New York State lawmakers introduced a new bill this past week hoping to reverse recent structural changes to the Consumer Directed Personal Assistance Program (CDPAP) by allowing multiple licensed Fiscal Intermediaries...more
The New York State Department of Health (DOH) published on May 15, 2025, the long-awaited electronic Material Transaction Notice Form (the Form), which replaces its prior email submission process with a portal filing for...more
5/16/2025
/ Acquisitions ,
Corporate Practice of Medicine ,
Corporate Sales Transactions ,
Disclosure Requirements ,
Healthcare ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
Notice Requirements ,
Public Health ,
Required Forms ,
State Health Departments
In a prior blog post, we summarized proposed legislation included in New York Gov. Kathy Hochul's state fiscal year (FY) 2025-2026 budget that would have subjected "material transactions" to additional disclosure and...more
5/13/2025
/ Corporate Practice of Medicine ,
Department of Health and Human Services (HHS) ,
Disclosure Requirements ,
Healthcare ,
Notice Requirements ,
Proposed Amendments ,
Proposed Legislation ,
Public Health ,
Reporting Requirements ,
State Budgets ,
State Health Departments
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
Judge Frederic Block of the U.S. District Court for the Eastern District of New York issued a temporary restraining order (TRO) on March 31, 2025, stalling the consolidation of the Consumer Directed Personal Assistance...more
The New York State Department of Health (DOH) has published a set of Frequently Asked Questions (FAQs) to provide guidance on the "Disclosure of Material Transactions" law that took effect on Aug. 1, 2023. Pursuant to Article...more
3/25/2025
/ Acquisitions ,
Clinical Laboratories ,
Corporate Practice of Dentistry ,
Corporate Practice of Medicine ,
Disclosure Requirements ,
Healthcare ,
Healthcare Facilities ,
Mergers ,
New Guidance ,
Pharmacies ,
Private Equity ,
Proposed Rules ,
Public Health ,
State Health Departments
Nassau County Judge Jerome C. Murphy issued a temporary restraining order (TRO) on Jan. 27, 2025, preventing the New York State Department of Health (DOH) from moving forward with the consolidation of the Consumer Directed...more
New York Gov. Kathy Hochul unveiled her executive budget proposal for State Fiscal Year (FY) 2025-2026 on Jan. 21, 2025, which includes amendments to the state's Disclosure of Material Transactions law. If the amendments are...more
1/27/2025
/ Antitrust Provisions ,
Certificate of Need ,
Corporate Practice of Medicine ,
Disclosure Requirements ,
Health Care Providers ,
Healthcare ,
Mergers ,
New Legislation ,
Proposed Amendments ,
Public Health ,
Regulatory Oversight ,
Reporting Requirements ,
State Budgets ,
State Health Departments
Another day, another legal challenge to New York's overhaul of the Consumer Directed Personal Assistance Program (CDPAP). In an emergency petition filed Nov. 25, 2024, by the state's largest fiscal intermediary (FI), Freedom...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
In a prior blog post, we summarized proposed legislation that would have conferred upon the New York State Department of Health (DOH) the authority to review and approve "material transactions" involving a "health care...more
5/5/2023
/ Acquisitions ,
Comment Period ,
Disclosure Requirements ,
Healthcare Facilities ,
Hospital Mergers ,
Hospitals ,
Mergers ,
Public Comment ,
Regulatory Approval ,
Regulatory Oversight ,
Regulatory Requirements ,
State Health Departments
The COVID-19 public health emergency (PHE) is set to expire on May 11, 2023, and there seems to be a scramble to extend some of the pandemic-related flexibilities involving telehealth. On March 1, 2023, the Drug Enforcement...more
The 2024 New York State Executive Budget included a first-of-its-kind bill that would require certain physician practice and management services organization (MSO) transactions to undergo regulatory review and approval by the...more
2/8/2023
/ Acquisitions ,
Administrative Review ,
Approval Requirements ,
Business Formation ,
Corporate Practice of Medicine ,
Health Care Providers ,
Management Companies ,
Mergers ,
Physicians ,
Proposed Legislation ,
Regulatory Oversight ,
State Health Departments
The New York State Department of Health (DOH) on Aug. 17, 2022, released the long-awaited licensure application for licensed home care services agencies (LHCSAs) seeking approval in one of three categories: initial licensure,...more