Managed Care

Today, participation with managed care organizations (MCOs) typically accounts for a majority of a health care provider’s revenue.  Central to maximizing that revenue is the participation agreement between the provider and the MCO. Garfunkel Wild has negotiated hundreds of managed care agreements on behalf of health care systems, community hospitals, physician groups, federally qualified health centers, and various other professional, institutional health care providers and provider networks.

Garfunkel Wild has stayed on top of the trends as managed care contracting has moved from fee for service to value based payment arrangements.  Our broad experience with managed care contracting helps to ensure that our clients receive the benefit of their bargained contract – to get paid fairly and timely for the services they render.  Garfunkel Wild has negotiated some of the largest fee for service agreements and risk compensation arrangements in the region and regularly deals with major commercial MCOs, including United Healthcare, Aetna, Anthem, Horizon BlueCross BlueShield, and CIGNA, as well as Medicare and Medicaid managed care plans including Healthfirst, Humana, Fidelis, Affinity, Molina, Horizon NJ Health, Amerigroup, and Wellcare.  MCOs view us as tough negotiators who know the issues and who have earned their respect over the years — our clients benefit from these good working relationships.

Yet negotiating a solid contract is not the end of the process.  Garfunkel Wild supports clients through the implementation process where managed care provides a new payment mechanism, e.g., community based organizations and other providers that render services that encompass social determinants of health. Garfunkel Wild also regularly advises clients with respect to audits and repayment demands by MCOs, often significantly reducing client exposure.

Practice Group Contacts

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Debra A. Silverman

Partner/Director
516-393-2225

Team

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Andrew E. Blustein

Chairman
516-393-2218
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Jeffrey S. Brown

Of Counsel
201-518-3400
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Michael J. Keane

Partner/Director
516-393-2263
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Alison T. Schimel

Associate
516-393-2506
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Manish I. Shah

Partner
516-393-2503
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Marc A. Sittenreich

Partner
516-393-2533
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Joshua M. Zarcone

Senior Attorney
516-393-2589
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Andrew L. Zwerling

Partner/Director
516-393-2581

November 24, 2025|Alerts

Post-Shutdown Telehealth Guidance

As we explained in our previous client alert, at the time the government shutdown ended, it was unclear whether Medicare telehealth services provided during that time (October 1 through November 12, 2025) would be reimbursed. CMS has since issued updated guidance.

November 14, 2025|Alerts

NEW TELEHEALTH UPDATE: Medicare Waivers Extended to January 30, 2026

Congress has once again temporarily extended key Medicare telehealth flexibilities, this time through January 30, 2026.

September 22, 2025|Alerts

OIG Allows Grants to Offset Therapy Costs

Access to and the cost of health care for children with complex medical needs is a significant burden for many families. Grants can serve as an important lifeline that allows families to obtain and afford medically necessary and appropriate care for their children. The U.S. Department of Health and Human Services, Office of Inspector General’s (OIG) favorable advisory opinion (25-10) is another positive step towards ensuring that children with special medical needs receive timely and affordable care.

September 16, 2025|Alerts

OIG Scrutinizes Remote Patient Monitoring

As remote patient monitoring (RPM) continues to grow in popularity, the U.S. Department of Health and Human Services, Office of Inspector General (OIG) is keeping close watch on how providers are billing, coding, and documenting these services.

September 9, 2025|Alerts

2026 Proposed Fee Schedule Changes

Each year, the Centers for Medicare & Medicaid Services’ issuance of its proposed rule for the Medicare Physician Fee Schedule creates potentially significant changes to PFS payments and Part B in particular. The impact of these proposed changes can be widespread and complex, and it is important to understand how these changes may affect you or your practice.

August 19, 2025|Alerts

OIG Approves Physician Ownership of Device Company

In an increasingly competitive environment, many physicians seek creative ways to grow their personal brands, their practices, and their revenue. One common vehicle for achieving these goals involves physician-owned entities that derive revenue from selling, or arranging for the sale of, medical devices that the physician-owners order and use in procedures they perform at hospitals. Although OIG has long-standing concerns about such arrangements, OIG recently issued a favorable advisory opinion (25-09) regarding a proposed arrangement involving physicians with an ownership interest in a medical device company.

August 19, 2025|Alerts

New 340B Rebate Model Pilot Program—What Covered Entities Need to Know

On August 1, 2025, the Health Resources and Services Administration issued a new pilot initiative under the 340B Drug Pricing Program that may significantly reshape longstanding pricing and discount frameworks. The 340B Rebate Model Pilot Program will allow participating drug manufacturers to offer post-sale, rebates to eligible 340B Covered Entities for select drugs, rather than providing upfront discounts.

July 30, 2025|Alerts

OIG Approves Free Lab Tests

An essential component of patient care hinges on a provider’s ability to accurately and efficiently diagnose diseases and prescribe effective treatments. The U.S. Department of Health and Human Services, Office of Inspector General’s (OIG) favorable advisory opinion (25-07) facilitates a provider’s ability to do just that.

July 1, 2025|Alerts

Ruling: No Surprises Act Does Not Stop Out-of-Network Providers from Suing Insurance Companies

On June 20, 2025, the United States District Court for the Southern District of New York issued an Opinion and Order finding, among other things, that the Federal No Surprises Act (NSA) does not automatically prevent health care providers from suing insurance companies when the insurer fails to pay for their services.

June 25, 2025|Alerts

OIG Rejects Payments for Exclusion Screenings

OIG recently rejected a medical device company’s (Company) novel proposal to pay a third-party (Screener) to perform exclusion screenings of the Company for the Company’s customers. OIG’s unfavorable Advisory Opinion (25-04) determined that this proposed arrangement (Arrangement) implicates the Federal Anti-Kickback Statute and raises concerns about inappropriate steering and anti-competitiveness.

June 18, 2025|Alerts

OIG Approves Telehealth Arrangement for Leased Employees

The U.S. Department of Health and Human Services, Office of Inspector General (OIG), recently issued a favorable Advisory Opinion (25-03) regarding a proposed arrangement (Arrangement) where a non-clinical management support organization and an affiliated professional corporation wholly owned by physician shareholders (PC) enters into lease agreements with telehealth platforms (Platforms) and providers employed by or contracted with these Platforms (Platform Providers).

June 11, 2025|Alerts

OIG Report Identifies Emerging Priorities

The U.S. Department of Health and Human Services, Office of Inspector General (OIG) recently released its Semiannual Report (SAR) covering the period October 1, 2024 to March 31, 2025. The SAR is a must-read because it identifies a wide array of risk areas, which will undoubtedly help providers modify their own risk assessments and audit work plans to stay ahead of government regulators in the ongoing fight against fraud, waste, and abuse.

June 6, 2025|Alerts

A New Look for DOJ White Collar Enforcement

The U.S. Department of Justice, Criminal Division (DOJ) recently and unexpectedly announced changes to the manner in which it handles criminal investigations and prosecutions of white-collar and corporate cases. These changes are aimed at clarifying DOJ’s criminal enforcement priorities, increasing the efficiency with which cases are investigated and resolved, and emphasizing the benefits of voluntarily self-disclosing potential misconduct. They also signal a more business-friendly approach than in the past, and will be undoubtedly welcomed by corporations and executives alike.

June 3, 2025|Alerts

CMS Expands Medicare Advantage Audits – Providers Be Wary

On May 21, 2025, Centers for Medicare & Medicaid Services (CMS) announced it will immediately expand its audits of Medicare Advantage (MA) plans to verify that the MA plans only submit accurate diagnoses for its enrollees. Although CMS directs these audits toward the MA plans, they inevitably impact providers.

May 30, 2025|Alerts

NY DOH Publishes Form for Reporting of Material Health Care Transactions

This month, the New York Department of Health (DOH) published a Material Transactions Notice Form for “heath care entities” to report “material transactions” to DOH.

May 22, 2025|Alerts

Connecticut Court Holds Providers Can Sue to Enforce NSA IDR Awards

On May 14, 2025, Judge Michael P. Shea of the Connecticut District Court soundly rejected the Texas NSA decision, and held that “the NSA creates a private cause of action to enforce IDR awards.”

April 30, 2025|Alerts

CMS Extends SNF Revalidation Deadline

The Centers for Medicare & Medicaid Services (CMS) extended the previous deadline of May 1, 2025 to August 1, 2025, for skilled nursing facilities (SNFs) to provide ownership and management information as well as information about other parties with which the SNFs are associated and the ownership structures of those parties.

March 21, 2025|Alerts

NY DOH Publishes FAQs Regarding Reporting of Health Care Transactions

In March, the New York Department of Health (DOH) published “frequently asked questions” (FAQs) related to the law that requires “health care entities” party to a “material transaction” to report the transaction to the DOH in advance. 

March 17, 2025|Alerts

New Telehealth Update: Medicare Waivers Extended To September 30, 2025

Congress has once again extended certain telehealth flexibilities until September 30, 2025 (which coincides with the end of the Congressional fiscal year).

February 19, 2025|Alerts

OIG Greenlights Free Vaccine Program

The U.S. Department of Health and Human Services, Office of Inspector General (OIG), posted a favorable Advisory Opinion (24-11) allowing a pharmaceutical manufacturer (Manufacturer) to provide free meningococcal vaccinations to eligible patients, including Federal health care program enrollees who receive Manufacturer’s U.S. Food and Drug Administration (FDA)-approved products that treat rare disorders.

February 19, 2025|Alerts

OIG Gives Discount Program Favorable Treatment

The U.S. Department of Health and Human Services (HHS), Office of Inspector General (OIG) posted a favorable Advisory Opinion (24-10) allowing the expansion of an existing loyalty program offered by a medical and dental supply distributor (Company) to its member customers (Customers), while cautioning that “discount” programs are typically high risk.

February 19, 2025|Alerts

Marketing Arrangements in Medicare Advantage Plans Under OIG Scrutiny

On December 11, 2024, the U.S. Department of Health and Human Services, Office of the Inspector General (OIG) published a Special Fraud Alert in response to the uptick in abusive marketing practices between Medicare Advantage Organizations (MAOs), health care providers, and ancillary participants (such as agents and brokers).

February 7, 2025|Events

HFMA Metro NY Chapter Winter 2025 Revenue Cycle Academy

Garfunkel Wild's Colleen M. Tarpey participated in a panel discussion at Healthcare Financial Management Association's Metro NY Chapter Winter 2025 Revenue Cycle Academy event, Friday, February 7, 2025.

January 24, 2025|Alerts

New York Proposes More Scrutiny for Health Care Transactions

On January 21, 2025, New York Governor Kathy Hochul released the proposed FY 2026 New York State Executive Budget, which includes enhanced scrutiny of material transactions involving health care entities.

January 22, 2025|Alerts

Second Circuit Adopts “One Purpose” Test

The United States Court of Appeals for the Second Circuit (Second Circuit or Court), which has Federal jurisdiction in Connecticut, New York, and Vermont, recently issued an important decision regarding health care provider liability under the False Claims Act (FCA) when a whistleblower alleges a violation of the Anti-Kickback Statute (AKS). The Second Circuit explicitly adopted the “one purpose” test for the first time to determine whether a financial arrangement between a provider and a referral source violates the AKS, and thus potentially subjects the parties to substantial fines and penalties under the FCA.

December 11, 2024|Alerts

New DOJ Report: Providers Beware

Last week, the U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services (HHS) released its annual, jointly authored Health Care Fraud and Abuse Control Program Report (the Report) for Fiscal Year 2023. 

December 11, 2024|Alerts

New OIG Priorities Emerge in Report

The U.S. Department of Health and Human Services (HHS), Office of Inspector General (OIG) released its Semiannual Report (SAR) to Congress on December 4, 2024.

November 21, 2024|Alerts

OIG Highlights New Concerns

This week, the U.S. Department of Health and Human Services (“HHS”), Office of Inspector General (“OIG”) fulfilled its annual statutory obligation by releasing its 2024 Top Management and Performance Challenges Report (the “Report”). Historically, the Report has not attracted widespread interest in the provider community because it largely focuses on HHS operational challenges. Importantly for providers and other stakeholders, however, the Report reveals crucial insights about compliance priorities for the year ahead.

November 18, 2024|Alerts

DEA Extends Telemedicine Prescription Rules Through 2025

The Drug Enforcement Administration (DEA) and the Department of Health and Human Services (HHS) have jointly issued a third emergency extension allowing health care practitioners to prescribe Schedule II-V controlled substances via audio-video telemedicine encounters without an initial in-person evaluation. This extension, effective from January 1, 2025 through December 31, 2025, also provides the DEA with additional time to finalize permanent regulations for prescribing controlled substances through telemedicine.

September 26, 2024|Alerts

New York Enacts Alarming Patient Consent Requirements

NYS Public Health Law 18-c, a new law set to become effective on October 20, 2024, will prohibit providers from obtaining a patient’s consent to pay for any health care services prior to the patient receiving services.

September 19, 2024|Alerts

OIG Nixes Medicare Advantage Gainsharing Payments

The U.S. Department of Health and Human Services, Office of Inspector General (the “OIG”) posted an unfavorable Advisory Opinion (24-08) prohibiting a Corporation offering Medicare Advantage (“MA”), MA-Prescription Drug (“PD”), and MA/MA-PD Employer Group Waiver Plans (“EGWPs”) from sharing a percentage of its savings with its covered groups via a gainshare payment (“Payment”).  

September 10, 2024|Alerts

Federal Rule Released to Address Mental Health Coverage Parity

This week, the Federal Departments of Treasury, Labor, and Health and Human Services (the Departments) released final rules strengthening consumer protections for patients seeking mental health and substance use disorder treatments.

August 26, 2024|Alerts

NYS Department of Health Issues Proposed PACE Regulations

On August 7, 2024, the New York State Department of Health’s (DOH) proposed regulations for a new, unified licensure process for Program of All-Inclusive Care for the Elderly (PACE) organizations were published in the New York State Register. The proposed regulations implement New York Public Health Law (PHL) Article 29-EE, which was enacted in 2022. The proposed regulations, if adopted, will impact PACE organizations that are currently operating, as well as entities with pending and future PACE applications.

August 5, 2024|Alerts

OIG Approves Patient Travel, but Not Fertility Services

OIG posted a partially favorable Advisory Opinion (24-05) permitting a biotechnology company to provide transportation, lodging, and payment of associated expenses for certain patients receiving gene therapy treatments for two severe genetic diseases. In the same Advisory Opinion, however, OIG responded unfavorably to the Company’s proposal to subsidize some or all costs related to fertility preservation and storage procedures for these same patients. 

July 1, 2024|Alerts

OIG Approves Drug Refund and Discount Program

The OIG's trend of ensuring access to care in compelling circumstances continued with a recent opinion allowing a pharmaceutical affiliate to refund, waive, or delay payment for a drug treating a rare, fatal pediatric immunodeficiency disorder.

June 27, 2024|Alerts

NY Issues Statewide Fiscal Intermediary RFP

As we reported in a prior alert titled "NY Upends CDPAP Fiscal Intermediary Framework", the New York State (NYS) budget for fiscal year 2025 significantly changed who can be a Fiscal Intermediary (FI) under the state’s Consumer Directed Personal Assistance Program (CDPAP).  

June 24, 2024|Alerts

OIG Greenlights Gene Therapy Assistance Program

The U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (24-03) permitting a pharmaceutical manufacturer (Manufacturer) to provide financial assistance  to qualified patients undergoing its gene therapy treatment for two severe genetic conditions.

June 6, 2024|Alerts

OIG Report Highlights Enforcement Priorities

The U.S. Department of Health and Human Services (HHS), Office of Inspector General (OIG) released its revamped Semiannual Report (SAR) on June 3, 2024.  The SAR’s new format focuses on the oversight work OIG completed during the reporting period, and emphasizes how this work directly addresses the Top Management Challenges Facing HHS. 

May 20, 2024|Alerts

Telehealth Update: NY Proposes Controlled Substance Prescribing, Waiting on DEA

On May 15, 2024, the New York State Department of Health (DOH) announced a pivotal change in its regulations, as it intends to permit health care providers to use telemedicine to conduct patient evaluations before prescribing controlled substances. Prior to the COVID-19 pandemic, DOH required health care providers to perform an initial in-person physical evaluation of patients before prescribing controlled substances.

May 1, 2024|Events

Be Prepared! NYS OMIG’s 2024 Work Plan Provides an Audit Roadmap for Health Care Providers of All Types

Garfunkel’s Compliance Webinar Series rolls on with an examination of the 2024 Work Plan published by the New York State Office of Medicaid Inspector General (OMIG).  

April 25, 2024|Alerts

FTC Bans Non-Competes Across the Nation

On Tuesday, April 23, 2024, the Federal Trade Commission (FTC) promulgated a final rule banning most non-compete agreements, in any industry, and is set to become effective 120 days after its publication in the Federal Register (the “Final Rule”).

April 18, 2024|Alerts

OIG Allows Patient Assistance Programs Funded by Drug Manufacturers

The U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (24-02) permitting a non-profit organization (Non-Profit) to provide financial support to eligible patients with specific rare diseases through assistance programs (Programs) it operates.

April 17, 2024|Events

HHS-OIG’s Plan for Oversight of Managed Care Programs: How the New Plan Impacts Providers

This Health Care Compliance webinar session will review HHS-OIG’s recently issued strategic plan for oversight of Medicare Managed Care and discuss the impact these initiatives could have on providers who participate in Medicare Advantage plans. 

March 1, 2024|Alerts

OIG Issues New Resource for Single Audits

The United States Department of Health and Human Services (HHS), Office of Inspector General (OIG) recently posted a new educational resource on its website about Single Audits.  HHS is the largest grant-making agency in the Federal government, and OIG’s new resource is designed to help key stakeholders understand the scope of Single Audits, as well as improve the overall quality of such audits.

February 15, 2024|Alerts

Hospitals Should Consider Legal Action to Resolve Medicare Advantage 340B Drugs Underpayments

Despite the United States Supreme Court’s finding that the reduction of Medicare reimbursement rates for 340B outpatient drugs was unlawful, Medicare Advantage organizations (“MAOs”) maintain that they have no similar responsibility to make hospitals whole.  

January 30, 2024|Alerts

New York OMIG Updates Self-Disclosure Guidance

The New York State Office of the Medicaid Inspector General (OMIG) recently updated its Self-Disclosure Guidance and Frequently Asked Questions (collectively, “Updates”). These Updates give participating providers and entities additional insight into how to report overpayments involving unresponsive Medicaid Managed Care Organizations (MMCOs) or multiple entities, as well as those that are untimely, have adjusted or voided claims, or lost or damaged records. 

January 17, 2024|Alerts

OMIG’s 2024 Work Plan Gives Critical Insights into Program Integrity Initiatives

The New York State Office of the Medicaid Inspector General (OMIG) released its 2024 work plan in furtherance of its mission to coordinate and conduct activities to prevent, detect and investigate medical assistance program fraud, waste and abuse, and to recover improperly expended Medicaid funds.  

January 17, 2024|Alerts

OIG’s Newest Strategic Plan Prioritizes Managed Care Oversight

The U.S. Department of Health and Human Services, Office of Inspector General (OIG) recently designated oversight of managed care as a “priority area”, and developed a coordinated strategic plan (the Plan) to better align its audits, evaluations, investigations, and enforcement of managed care. 

January 17, 2024|Alerts

OIG Issues Toolkit for Medicare Advantage Organizations

The U.S. Department of Health and Human Services, Office of Inspector General (OIG) released a new toolkit to help Medicare Advantage (MA) organizations replicate OIG audit methodologies to detect and correct inaccurate diagnosis codes in their own systems.  

January 17, 2024|Alerts

OIG Approves Use of Gift Cards for Referrals in Certification-Heavy Advisory Opinion

The U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (23-15) permitting a consulting company’s (Consultant) proposal to offer gift cards to its current physician practice customers for referring potential new physician practice customers to Consultant.  Notably, OIG determined that the proposed arrangement did not implicate the Anti-Kickback Statute (AKS). 

January 17, 2024|Alerts

OIG Approves Creative Approach to Restructuring Medical Practice Partnerships

The U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (23-12) that allows a limited liability partnership (the Partnership) consisting of two classes of physician partners to make a one-time, voluntary redemption offer (offer) to individual partners when they reach age 67.  

January 17, 2024|Alerts

Favorable OIG Advisory Opinion Allows Subsidies for FDA-Approved Clinical Studies

The U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (23-11) that allows a medical device manufacturer (Manufacturer) to subsidize Medicare cost-sharing obligations as part of a U.S. Food & Drug Administration (FDA)-approved clinical study involving a Category B Investigational Device Exemption.  

December 21, 2023|Alerts

OIG’s Favorable Advisory Opinions Allow Incentives to Medigap Plan Policyholders

The U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted two favorable Advisory Opinions (23-09 and 23-10) to allow a licensed offeror of Medicare Supplemental Health Insurance (Medigap Plan) policies and a preferred health organization (PHO) (collectively, “the requestors”) to incentivize Medigap Plan policyholders to seek inpatient care from a hospital within the PHO’s network.  Notably, OIG issued these favorable opinions even though the proposed incentives implicated the Anti-Kickback Statute (AKS) and the Beneficiary Inducement Civil Money Penalty (CMP), and there was no applicable exception or safe harbor.

December 21, 2023|Alerts

More Provider “Nuggets” From OIG’s Year-End Reporting Blitz

Continuing its year-end reporting blitz, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) released its Semiannual Report (SAR) to Congress on December 1, 2023. 

November 30, 2023|Alerts

DOJ/HHS Jointly Release “Highlight Reel” Report

This week, the United States Department of Justice (DOJ) and the United States Department of Health and Human Services (HHS) fulfilled its annual statutory obligation by releasing its jointly-authored Health Care Fraud and Abuse Control Program (HCFAC) Report for Fiscal Year 2022.

November 20, 2023|Alerts

OIG Provides Roadmap to Hot-Button Issues

The OIG fulfilled its annual statutory obligation by releasing its Top Management and Performance Challenges (TMC) document. Providers should take note because the document provides important insight into the specific areas over which HHS (and the OIG) will remain focused.  

November 16, 2023|Events

The Federal No Surprises Act – Its Impact on Florida Physicians

On January 1, 2022, the Federal No Surprises Act (NSA) went into effect to protect patients from surprise bills for out-of-network services but the law’s impact on physicians has been significant. Join us as we walk you through what you need to know about the NSA.

August 22, 2023|Alerts

CMS Releases Updated Request for Applications for New Making Care Primary Model

On August 14, 2023, the Centers for Medicare & Medicaid Services (CMS) issued a request for applications for the Making Care Primary (MCP) Model, its newest innovation program aimed at improving patient care by supporting the delivery of advanced primary care services

May 5, 2023|Alerts

New York Enacts Notice Requirement for Health Care Transactions

The final budget for fiscal year 2023-2024 passed this week by the New York State legislature requires certain health care entities to pre-notify the Department of Health (the “Department”) of “material transactions” that meet certain financial thresholds. 

April 27, 2023|Events

HFMA Metro New York Chapter’s Annual Revenue Cycle Academy

Garfunkel Wild's Michael Keane will present at the Healthcare Financial Management Association (HFMA) Metro New York Chapter’s Annual Revenue Cycle Academy, on April 27, 2023. 

January 20, 2023|Publications

Federal No Surprises Act – 2023 Enforcement Of The Good Faith Estimate For Convening Providers And Facilities

The No Surprises Act requires providers and facilities to provide uninsured or self-pay individuals with a good faith estimate (“GFE”) of expected charges for a scheduled or requested item or service. 

October 11, 2022|Alerts

The Office of Inspector General Updates Its Work Plan for Evaluation, Inspection & Audit of Inpatient Rehabilitation Facilities, Medicaid Managed Care Plans, and Hospitals

The Office of Inspector General (“OIG”) recently updated its Work Plan to include concerns with: inpatient rehabilitation facilities (“IRF”), a focus on Fraud Referrals with Medicaid Managed Care Plans, and audits on hospital price transparency.  Below is a summary of the updates to the Work Plan.

April 5, 2022|Alerts

New York Lifts Suspension of Nursing Home Staffing/Minimum Spending Requirements

Governor Kathy Hochul re-instated provisions in the State Public Health Law (Sections 2895-b[3] and 2828[1]). The New York State Department of Health (DOH) later notified nursing home administrators that these two provisions are in “full effect” as of April 1, 2022.

February 1, 2022|Events

Garfunkel Wild Webinar – Federal No Surprises Act – One Month In. What Have We Learned? What Questions Remain?

Garfunkel Wild’s Debra Silverman and John Martin will present the webinar “Federal No Surprises Act – One month in. What have we learned? What questions remain?" on February 1, 2022, from 12:00 pm – 1:00 pm (EST).

October 25, 2021|Events

Leading Age Annual Meeting

Garfunkel Wild Partner Director Debra Silverman will present at the Leading Age Annual Meeting on October 25, 2021.

March 5, 2021|Alerts

New York Medicaid Postpones Transition of Pharmacy Benefit

Last year, New York State approved the transition of the Medicaid pharmacy benefit, from managed care (MMC) back to fee-for-service (FFS). The effective date of that transition has been postponed for one month, to May 1, 2021.

November 7, 2020|Events

New York State Society of Orthopaedic Surgeons Virtual Annual Meeting and Symposium

Barry Cepelewicz will present at the New York State Society Of Orthopaedic Surgeons Virtual Annual Meeting and Symposium – November 7, 2020.

September 9, 2020|Events

LeadingAge New York Financial Professionals Virtual Annual Conference

Debra A. Silverman will present at the LeadingAge New York Financial Professionals Virtual Annual Conference & Expo on September 9, 2020.

March 25, 2020|Events

Garfunkel Wild Webinar – COVID-19 Billing for Telemedicine Services and Q&A Session

Garfunkel Wild Partner/Director Debra A. Silverman and Partner Stacey L. Gulick along with Certified Professional Coder and President of ProCode Compliance Solutions, LLC, Alicia Shickle will present the webinar “COVID-19 Billing for Telemedicine Services and Q&A Session” on March 25, 2020.

March 23, 2020|Alerts

Coronavirus (Covid-19) New York State Nursing Home Guidance

New York State’s rapidly evolving response to COVID-19 has resulted in a number of new Executive Orders (“Orders”) from Governor Cuomo, as well as various regulatory waivers and guidance from the Centers for Medicare and Medicaid Services, the New York State Department of Health and other state agencies. 

January 29, 2020|Events

Garfunkel Wild Webinar – IPAs & Managed Care – What Nursing Homes Need to Know for 2020?

Garfunkel Wild Partner/Director Debra Silverman will present “IPAs and Managed Care – What Nursing Homes Need to Know for 2020,” on January 29, 2020.

September 11, 2019|Events

LeadingAge New York Financial Professionals Annual Conference

Debra A. Silverman will present at the LeadingAge New York Financial Professionals Annual Conference on September 11, 2019.

September 10, 2019|Events

Community Health Care Services Foundation, Inc. (CHC) Webinar – Managed Long Term Care Managed Long Term Care Value Based Payment Contracting

Debra A. Silverman will present at the Community Health Care Services Foundation, Inc. Webinar – Managed Long Term Care on September 10, 2019.

August 8, 2019|Events

2019 ASC and Healthcare Management Pre-Symposium Webinar: Resolving Payer Obstacles

Garfunkel Wild Partner/Director Debra A. Silverman and will be joined by Garfunkel Health Advisors to present a complimentary webinar entitled “Resolving Payer Obstacles.”

May 21, 2019|Events

LeadingAge New York Annual Conference & Exposition

Debra A. Silverman will present at the LeadingAge New York Annual Conference & Exposition on May 21, 2019.

February 27, 2019|Events

New York State Society of Orthopaedic Surgeons’ Webinar – Understanding Value Based Payments

Debra A. Silverman will present at the New York State Society Of Orthopaedic Surgeons’ Webinar – Understanding Value Based Payments on February 27, 2019.

Today, participation with managed care organizations (MCOs) typically accounts for a majority of a health care provider’s revenue.  Central to maximizing that revenue is the participation agreement between the provider and the MCO. Garfunkel Wild has negotiated hundreds of managed care agreements on behalf of health care systems, community hospitals, physician groups, federally qualified health centers, and various other professional, institutional health care providers and provider networks.

Garfunkel Wild has stayed on top of the trends as managed care contracting has moved from fee for service to value based payment arrangements.  Our broad experience with managed care contracting helps to ensure that our clients receive the benefit of their bargained contract – to get paid fairly and timely for the services they render.  Garfunkel Wild has negotiated some of the largest fee for service agreements and risk compensation arrangements in the region and regularly deals with major commercial MCOs, including United Healthcare, Aetna, Anthem, Horizon BlueCross BlueShield, and CIGNA, as well as Medicare and Medicaid managed care plans including Healthfirst, Humana, Fidelis, Affinity, Molina, Horizon NJ Health, Amerigroup, and Wellcare.  MCOs view us as tough negotiators who know the issues and who have earned their respect over the years — our clients benefit from these good working relationships.

Yet negotiating a solid contract is not the end of the process.  Garfunkel Wild supports clients through the implementation process where managed care provides a new payment mechanism, e.g., community based organizations and other providers that render services that encompass social determinants of health. Garfunkel Wild also regularly advises clients with respect to audits and repayment demands by MCOs, often significantly reducing client exposure.

Practice Group Contacts

Featured Image

Debra A. Silverman

Partner/Director
516-393-2225

Team

Featured Image

Andrew E. Blustein

Chairman
516-393-2218
Featured Image

Jeffrey S. Brown

Of Counsel
201-518-3400
Featured Image

Michael J. Keane

Partner/Director
516-393-2263
Featured Image

Alison T. Schimel

Associate
516-393-2506
Featured Image

Manish I. Shah

Partner
516-393-2503
Featured Image

Marc A. Sittenreich

Partner
516-393-2533
Featured Image

Joshua M. Zarcone

Senior Attorney
516-393-2589
Featured Image

Andrew L. Zwerling

Partner/Director
516-393-2581

November 24, 2025|Alerts

Post-Shutdown Telehealth Guidance

As we explained in our previous client alert, at the time the government shutdown ended, it was unclear whether Medicare telehealth services provided during that time (October 1 through November 12, 2025) would be reimbursed. CMS has since issued updated guidance.

November 14, 2025|Alerts

NEW TELEHEALTH UPDATE: Medicare Waivers Extended to January 30, 2026

Congress has once again temporarily extended key Medicare telehealth flexibilities, this time through January 30, 2026.

September 22, 2025|Alerts

OIG Allows Grants to Offset Therapy Costs

Access to and the cost of health care for children with complex medical needs is a significant burden for many families. Grants can serve as an important lifeline that allows families to obtain and afford medically necessary and appropriate care for their children. The U.S. Department of Health and Human Services, Office of Inspector General’s (OIG) favorable advisory opinion (25-10) is another positive step towards ensuring that children with special medical needs receive timely and affordable care.

September 16, 2025|Alerts

OIG Scrutinizes Remote Patient Monitoring

As remote patient monitoring (RPM) continues to grow in popularity, the U.S. Department of Health and Human Services, Office of Inspector General (OIG) is keeping close watch on how providers are billing, coding, and documenting these services.

September 9, 2025|Alerts

2026 Proposed Fee Schedule Changes

Each year, the Centers for Medicare & Medicaid Services’ issuance of its proposed rule for the Medicare Physician Fee Schedule creates potentially significant changes to PFS payments and Part B in particular. The impact of these proposed changes can be widespread and complex, and it is important to understand how these changes may affect you or your practice.

August 19, 2025|Alerts

OIG Approves Physician Ownership of Device Company

In an increasingly competitive environment, many physicians seek creative ways to grow their personal brands, their practices, and their revenue. One common vehicle for achieving these goals involves physician-owned entities that derive revenue from selling, or arranging for the sale of, medical devices that the physician-owners order and use in procedures they perform at hospitals. Although OIG has long-standing concerns about such arrangements, OIG recently issued a favorable advisory opinion (25-09) regarding a proposed arrangement involving physicians with an ownership interest in a medical device company.

August 19, 2025|Alerts

New 340B Rebate Model Pilot Program—What Covered Entities Need to Know

On August 1, 2025, the Health Resources and Services Administration issued a new pilot initiative under the 340B Drug Pricing Program that may significantly reshape longstanding pricing and discount frameworks. The 340B Rebate Model Pilot Program will allow participating drug manufacturers to offer post-sale, rebates to eligible 340B Covered Entities for select drugs, rather than providing upfront discounts.

July 30, 2025|Alerts

OIG Approves Free Lab Tests

An essential component of patient care hinges on a provider’s ability to accurately and efficiently diagnose diseases and prescribe effective treatments. The U.S. Department of Health and Human Services, Office of Inspector General’s (OIG) favorable advisory opinion (25-07) facilitates a provider’s ability to do just that.

July 1, 2025|Alerts

Ruling: No Surprises Act Does Not Stop Out-of-Network Providers from Suing Insurance Companies

On June 20, 2025, the United States District Court for the Southern District of New York issued an Opinion and Order finding, among other things, that the Federal No Surprises Act (NSA) does not automatically prevent health care providers from suing insurance companies when the insurer fails to pay for their services.

June 25, 2025|Alerts

OIG Rejects Payments for Exclusion Screenings

OIG recently rejected a medical device company’s (Company) novel proposal to pay a third-party (Screener) to perform exclusion screenings of the Company for the Company’s customers. OIG’s unfavorable Advisory Opinion (25-04) determined that this proposed arrangement (Arrangement) implicates the Federal Anti-Kickback Statute and raises concerns about inappropriate steering and anti-competitiveness.

June 18, 2025|Alerts

OIG Approves Telehealth Arrangement for Leased Employees

The U.S. Department of Health and Human Services, Office of Inspector General (OIG), recently issued a favorable Advisory Opinion (25-03) regarding a proposed arrangement (Arrangement) where a non-clinical management support organization and an affiliated professional corporation wholly owned by physician shareholders (PC) enters into lease agreements with telehealth platforms (Platforms) and providers employed by or contracted with these Platforms (Platform Providers).

June 11, 2025|Alerts

OIG Report Identifies Emerging Priorities

The U.S. Department of Health and Human Services, Office of Inspector General (OIG) recently released its Semiannual Report (SAR) covering the period October 1, 2024 to March 31, 2025. The SAR is a must-read because it identifies a wide array of risk areas, which will undoubtedly help providers modify their own risk assessments and audit work plans to stay ahead of government regulators in the ongoing fight against fraud, waste, and abuse.

June 6, 2025|Alerts

A New Look for DOJ White Collar Enforcement

The U.S. Department of Justice, Criminal Division (DOJ) recently and unexpectedly announced changes to the manner in which it handles criminal investigations and prosecutions of white-collar and corporate cases. These changes are aimed at clarifying DOJ’s criminal enforcement priorities, increasing the efficiency with which cases are investigated and resolved, and emphasizing the benefits of voluntarily self-disclosing potential misconduct. They also signal a more business-friendly approach than in the past, and will be undoubtedly welcomed by corporations and executives alike.

June 3, 2025|Alerts

CMS Expands Medicare Advantage Audits – Providers Be Wary

On May 21, 2025, Centers for Medicare & Medicaid Services (CMS) announced it will immediately expand its audits of Medicare Advantage (MA) plans to verify that the MA plans only submit accurate diagnoses for its enrollees. Although CMS directs these audits toward the MA plans, they inevitably impact providers.

May 30, 2025|Alerts

NY DOH Publishes Form for Reporting of Material Health Care Transactions

This month, the New York Department of Health (DOH) published a Material Transactions Notice Form for “heath care entities” to report “material transactions” to DOH.

May 22, 2025|Alerts

Connecticut Court Holds Providers Can Sue to Enforce NSA IDR Awards

On May 14, 2025, Judge Michael P. Shea of the Connecticut District Court soundly rejected the Texas NSA decision, and held that “the NSA creates a private cause of action to enforce IDR awards.”

April 30, 2025|Alerts

CMS Extends SNF Revalidation Deadline

The Centers for Medicare & Medicaid Services (CMS) extended the previous deadline of May 1, 2025 to August 1, 2025, for skilled nursing facilities (SNFs) to provide ownership and management information as well as information about other parties with which the SNFs are associated and the ownership structures of those parties.

March 21, 2025|Alerts

NY DOH Publishes FAQs Regarding Reporting of Health Care Transactions

In March, the New York Department of Health (DOH) published “frequently asked questions” (FAQs) related to the law that requires “health care entities” party to a “material transaction” to report the transaction to the DOH in advance. 

March 17, 2025|Alerts

New Telehealth Update: Medicare Waivers Extended To September 30, 2025

Congress has once again extended certain telehealth flexibilities until September 30, 2025 (which coincides with the end of the Congressional fiscal year).

February 19, 2025|Alerts

OIG Greenlights Free Vaccine Program

The U.S. Department of Health and Human Services, Office of Inspector General (OIG), posted a favorable Advisory Opinion (24-11) allowing a pharmaceutical manufacturer (Manufacturer) to provide free meningococcal vaccinations to eligible patients, including Federal health care program enrollees who receive Manufacturer’s U.S. Food and Drug Administration (FDA)-approved products that treat rare disorders.

February 19, 2025|Alerts

OIG Gives Discount Program Favorable Treatment

The U.S. Department of Health and Human Services (HHS), Office of Inspector General (OIG) posted a favorable Advisory Opinion (24-10) allowing the expansion of an existing loyalty program offered by a medical and dental supply distributor (Company) to its member customers (Customers), while cautioning that “discount” programs are typically high risk.

February 19, 2025|Alerts

Marketing Arrangements in Medicare Advantage Plans Under OIG Scrutiny

On December 11, 2024, the U.S. Department of Health and Human Services, Office of the Inspector General (OIG) published a Special Fraud Alert in response to the uptick in abusive marketing practices between Medicare Advantage Organizations (MAOs), health care providers, and ancillary participants (such as agents and brokers).

February 11, 2025|Events

HFMA Metro NY Chapter Winter 2025 Revenue Cycle Academy

Garfunkel Wild's Colleen M. Tarpey participated in a panel discussion at Healthcare Financial Management Association's Metro NY Chapter Winter 2025 Revenue Cycle Academy event, Friday, February 7, 2025.

January 24, 2025|Alerts

New York Proposes More Scrutiny for Health Care Transactions

On January 21, 2025, New York Governor Kathy Hochul released the proposed FY 2026 New York State Executive Budget, which includes enhanced scrutiny of material transactions involving health care entities.

January 22, 2025|Alerts

Second Circuit Adopts “One Purpose” Test

The United States Court of Appeals for the Second Circuit (Second Circuit or Court), which has Federal jurisdiction in Connecticut, New York, and Vermont, recently issued an important decision regarding health care provider liability under the False Claims Act (FCA) when a whistleblower alleges a violation of the Anti-Kickback Statute (AKS). The Second Circuit explicitly adopted the “one purpose” test for the first time to determine whether a financial arrangement between a provider and a referral source violates the AKS, and thus potentially subjects the parties to substantial fines and penalties under the FCA.

December 11, 2024|Alerts

New DOJ Report: Providers Beware

Last week, the U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services (HHS) released its annual, jointly authored Health Care Fraud and Abuse Control Program Report (the Report) for Fiscal Year 2023. 

December 11, 2024|Alerts

New OIG Priorities Emerge in Report

The U.S. Department of Health and Human Services (HHS), Office of Inspector General (OIG) released its Semiannual Report (SAR) to Congress on December 4, 2024.

November 21, 2024|Alerts

OIG Highlights New Concerns

This week, the U.S. Department of Health and Human Services (“HHS”), Office of Inspector General (“OIG”) fulfilled its annual statutory obligation by releasing its 2024 Top Management and Performance Challenges Report (the “Report”). Historically, the Report has not attracted widespread interest in the provider community because it largely focuses on HHS operational challenges. Importantly for providers and other stakeholders, however, the Report reveals crucial insights about compliance priorities for the year ahead.

November 18, 2024|Alerts

DEA Extends Telemedicine Prescription Rules Through 2025

The Drug Enforcement Administration (DEA) and the Department of Health and Human Services (HHS) have jointly issued a third emergency extension allowing health care practitioners to prescribe Schedule II-V controlled substances via audio-video telemedicine encounters without an initial in-person evaluation. This extension, effective from January 1, 2025 through December 31, 2025, also provides the DEA with additional time to finalize permanent regulations for prescribing controlled substances through telemedicine.

September 26, 2024|Alerts

New York Enacts Alarming Patient Consent Requirements

NYS Public Health Law 18-c, a new law set to become effective on October 20, 2024, will prohibit providers from obtaining a patient’s consent to pay for any health care services prior to the patient receiving services.

September 19, 2024|Alerts

OIG Nixes Medicare Advantage Gainsharing Payments

The U.S. Department of Health and Human Services, Office of Inspector General (the “OIG”) posted an unfavorable Advisory Opinion (24-08) prohibiting a Corporation offering Medicare Advantage (“MA”), MA-Prescription Drug (“PD”), and MA/MA-PD Employer Group Waiver Plans (“EGWPs”) from sharing a percentage of its savings with its covered groups via a gainshare payment (“Payment”).  

September 10, 2024|Alerts

Federal Rule Released to Address Mental Health Coverage Parity

This week, the Federal Departments of Treasury, Labor, and Health and Human Services (the Departments) released final rules strengthening consumer protections for patients seeking mental health and substance use disorder treatments.

August 26, 2024|Alerts

NYS Department of Health Issues Proposed PACE Regulations

On August 7, 2024, the New York State Department of Health’s (DOH) proposed regulations for a new, unified licensure process for Program of All-Inclusive Care for the Elderly (PACE) organizations were published in the New York State Register. The proposed regulations implement New York Public Health Law (PHL) Article 29-EE, which was enacted in 2022. The proposed regulations, if adopted, will impact PACE organizations that are currently operating, as well as entities with pending and future PACE applications.

August 5, 2024|Alerts

OIG Approves Patient Travel, but Not Fertility Services

OIG posted a partially favorable Advisory Opinion (24-05) permitting a biotechnology company to provide transportation, lodging, and payment of associated expenses for certain patients receiving gene therapy treatments for two severe genetic diseases. In the same Advisory Opinion, however, OIG responded unfavorably to the Company’s proposal to subsidize some or all costs related to fertility preservation and storage procedures for these same patients. 

July 1, 2024|Alerts

OIG Approves Drug Refund and Discount Program

The OIG's trend of ensuring access to care in compelling circumstances continued with a recent opinion allowing a pharmaceutical affiliate to refund, waive, or delay payment for a drug treating a rare, fatal pediatric immunodeficiency disorder.

June 27, 2024|Alerts

NY Issues Statewide Fiscal Intermediary RFP

As we reported in a prior alert titled "NY Upends CDPAP Fiscal Intermediary Framework", the New York State (NYS) budget for fiscal year 2025 significantly changed who can be a Fiscal Intermediary (FI) under the state’s Consumer Directed Personal Assistance Program (CDPAP).  

June 24, 2024|Alerts

OIG Greenlights Gene Therapy Assistance Program

The U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (24-03) permitting a pharmaceutical manufacturer (Manufacturer) to provide financial assistance  to qualified patients undergoing its gene therapy treatment for two severe genetic conditions.

June 6, 2024|Alerts

OIG Report Highlights Enforcement Priorities

The U.S. Department of Health and Human Services (HHS), Office of Inspector General (OIG) released its revamped Semiannual Report (SAR) on June 3, 2024.  The SAR’s new format focuses on the oversight work OIG completed during the reporting period, and emphasizes how this work directly addresses the Top Management Challenges Facing HHS. 

May 20, 2024|Alerts

Telehealth Update: NY Proposes Controlled Substance Prescribing, Waiting on DEA

On May 15, 2024, the New York State Department of Health (DOH) announced a pivotal change in its regulations, as it intends to permit health care providers to use telemedicine to conduct patient evaluations before prescribing controlled substances. Prior to the COVID-19 pandemic, DOH required health care providers to perform an initial in-person physical evaluation of patients before prescribing controlled substances.

May 1, 2024|Events

Be Prepared! NYS OMIG’s 2024 Work Plan Provides an Audit Roadmap for Health Care Providers of All Types

Garfunkel’s Compliance Webinar Series rolls on with an examination of the 2024 Work Plan published by the New York State Office of Medicaid Inspector General (OMIG).  

April 25, 2024|Alerts

FTC Bans Non-Competes Across the Nation

On Tuesday, April 23, 2024, the Federal Trade Commission (FTC) promulgated a final rule banning most non-compete agreements, in any industry, and is set to become effective 120 days after its publication in the Federal Register (the “Final Rule”).

April 18, 2024|Alerts

OIG Allows Patient Assistance Programs Funded by Drug Manufacturers

The U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (24-02) permitting a non-profit organization (Non-Profit) to provide financial support to eligible patients with specific rare diseases through assistance programs (Programs) it operates.

April 17, 2024|Events

HHS-OIG’s Plan for Oversight of Managed Care Programs: How the New Plan Impacts Providers

This Health Care Compliance webinar session will review HHS-OIG’s recently issued strategic plan for oversight of Medicare Managed Care and discuss the impact these initiatives could have on providers who participate in Medicare Advantage plans. 

March 1, 2024|Alerts

OIG Issues New Resource for Single Audits

The United States Department of Health and Human Services (HHS), Office of Inspector General (OIG) recently posted a new educational resource on its website about Single Audits.  HHS is the largest grant-making agency in the Federal government, and OIG’s new resource is designed to help key stakeholders understand the scope of Single Audits, as well as improve the overall quality of such audits.

February 15, 2024|Alerts

Hospitals Should Consider Legal Action to Resolve Medicare Advantage 340B Drugs Underpayments

Despite the United States Supreme Court’s finding that the reduction of Medicare reimbursement rates for 340B outpatient drugs was unlawful, Medicare Advantage organizations (“MAOs”) maintain that they have no similar responsibility to make hospitals whole.  

January 30, 2024|Alerts

New York OMIG Updates Self-Disclosure Guidance

The New York State Office of the Medicaid Inspector General (OMIG) recently updated its Self-Disclosure Guidance and Frequently Asked Questions (collectively, “Updates”). These Updates give participating providers and entities additional insight into how to report overpayments involving unresponsive Medicaid Managed Care Organizations (MMCOs) or multiple entities, as well as those that are untimely, have adjusted or voided claims, or lost or damaged records. 

January 17, 2024|Alerts

OMIG’s 2024 Work Plan Gives Critical Insights into Program Integrity Initiatives

The New York State Office of the Medicaid Inspector General (OMIG) released its 2024 work plan in furtherance of its mission to coordinate and conduct activities to prevent, detect and investigate medical assistance program fraud, waste and abuse, and to recover improperly expended Medicaid funds.  

January 17, 2024|Alerts

OIG’s Newest Strategic Plan Prioritizes Managed Care Oversight

The U.S. Department of Health and Human Services, Office of Inspector General (OIG) recently designated oversight of managed care as a “priority area”, and developed a coordinated strategic plan (the Plan) to better align its audits, evaluations, investigations, and enforcement of managed care. 

January 17, 2024|Alerts

OIG Issues Toolkit for Medicare Advantage Organizations

The U.S. Department of Health and Human Services, Office of Inspector General (OIG) released a new toolkit to help Medicare Advantage (MA) organizations replicate OIG audit methodologies to detect and correct inaccurate diagnosis codes in their own systems.  

January 17, 2024|Alerts

OIG Approves Use of Gift Cards for Referrals in Certification-Heavy Advisory Opinion

The U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (23-15) permitting a consulting company’s (Consultant) proposal to offer gift cards to its current physician practice customers for referring potential new physician practice customers to Consultant.  Notably, OIG determined that the proposed arrangement did not implicate the Anti-Kickback Statute (AKS). 

January 17, 2024|Alerts

OIG Approves Creative Approach to Restructuring Medical Practice Partnerships

The U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (23-12) that allows a limited liability partnership (the Partnership) consisting of two classes of physician partners to make a one-time, voluntary redemption offer (offer) to individual partners when they reach age 67.  

January 17, 2024|Alerts

Favorable OIG Advisory Opinion Allows Subsidies for FDA-Approved Clinical Studies

The U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (23-11) that allows a medical device manufacturer (Manufacturer) to subsidize Medicare cost-sharing obligations as part of a U.S. Food & Drug Administration (FDA)-approved clinical study involving a Category B Investigational Device Exemption.  

December 21, 2023|Alerts

OIG’s Favorable Advisory Opinions Allow Incentives to Medigap Plan Policyholders

The U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted two favorable Advisory Opinions (23-09 and 23-10) to allow a licensed offeror of Medicare Supplemental Health Insurance (Medigap Plan) policies and a preferred health organization (PHO) (collectively, “the requestors”) to incentivize Medigap Plan policyholders to seek inpatient care from a hospital within the PHO’s network.  Notably, OIG issued these favorable opinions even though the proposed incentives implicated the Anti-Kickback Statute (AKS) and the Beneficiary Inducement Civil Money Penalty (CMP), and there was no applicable exception or safe harbor.

December 21, 2023|Alerts

More Provider “Nuggets” From OIG’s Year-End Reporting Blitz

Continuing its year-end reporting blitz, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) released its Semiannual Report (SAR) to Congress on December 1, 2023. 

November 30, 2023|Alerts

DOJ/HHS Jointly Release “Highlight Reel” Report

This week, the United States Department of Justice (DOJ) and the United States Department of Health and Human Services (HHS) fulfilled its annual statutory obligation by releasing its jointly-authored Health Care Fraud and Abuse Control Program (HCFAC) Report for Fiscal Year 2022.

November 20, 2023|Alerts

OIG Provides Roadmap to Hot-Button Issues

The OIG fulfilled its annual statutory obligation by releasing its Top Management and Performance Challenges (TMC) document. Providers should take note because the document provides important insight into the specific areas over which HHS (and the OIG) will remain focused.  

November 16, 2023|Events

The Federal No Surprises Act – Its Impact on Florida Physicians

On January 1, 2022, the Federal No Surprises Act (NSA) went into effect to protect patients from surprise bills for out-of-network services but the law’s impact on physicians has been significant. Join us as we walk you through what you need to know about the NSA.

August 22, 2023|Alerts

CMS Releases Updated Request for Applications for New Making Care Primary Model

On August 14, 2023, the Centers for Medicare & Medicaid Services (CMS) issued a request for applications for the Making Care Primary (MCP) Model, its newest innovation program aimed at improving patient care by supporting the delivery of advanced primary care services

May 5, 2023|Alerts

New York Enacts Notice Requirement for Health Care Transactions

The final budget for fiscal year 2023-2024 passed this week by the New York State legislature requires certain health care entities to pre-notify the Department of Health (the “Department”) of “material transactions” that meet certain financial thresholds. 

April 27, 2023|Events

HFMA Metro New York Chapter’s Annual Revenue Cycle Academy

Garfunkel Wild's Michael Keane will present at the Healthcare Financial Management Association (HFMA) Metro New York Chapter’s Annual Revenue Cycle Academy, on April 27, 2023. 

January 20, 2023|Publications

Federal No Surprises Act – 2023 Enforcement Of The Good Faith Estimate For Convening Providers And Facilities

The No Surprises Act requires providers and facilities to provide uninsured or self-pay individuals with a good faith estimate (“GFE”) of expected charges for a scheduled or requested item or service. 

October 11, 2022|Alerts

The Office of Inspector General Updates Its Work Plan for Evaluation, Inspection & Audit of Inpatient Rehabilitation Facilities, Medicaid Managed Care Plans, and Hospitals

The Office of Inspector General (“OIG”) recently updated its Work Plan to include concerns with: inpatient rehabilitation facilities (“IRF”), a focus on Fraud Referrals with Medicaid Managed Care Plans, and audits on hospital price transparency.  Below is a summary of the updates to the Work Plan.

April 5, 2022|Alerts

New York Lifts Suspension of Nursing Home Staffing/Minimum Spending Requirements

Governor Kathy Hochul re-instated provisions in the State Public Health Law (Sections 2895-b[3] and 2828[1]). The New York State Department of Health (DOH) later notified nursing home administrators that these two provisions are in “full effect” as of April 1, 2022.

February 1, 2022|Events

Garfunkel Wild Webinar – Federal No Surprises Act – One Month In. What Have We Learned? What Questions Remain?

Garfunkel Wild’s Debra Silverman and John Martin will present the webinar “Federal No Surprises Act – One month in. What have we learned? What questions remain?" on February 1, 2022, from 12:00 pm – 1:00 pm (EST).

October 25, 2021|Events

Leading Age Annual Meeting

Garfunkel Wild Partner Director Debra Silverman will present at the Leading Age Annual Meeting on October 25, 2021.

March 5, 2021|Alerts

New York Medicaid Postpones Transition of Pharmacy Benefit

Last year, New York State approved the transition of the Medicaid pharmacy benefit, from managed care (MMC) back to fee-for-service (FFS). The effective date of that transition has been postponed for one month, to May 1, 2021.

November 7, 2020|Events

New York State Society of Orthopaedic Surgeons Virtual Annual Meeting and Symposium

Barry Cepelewicz will present at the New York State Society Of Orthopaedic Surgeons Virtual Annual Meeting and Symposium – November 7, 2020.

September 9, 2020|Events

LeadingAge New York Financial Professionals Virtual Annual Conference

Debra A. Silverman will present at the LeadingAge New York Financial Professionals Virtual Annual Conference & Expo on September 9, 2020.

March 25, 2020|Events

Garfunkel Wild Webinar – COVID-19 Billing for Telemedicine Services and Q&A Session

Garfunkel Wild Partner/Director Debra A. Silverman and Partner Stacey L. Gulick along with Certified Professional Coder and President of ProCode Compliance Solutions, LLC, Alicia Shickle will present the webinar “COVID-19 Billing for Telemedicine Services and Q&A Session” on March 25, 2020.

March 23, 2020|Alerts

Coronavirus (Covid-19) New York State Nursing Home Guidance

New York State’s rapidly evolving response to COVID-19 has resulted in a number of new Executive Orders (“Orders”) from Governor Cuomo, as well as various regulatory waivers and guidance from the Centers for Medicare and Medicaid Services, the New York State Department of Health and other state agencies. 

January 29, 2020|Events

Garfunkel Wild Webinar – IPAs & Managed Care – What Nursing Homes Need to Know for 2020?

Garfunkel Wild Partner/Director Debra Silverman will present “IPAs and Managed Care – What Nursing Homes Need to Know for 2020,” on January 29, 2020.

September 11, 2019|Events

LeadingAge New York Financial Professionals Annual Conference

Debra A. Silverman will present at the LeadingAge New York Financial Professionals Annual Conference on September 11, 2019.

September 10, 2019|Events

Community Health Care Services Foundation, Inc. (CHC) Webinar – Managed Long Term Care Managed Long Term Care Value Based Payment Contracting

Debra A. Silverman will present at the Community Health Care Services Foundation, Inc. Webinar – Managed Long Term Care on September 10, 2019.

August 8, 2019|Events

2019 ASC and Healthcare Management Pre-Symposium Webinar: Resolving Payer Obstacles

Garfunkel Wild Partner/Director Debra A. Silverman and will be joined by Garfunkel Health Advisors to present a complimentary webinar entitled “Resolving Payer Obstacles.”

May 21, 2019|Events

LeadingAge New York Annual Conference & Exposition

Debra A. Silverman will present at the LeadingAge New York Annual Conference & Exposition on May 21, 2019.

February 27, 2019|Events

New York State Society of Orthopaedic Surgeons’ Webinar – Understanding Value Based Payments

Debra A. Silverman will present at the New York State Society Of Orthopaedic Surgeons’ Webinar – Understanding Value Based Payments on February 27, 2019.