New Anti-Kickback Law Impacts Laboratories, Clinical Treatment Facilities and Recovery Homes

November 27, 2018

  A new criminal statute, the Eliminating Kickbacks in Recovery Act of 2018 (“EKRA”), took effect on October 24, 2018.  Among other things, EKRA appears to eliminate (or at least significantly restrict) the ability of certain providers – most notably laboratories – to compensate their sales and marketing personnel (including employees and independent contractors) on …

Fiscal Intermediary Advertising Review and Approval – Effective as of November 1, 2018

November 5, 2018

  Advertising materials intended to be used by Fiscal Intermediaries (“FIs”) in the Consumer Directed Personal Assistance Program (“CDPAP”) on or after November 1, 2018 must be submitted to the New York State Department of Health (“DOH”) for review and approval. On September 26, 2018, DOH issued guidance relating to the use of marketing materials …

Court of Appeals Affirms Lower Court’s Decision Striking Down “Soft Cap” on Executive Compensation

October 24, 2018

  On October 18, 2018, the New York Court of Appeals, in a 4-3 decision, affirmed an Appellate Division decision striking down the so-called “soft cap” and affirming the “hard cap” limitations on executive compensation under the NYS Department of Health (“DOH”) regulations implementing Executive Order # 38 (“EO 38”).  Specifically, the Court of Appeals …

OCR Provides New Guidance Regarding Mobile Devices and Electronic Media

October 8, 2018

  The OCR’s August 2018 Cyber Security Newsletter (the “Guidance”) highlights the importance of adopting specific policies regarding the effective management of mobile devices (e.g., cell phones, laptops) and electronic media (e.g., USB drives and CDs) containing PHI (collectively, “Electronic Devices”).  Historically, the OCR has repeatedly advised that Electronic Devices are particularly vulnerable to intrusion …

DOH Releases LHCSA Moratorium FAQs and Guidance on Registration Process

August 30, 2018

  The New York State Department of Health (“DOH”) recently issued two long-awaited documents in connection with the Licensed Home Care Services Agency (“LHCSA”) moratorium and registration process for LHCSAs. The State Budget for the State Fiscal Year (SFY) 2018-19 established a two (2) year moratorium on the processing and approval of applications seeking LHCSA …