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NYS Reinforces Its Scrutiny Over Healthcare Transactions

We recently discussed increasing state regulation of healthcare mergers and acquisitions in the face of the current Administration’s clear policy of federal deregulation. We noted that 15 states had implemented oversight laws...more

Quality of Care Considerations in OIG’s Nursing Facility Compliance Guidance

In November 2024, the U.S. Department of Health and Human Services’ Office of the Inspector General (“OIG”) published the long-awaited Industry Segment-Specific Compliance Program Guidance for Nursing Facilities (“Nursing...more

HHS-OIG Issues Nursing Facility Compliance Program Guidance

On November 20, 2024, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) released the “Nursing Facility ICPG,” an industry-specific compliance program guidance for nursing facilities....more

$68 Million CDPAP Fraud Indictment Unsealed Amidst Industry Changes

On October 9, 2024, the United States Attorney’s office in the Eastern District of New York unsealed an indictment alleging that eight defendants defrauded Medicaid of approximately $68 million. The alleged scheme involved...more

HHS OIG Issues Information-Blocking Disincentives for Certain Health Care Providers

On June 24, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) announced a final rule that establishes disincentives for certain health care providers that have committed information...more

NYS Maintains Independent Practice Authority for NPs

The New York State 2024-2025 budget includes legislation that extends until July 1, 2026 the independent practice authority for certain qualified nurse practitioners with over 3,600 practice hours....more

NY Bill to Reduce Temp Agency Staff in Nursing Homes on Governor’s Desk

A law that would incentivize reductions in the use of temporary staffing agencies in nursing homes awaits action by Governor Hochul, who must either sign or veto the law by December 23. The law would create a four-year...more

New York and Connecticut Prohibit Geofencing near Health Care Facilities

New York State and Connecticut have recently enacted laws that prohibit “geofencing” near health care facilities. The New York State law took effect on July 2, 2023, and Connecticut’s on October 1, 2023. These geofencing...more

NYS DOH Provides Overview of Material Transaction Reporting

The New York State Department of Health has published a webpage regarding Public Health Law (PHL) Article 45-A. In our prior post, we discussed how PHL Article 45-A requires health care entities involved in material...more

[Webinar] Lunch and Learn Series: Compliance Issues and Trends in Healthcare Transaction Laws - July 13th, 12:00 pm - 1:00 pm ET

Please join us for the July Lunch and Learn where we will discuss compliance issues and trends in Healthcare transaction laws. The presentation will focus on: - An analysis of the recently enacted New York Public Health Law...more

NY Amends Home Care Worker Minimum Wage

One of the many new provisions enacted as part of the 2023-2024 New York State Budget was an increase in the minimum wage for home care workers. Initially, it is important to note that the $1 hourly increase in the minimum...more

NY Enacts Scaled-Back Version of Hochul’s Health Care Transactions Proposal

Following extended New York State budget negotiations, lawmakers have enacted a significantly modified version of Governor Hochul’s proposed health care transaction review bill. The bill, as originally proposed, included a...more

Budget Delay Puts Cloud Over Governor Hochul’s Heathcare M&A Regulatory Review

As discussed in our March 22, 2023 post, Governor Hochul’s proposed budget contained a bill that, if passed, would be transformative for certain healthcare transactions. Hochul’s proposal was dropped from both one-house...more

The Prohibition against the Corporate Practice of Medicine: Alive and Well and on the Government’s Radar

A law in New York Governor Hochul’s proposed budget aimed at regulating “large physician practices being managed by entities that are investor-backed” has been dropped from the State Senate and Assembly proposed budgets...more

[Webinar] Lunch and Learn Series: A Survey of OIG’s 2022 Advisory Opinions: What They Could Mean for Your Organization - January...

Please join us for the first Lunch and Learn of 2023, as Geoffrey Kaiser and Jeffrey Ehrhardt present on the OIG. The program will: 1. Discuss select Advisory Opinions from last year on a variety of topics,...more

OIG: Biopharma Company’s Provision of Free Genetic Tests Does Not Warrant Sanctions Under AKS

With the proliferation of precision and individualized medicine, genetic testing and counseling will likely remain on the radar of the Department of Health and Human Services’ Office of Inspector General (OIG) and the...more

New Law Allows Experienced NPs to Practice Independently in NY

New York’s 2023 state budget, signed into law on April 9, included an amendment to the state’s Education Law establishing 3,600 practice hours as a threshold beyond which nurse practitioners no longer require a collaborative...more

GAO Recommends that CMS Review Effects of Telehealth on Quality of Care

In a report published on March 31, the U.S. Government Accountability Office (GAO) recommended that the Centers for Medicare & Medicaid Services (CMS) begin to collect and analyze information about any effect telehealth has...more

NJ Temporary License Program Extended for Out-of-State Practitioners

At the start of the COVID-19 pandemic, the New Jersey Division of Consumer Affairs established a Temporary Emergency Reciprocity License (TERL) program to give emergency licenses to healthcare practitioners from states...more

NY Trial Courts Strictly Apply New Uniform Rule Requiring Statement of Material Fact

As discussed in detail in our March 2021 article regarding the changes made to the Uniform Rules of the New York Supreme and County Courts earlier this year, new Rule 202.8-g requires that a Statement of Material Facts be...more

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