New Jersey Law Creates Presumption For Essential Employees That COVID-19 Is Contracted At Work

September 16, 2020

  On September 14, 2020, Governor Murphy signed S-2380/A-3999 into law, which creates a presumption that “essential employees” who contract the coronavirus disease 2019 (“COVID-19”) is work related unless the employer can demonstrate otherwise. Therefore, for any such employees, COVID-19 is fully compensable for the purpose of workers’ compensation benefits and other employment benefits provided …

Changes To New York’s Compliance Program Requirements

September 14, 2020

  New York’s Social Services Law (“SSL”) § 363-d sets out the elements that are required in order to have an effective compliance program under New York law. Amendments to SSL § 363-d went into effect April 1, 2020. As these changes took effect during the height of the COVID-19 pandemic in New York, providers …

New York Proposes To Lift The Cap On Therapy Services Provided To Medicaid Recipients

September 8, 2020

  On September 2, 2020, the New York State Department of Health submitted a proposal to the Centers for Medicare & Medicaid Services (“CMS”) to remove the annual Medicaid caps for physical therapy, occupational therapy, and speech therapy visits available to Medicaid recipients. The change, planned to take effect on October 1, 2020, would remove …

Nursing Homes Must Stockpile PPE

  On September 1, 2020, the New York State Department of Health issued a Dear Administrator Letter (DAL) to the State’s Nursing Homes to remind providers of the recently established regulatory requirements for personal protective equipment (PPE) stockpiles. The regulations, enacted in response to the COVID-19 pandemic, require facilities to “possess and maintain” a supply …

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 …