On May 21, 2025, the Centers for Medicare and Medicaid Services (“CMS”) announced a significant expansion of its auditing efforts with respect to Medicare Advantage (“MA”) plans....more
On May 15, 2025, the New York State Department of Health (“DOH”) announced the launch of the electronic Material Transaction Reporting Form for health care transactions (“Electronic Form”). To assist reporting entities in...more
5/23/2025
/ Acquisitions ,
Disclosure Requirements ,
Financial Statements ,
Government Agencies ,
Health Care Providers ,
Healthcare ,
Investors ,
Mergers ,
New York ,
Reporting Requirements ,
State Health Departments
In another rebuke to federal regulatory overreach, the U.S. District Court for the Eastern District of Texas (“District Court”) has vacated the Food and Drug Administration’s (“FDA”) 2024 final rule that sought to bring...more
4/16/2025
/ Administrative Procedure Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Chevron Deference ,
Clinical Laboratories ,
Food and Drug Administration (FDA) ,
Judicial Review ,
Laboratory Developed Tests ,
Loper Bright Enterprises v Raimondo ,
Medical Devices ,
Regulatory Authority ,
Statutory Interpretation
Nearly two years ago, and as previously discussed in a Proskauer alert, New York enacted Public Health Law Article 45-A (the “Material Transactions Law”), which requires reporting of certain material health care transactions....more
4/9/2025
/ Acquisitions ,
Health Insurance ,
Healthcare ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
New Guidance ,
New York ,
Physicians ,
Reporting Requirements ,
Threshold Requirements
On January 8, 2025, Massachusetts Governor Maura Healey signed into law House Bill 5159 (the “Bill”). The Bill grants the state new regulatory powers to oversee and review health care transactions involving private equity...more
2/3/2025
/ Acquisitions ,
Commercial Bankruptcy ,
Compliance ,
False Claims Act (FCA) ,
Healthcare ,
Investors ,
Liability ,
Material Change Doctrine ,
Mergers ,
Penalties ,
Private Equity ,
Proposed Legislation ,
Real Estate Investments ,
Regulatory Agenda ,
REIT
As described in our blog post last year, an increasing number of states across the country are seeking to regulate physician practice management (“PPM”) and private equity transactions in the health care sector. As part of...more
Following New York State Governor Kathy Hochul’s proposal in February of this year (see our previous alert), the New York legislature passed and Governor Hochul signed a law on May 3, 2023, which significantly increases the...more
The onset of the COVID-19 public health emergency (“PHE”) led to a surge in the use of telehealth by health care providers. In addition, the PHE fueled a boom in the number of direct-to-consumer (“DTC”) telehealth platforms,...more
6/2/2022
/ Coronavirus/COVID-19 ,
Digital Health ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Infectious Diseases ,
Patient Access ,
Public Health Emergency ,
Regulatory Requirements ,
Relief Measures ,
Telehealth ,
Telemedicine
The 21st Century Cures Act directed the National Coordinator to “develop or support a trusted exchange framework, including a common agreement among health information networks nationally.” Fulfilling that mandate, the Office...more
As discussed in a prior blog post, in May of this year, the Department of Justice (DOJ), through its Fraud Section and in conjunction with the Center for Program Integrity, Centers for Medicare & Medicaid Services (CPI/CMS),...more
10/7/2021
/ CARES Act ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Billing ,
False Claims Act (FCA) ,
Fraud and Abuse ,
Health Care Providers ,
Healthcare Fraud ,
Infectious Diseases ,
Medicare Fraud Strike Force ,
Provider Relief Fund ,
Telemedicine
As discussed in a prior blog post, effective June 25, 2021, New York Governor Andrew Cuomo issued Executive Order 210, which officially declared the end of the New York State of Emergency caused by the COVID-19 pandemic. As a...more
The early days of the COVID-19 pandemic saw an unprecedented coming together of the health care industry to treat communities beset by a deadly virus that strained provider resources across the country. But just as normalcy...more
For the past 14 years, Proskauer has partnered with the Lawyers’ Committee for Civil Rights Under Law in its Election Protection initiative, a nonpartisan project mobilizing law firms, law schools, in-house counsel, and other...more
Election Protection is a nationwide nonpartisan coalition, spearheaded by the Lawyers’ Committee for Civil Rights Under Law, working to ensure that every voter is able to exercise their right to vote. Election Protection runs...more
[co-author: Daniel Weinstein] -
CARES Act, Payroll Protection, and Medicare Advance Payment Programs -
This document was last updated on July 20, 2020 to reflect changes made by the Department of Health and Human...more
7/20/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
False Claims Act (FCA) ,
Federal Funding ,
Health Care Providers ,
Paycheck Protection Program (PPP) ,
Paycheck Protection Program and Health Care Enhancement Act ,
Relief Measures ,
SBA ,
SBA Lending Programs
[co-author: Daniel Weinstein]
CARES Act, Payroll Protection, and Medicare Advance Payment Programs -
This document was last updated on July 7, 2020 to reflect changes made by the Department of Health and Human Services to...more
[co-author: Daniel Weinstein]
In response to widespread cash flow issues resulting from the COVID-19 public health emergency, Congress enacted two key pieces of legislation: the CARES Act and the Paycheck Protection...more
6/10/2020
/ Attorney General ,
CARES Act ,
Compliance ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Health Care Providers ,
Infectious Diseases ,
Medicare ,
OIG ,
Paycheck Protection Program (PPP) ,
Paycheck Protection Program and Health Care Enhancement Act ,
Provider Relief Fund ,
SBA ,
Secretary of HHS ,
Whistleblowers
Less than a month after passing the $2.0 trillion Coronavirus Aid, Relief, and Economic Security Act of 2020 (the “CARES Act”), Congress has passed and the President has signed a second round of aid (the Paycheck Protection...more
Less than a month after passing the $2.0 trillion Coronavirus Aid, Relief, and Economic Security Act of 2020 (the "CARES Act"), Congress has passed and the President has signed a second round of aid (the Paycheck Protection...more
In yet another example of coronavirus-related regulatory dispensation, on March 30, 2020, CMS announced that it will waive penalties for violations of the Stark Law in regard to compensation relationships between physicians...more
On November 5th and 6th, Proskauer will host over 150 volunteer lawyers in its New York office to support election protection efforts with the Lawyers’ Committee for Civil Rights Under Law.
Responsible for the largest...more
On November 2, 2015, President Obama signed into law H.R. 1314, the Bipartisan Budget Act of 2015 (the "Act"), which significantly changes Medicare reimbursement for off-campus hospital services. The Act, which Congress...more
11/5/2015
/ Barack Obama ,
Congressional Budget Office ,
Federal Budget ,
Health Care Providers ,
Healthcare ,
Hospitals ,
Medicare ,
New Legislation ,
OPPS ,
Physician Fee Schedule ,
Reimbursements