Suffolk County Adopts Pay History Ban – Starting June 2019, employers in Suffolk cannot ask job applicants about their salary history

December 11, 2018

  The Suffolk County Legislature has just enacted a new law that prohibits employers within the County from asking job applicants any questions about their prior salary or wage history. The law, called the Restricting Information on Salaries and Earnings Act (the “RISE Act”) goes into effect on June 30, 2019, and applies to all …

Annual Compliance Program Certification – Are You Required To Certify?

December 6, 2018

  Each December, providers required to meet New York State’s mandatory compliance program obligations must certify that they have adopted, implemented and maintain a compliance program that meet the requirements of Social Services Law § 363-d and 18 NYCRR Part 521 (the “SSL Certification.”).  Certain providers are also required to certify compliance with the Federal …

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 …