New York Out-Of-Network Emergency Services Independent Dispute Resolution Process Expanded To Include Hospitals

August 13, 2020

  Effective January 1, 2020, the New York State Department of Financial Services (“DFS”) expanded the independent dispute resolution (“IDR”) process for surprise bills and bills for out-of-network (“OON”) emergency to include hospital services. The new IDR process is codified at Financial Services Law § 605. Although implementation was delayed due to COVID 19, the …

Beware: HIPAA Compliance Scam

August 6, 2020

  Earlier today the United States Health and Human Services Office for Civil Rights “OCR” issued an alert concerning fraudulent postcards sent to health care organizations claiming to be official communications from OCR. The post cards, with a Washington, D.C. mailing address and claiming to be from the Secretary of Compliance, HIPAA Compliance Division, encourage …

NY Department Of Health Invites NY Licensed Home Care Services Agencies To Participate In Private Pay Home Care Services Program Pilot

July 28, 2020

  On July 23, 2020, the New York Department of Health issued an invitation to New York State Licensed Home Care Services Agencies to participate in the “NY State of Health Private Pay Home Care Services Program Pilot” (the “Pilot Program”) beginning in 2021, in the counties of Nassau, Suffolk, and Westchester. The Pilot Program …

Department Of Justice Settles Whistleblower Lawsuit Involving Anesthesia “Company Model”

July 23, 2020

  The U.S. Department of Justice (DOJ) recently announced a $72.3 million settlement with the Oklahoma Center for Orthopaedic and Multi-Specialty Surgery (ASC), as well as related entities and physicians, to resolve a whistleblower lawsuit that alleged kickbacks were paid to surgeons at Southwest Orthopaedic Specialists (SOS). SOS surgeons own and operate the ASC, an …

New York Enacts Paid Sick Leave Reform

July 21, 2020

  On April 3, 2020, New York State Governor Andrew Cuomo signed the fiscal year 2021 budget, which included an overhaul of statewide paid sick leave requirements under the New York State Labor Law. Under the new law, all employers must provide sick leave to their employees. Employees will begin accruing sick leave on September …