Major Change to Office of Professions Procedure

November 14, 2019

  The New York State Education Department (“SED”) has implemented a major procedural change, requiring that new professional practice entities submit an affidavit to SED when applying for Certificates of Authority to operate in New York State (whether in connection with original formation or foreign qualification to do business in New York). SED’s new process also …

DOH Revises Methodology for Case Mix Adjustment

October 31, 2019

  Challenged by Nursing Homes On October 9, 2019, New York State Department of Health (DOH) announced that it will be implementing a new methodology for adjusting nursing home Medicaid reimbursement rates, commonly referred to as the “case mix adjustment.” The revised methodology will apply retroactively to July 1, 2019. Under DOH’s revised methodology, adjustments …

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 …