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 by FIs and outlining the procedures for submission and approval of such materials. Specifically, advertising materials and activities may not be false, misleading or discriminatory; FIs may not offer material or financial gain to Medicaid beneficiaries as an inducement to participate in CDPAP and to utilize the services of a particular FI. Additionally, FIs may not conduct “cold call” telephone solicitation or door-to-door solicitations.

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For more information on the above guidance, please contact an attorney in Garfunkel Wild’s Health Care Group or the Garfunkel Wild attorney with whom you usually work.