Separate Annual SSL and DRA Certifications On OMIG’s Website No Longer Required; Replaced By Annual Certification Statements

Effective immediately, providers that are subject to New York State’s mandatory compliance program requirements found in New York State Social Services Law (“SSL”) § 363-d are no longer required to complete the annual December certification form previously found on the New York State Office of the Medicaid Inspector General’s (“OMIG”) website, often referred to as the “SSL Certification.”

Instead, providers are now required to attest that they have adopted and are maintaining an effective compliance program as part of their annual “Certification Statement for Provider Billing Medicaid.” This annual Certification is to occur on the anniversary date of the provider’s enrollment in the Medicaid program. Providers may find their anniversary dates on their initial Medicaid enrollment welcome letters and, OMIG advises, reminders are mailed to providers in advance of this annual date for compliance certification.

In addition, earlier this year, changes were made to SSL § 363-d. One of those changes incorporated the requirements of the federal Deficit Reduction Act of 2005 (DRA) into SSL § 363-d. As a result, there is no longer a separate DRA certification requirement. Instead, by submitting the annual “Certification Statement for Provider Billing Medicaid,” providers are attesting to satisfactorily meeting all of the SSL § 363-d requirements, including the DRA.

As a reminder, for providers that are required to adopt and maintain an effective compliance program under New York law, compliance with the requirements of SSL §363-d is a condition of payment from the Medicaid program.

GW attorneys are available to assist in the creation and implementation of compliance programs, and to review existing compliance programs to help ensure they meet the law’s requirements.

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Should you have any questions regarding the above, please contact the Garfunkel Wild attorney with whom you regularly work.

Click Here to download the Legal Alert.

 

On October 31, 2020, Governor Andrew Cuomo announced new guidelines allowing out-of-state travelers to New York to “test out” of the mandatory 14-day quarantine. Prior to these new guidelines, any person traveling into New York from certain identified states was required to quarantine for no less than 14 days before the traveler is allowed to travel within New York.

Under the new guidelines, for any traveler to New York State from out of state (any state; no restricted list), exempting the contiguous states, the new guidelines for travelers to test-out of the mandatory 14-day quarantine are as follows:

For travelers who were in another state for more than 24 hours:

  1. Travelers must obtain a test within three days of departure from that state (where you are coming to New York from);
  2. The traveler must, upon arrival in New York, quarantine for three days; and
  3. On day 4 of their quarantine, the traveler must obtain another COVID test.

If both tests come back negative, the traveler may exit quarantine early upon receipt of the second negative diagnostic test.

For travelers who were in another state for less than 24 hours:

The traveler does not need a test prior to their departure from the other state, and does not need to quarantine upon arrival in New York State.  However, the traveler must fill out the traveler information form upon entry into New York State, and take a COVID diagnostic test 4 days after their arrival in New York.

Travelers from states that are contiguous with New York, e.g., Connecticut, Pennsylvania, New Jersey, Massachusetts, Vermont, will remain exempt from the travel advisory.  There are certain exemptions for essential workers.  These new guidelines will go into effect Wednesday, November 4, 2020.  Travelers who do not “test out” will remain subject to the 14-day quarantine.

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Should you have any questions regarding the above, please contact the Garfunkel Wild attorney with whom you regularly work, or contact us at info@garfunkelwild.com.

Click Here to download the Legal Alert.

 

Garfunkel Wild Complimentary Webinar – Health Home Audits and Investigations Are Here: Are You Ready?

Thursday, November 19, 2020
12:00 pm – 1:00 pm (EST)

Speakers:   Peter Hoffman  and Carmen Jule  

Garfunkel Wild’s Peter M. Hoffman and Carmen E. Jule will present the webinar “Health Home Audits and Investigations Are Here: Are You Ready″ on November 19, 2020.

The presentation will include an overview of:
  • Entities that conduct audits and investigations of Health Home services
  • Discussion of recent Federal and State audits
  • Common risk areas for Health Homes and providers
  • Recommendations for how Health Homes can prepare for future audits and address issues identified in an audit or investigation

Click Here To View

 

7th Annual ASC & Healthcare Management Complimentary Virtual Symposium 

November 18, 2020
9:00am – 4:30pm EST

Garfunkel Wild Speakers: Andrew Blustein Marianne Monroy
Greg Bloom Salvatore Puccio
Stacey Gulick Debra Silverman
Kimberly Kempton-Serra

 

Garfunkel Wild was pleased to present the 7th Annual ASC & Healthcare Management Complimentary Virtual Symposium on November 18, 2020.  The Symposium focused on “Lessons learned from COVID-19.”

2020 Session Recordings and Presentations

WELCOME REMARKS
Andrew E. Blustein, Chairman, Garfunkel Wild, P.C.
ablustein@garfunkelwild.com

Click here to view recording.

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STATE OF THE UNION

National Perspective: William Prentice, CEO, Ambulatory Surgery Center Association
wprentice@ascassociation.org

State Update
New York: Jon Van Valkenburg, President, New York State Association of Ambulatory Surgery Centers
jvanvalkenburg@uoasc.com

New Jersey: Jeffrey Shanton, President, New Jersey Association of Ambulatory Surgery Centers
JShanton@jssurgctr.com

Connecticut: Lisa Winkler, Connecticut Association of Ambulatory Surgery Centers
lisa@grassrootsct.com

Moderated by: Greg E. Bloom, Partner/Director, Garfunkel Wild, P.C.
gbloom@garfunkelwild.com

Click here to view recording.
Click here to view Lisa Winkler’s Presentation.

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EMERGENCY COMMUNICATION LESSONS LEARNED FROM COVID-19 AND BEST PRACTICES FOR IMPROVEMENT

Brandon Daniell, President, Dialog Health
brandon@dialoghealth.com

Chris Kralik, Amsurg Administrator
CKralik@amsurg.com

Serena Pettes, VP of Marketing and Business Development, Lovelace Health System
Serena.Pettes@lovelace.com

Click here to view recording.
Click here to view Presentation.

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HOW PROVIDERS COLLECT REVENUE DURING COVID AND BEYOND

Andrew Harding, RCM Expert, VP of Customer Success, Rivet
andrew@rivethealth.com

Debra Silverman, Chair, Healthcare Practice Group, Garfunkel Wild, P.C.
dsilverman@garfunkelwild.com

Click here to view recording.
Click here to view Presentation.

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WHAT SHOULD FACILITIES BE DOING WITH RENEWED OSHA ENFORCEMENT?

Todd McDonagh, Principal & CEO, Healthcare Compliance Network
tmcdonagh@hcompliance.com

Wiks Moffat, Principal Executive VP, Healthcare Compliance Network
wmoffat@hcompliance.com

Salvatore Puccio, Partner, Garfunkel Wild, P.C.
spuccio@garfunkelwild.com

Click here to view recording.
Click here to view Presentation.

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POST-COVID KEYS TO PRIVATE EQUITY TRANSACTIONS INVOLVING ASCS

Robert C. Goettling, Principal, The Bloom Organization
wmoffat@hcompliance.com

Max Reiboldt, CPA, President/CEO, Coker Group
mreiboldt@cokergroup.com

Click here to view recording.
Click here to view Presentation.

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HEALTHCARE IT RISKS AND RECOMMENDATIONS TO CONSIDER DURING THE COVID-19 PANDEMIC

Nelson Gomes, Sr. VP of Business Development / GM of NJ, Medicus IT
NGomes@medicusit.com

Stacey Gulick, Partner, Garfunkel Wild, P.C.
sgulick@garfunkelwild.com

Click here to view recording.
Click here to view Presentation.

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HOW 2020 AND COVID-19 HAVE IMPACTED THE EMPLOYEES OF PROVIDERS AND HOW WE SHOULD RESPOND

Tom Jacobs, Chief Executive Officer and Co-Founder, MedHQ
tjacobs@medhq.net

Rita Hernandez-Figi, Chief Operating Officer, MedHQ
rfigi@medhq.net

Marianne Monroy, Partner/Director, Garfunkel Wild, P.C.
mmonroy@garfunkelwild.com

Click here to view recording.

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NAVIGATING CARES ACT FUNDING PROGRAMS

Dan Mayo, Principal, National Lead, Federal Tax Policy, Withum, Smith & Brown
dmayo@withum.com

Domenic Segalla, Principal – Market Leader, Healthcare Advisory, Withum, Smith & Brown
dsegalla@withum.com

Moderated by: Kimberly Kempton-Serra, Partner, Garfunkel Wild, P.C.
kkempton@garfunkelwild.com

Click here to view recording.
Click here to view Presentation.

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LIVE Q&A WITH SPEAKERS
Moderated by: Andrew E. Blustein, Chairman, Garfunkel Wild, P.C.
ablustein@garfunkelwild.com

Click here to view recording.

 

Thirty-Six Garfunkel Wild attorneys were selected by their peers for inclusion in 2020 New York Metro Super Lawyers, and 2020 New York Metro/Upstate Rising Stars.

Super Lawyers and Rising Stars recognize attorneys who exhibit excellence in the practice of law rated by a high-degree of peer recognition and professional achievement.

The following Garfunkel Wild attorneys were named:

  • Jeffry Adest – Health Care Law
  • Suzanne M. Avena – Environmental Law
  • Greg E. Bloom – Health Care Law
  • Andrew E. Blustein – Health Care Law
  • Roy W. Breitenbach – Business Litigation Law
  • Jeffrey S. Brown – Health Care Law
  • Barry B. Cepelewicz, M.D., Esq. – Health Care Law
  • Kevin G. Donoghue – General Litigation
  • Judith A. Eisen – Health Care Law
  • Peter M. Hoffman – Health Care Law
  • Michael J. Keane – Business Litigation Law
  • Eve Green Koopersmith – Elder Law
  • Lauren M. Levine – General Litigation
  • Sean P. Leyden – Real Estate Law
  • Doris L. Martin – Estate Planning & Probate
  • John G. Martin – White Collar Crime
  • Lourdes Martinez – Health Care Law
  • Marianne Monroy – Employment & Labor Law
  • Leonard M. Rosenberg – General Litigation
  • Debra A. Silverman – Health Care Law
  • Christina Van Vort – Health Care Law
  • Justin M. Vogel – Business Litigation
  • Burton S. Weston – Bankruptcy Law
  • Robert Andrew Wild – Health Care Law
  • Hayden S. Wool – Health Care Law
  • Andrew L. Zwerling – General Litigation

The following Garfunkel Wild attorneys were named 2020 New York Metro/Upstate New York Rising Stars:

  • Gillian Anne Barkins – General Litigation
  • Kathleen M. Brown – Health Care
  • Taras M. Czebiniak – Health Care
  • Carmen E. Jule – Health Care Law
  • Michael (Mickey) Keane, Jr. – Business Litigation Law
  • Robert B. Koonin – Health Care
  • Salvatore Puccio – Employment Litigation
  • Jessica F. Sonpal – Health Care Law
  • Dayna B. Tann – General Litigation
  • Cynthia M. Thomas – Business & Corporate