Compliance with the New York Shield Act

October 23, 2019

  The New York SHIELD Act has gone into effect today (October 23, 2019) and entities that maintain electronic information regarding New York residents will need to ensure compliance. At the very least, for entities that have HIPAA compliance programs, this will mean that each entity’s HIPAA breach policy will need to be updated and …

DHHS Proposes Stark Law and Anti-Kickback Statute Reforms to Support Value-Based and Coordinated Care

October 17, 2019

  On October 17, 2019, the Centers for Medicare & Medicaid Services (“CMS”) issued a proposed rule to update and clarify certain aspects of the federal physician self-referral law (“Stark Law”). On the same date, the Office of Inspector General (“OIG”) also issued a proposed rule to update the federal anti-kickback statute and civil monetary …

OIG REPORTS ON COMPLIANCE WITH ASC SURVEY REQUIREMENTS

October 11, 2019

  In September 2019, the U.S. Department of Health & Human Services, Office of Inspector General (“OIG”) published a “Data Brief” regarding State oversight of Ambulatory Surgery Centers (“ASCs”).   The Data Brief focused on the responsibility of the States to survey those ASCs: (1) that are not accredited by third party accreditation agencies (“Non-Deemed Status …

OIG Approves Per-Booking Fees For Online Healthcare Directory

September 27, 2019

  On September 10, 2019, the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) posted an opinion (Advisory Opinion 19-04) favorable to a technology company that proposed an arrangement to make its on-line healthcare directory for searching and booking medical appointments available to federal health care program (e.g., Medicare and Medicaid) …

DOH Published a Notice of Proposed Rulemaking Modifying Executive Compensation Limits

September 19, 2019

  On September 4, 2019, DOH published a Notice of Proposed Rulemaking that implements a New York Court of Appeal’s ruling striking down the so called “soft cap” limitations and affirming the “hard cap” limitations on executive compensation. In particular, a covered provider is prohibited from compensating a covered executive in an amount greater than …