mask On: Health Care Settings and CDC Guidance

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

New Categories of "Covered" COVID-19 Vaccinators Spur Providers to Cross State Lines, Come Out of Retirement

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

NYS Attorney General Report on Underreported Nursing Home Deaths Underscores Importance of Compliance and Preparation

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

New Power of Attorney Simplifies Complexities, Reduces Need for Property Guardians

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

Guidance Emerges for Health Care Providers Requiring COVID-19 Vaccinations

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

Heightened Cybersecurity Threats Require Stronger Safeguards: Part 2

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

Visits to Nursing Homes May Soon Resume in New York – Carefully

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

Critical Actions for Nursing Homes to Take During an Investigation

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

Governor Clears Path to Resume Elective Surgeries in New York Hospitals

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

State Seeks Unused Ventilators and Protective Equipment on Voluntary Basis, Expands Surge Volunteer Force

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

Governor’s Order Removes Obstacles to Executing Health Care Proxies, Other Legal Instruments Before Witnesses

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

Legislature Shields Health Care Workers from Liability in COVID-19 Pandemic

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

Patient Right to Privacy Called into Question During COVID-19 Pandemic

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

Health Systems Evaluate Surge Capacity in Collective Fight Against COVID-19

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

Further Guidance for Law Enforcement, Paramedics and First Responders Emerges for COVID-19

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

Relaxed HIPAA Compliance Emerges During COVID-19 Pandemic

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

Under “New York State on PAUSE” Mandate, is All Health Care Considered Essential?

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

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