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- Audience: Home Care Agencies
Alerts
NY Upends CDPAP Fiscal Intermediary Framework
The recently enacted New York State (NYS) budget for fiscal year 2025 significantly changed who can be a Fiscal Intermediary (FI) under the state’s Consumer Directed Personal Assistance Program (CDPAP). This change was made by amendment to Social Services Law (SSL) § 365-f by eliminating the CDPAP request for offers (RFO) process that was in place for designating FIs (RFO #20039).
Alerts
OIG Issues New Resource for Single Audits
The United States Department of Health and Human Services (HHS), Office of Inspector General (OIG) recently posted a new educational resource on its website about Single Audits. HHS is the largest grant-making agency in the Federal government, and OIG’s new resource is designed to help key stakeholders understand the scope of Single Audits, as well as improve the overall quality of such audits.
Alerts
Governor Hochul Proposes Significant Changes to CDPAP and to LHCSA Enrollment in Medicaid
Governor Hochul’s 30-day Amendments to her proposed state fiscal year 2025 Executive Budget would significantly change New York State’s (NYS) Consumer Directed Personal Assistance Program (CDPAP) and what licensed home care services agencies (LHCSAs) can enroll or re-enroll in Medicaid.
Alerts
New York OMIG Updates Self-Disclosure Guidance
The New York State Office of the Medicaid Inspector General (OMIG) recently updated its Self-Disclosure Guidance and Frequently Asked Questions (collectively, “Updates”). These Updates give participating providers and entities additional insight into how to report overpayments involving unresponsive Medicaid Managed Care Organizations (MMCOs) or multiple entities, as well as those that are untimely, have adjusted or voided claims, or lost or damaged records.
Alerts
OIG Approves Creative Approach to Restructuring Medical Practice Partnerships
The U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (23-12) that allows a limited liability partnership (the Partnership) consisting of two classes of physician partners to make a one-time, voluntary redemption offer (offer) to individual partners when they reach age 67.
Alerts
OIG Approves Use of Gift Cards for Referrals in Certification-Heavy Advisory Opinion
The U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (23-15) permitting a consulting company’s (Consultant) proposal to offer gift cards to its current physician practice customers for referring potential new physician practice customers to Consultant. Notably, OIG determined that the proposed arrangement did not implicate the Anti-Kickback Statute (AKS).
Alerts
OMIG’s 2024 Work Plan Gives Critical Insights into Program Integrity Initiatives
The New York State Office of the Medicaid Inspector General (OMIG) released its 2024 work plan in furtherance of its mission to coordinate and conduct activities to prevent, detect and investigate medical assistance program fraud, waste and abuse, and to recover improperly expended Medicaid funds.
Alerts
More Provider “Nuggets” From OIG’s Year-End Reporting Blitz
Continuing its year-end reporting blitz, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) released its Semiannual Report (SAR) to Congress on December 1, 2023.
Alerts
DOJ/HHS Jointly Release "Highlight Reel" Report
This week, the United States Department of Justice (DOJ) and the United States Department of Health and Human Services (HHS) fulfilled its annual statutory obligation by releasing its jointly-authored Health Care Fraud and Abuse Control Program (HCFAC) Report for Fiscal Year 2022.
Alerts
OIG Provides Roadmap to Hot-Button Issues
The OIG fulfilled its annual statutory obligation by releasing its Top Management and Performance Challenges (TMC) document. Providers should take note because the document provides important insight into the specific areas over which HHS (and the OIG) will remain focused.
Alerts
OIG Releases New General Compliance Program Reference Guide
On November 6, 2023, the OIG released its General Compliance Program Guidance, the first in a series of new, non-binding reference guides designed to share information with health care compliance professionals and other health care industry stakeholders
Alerts
Temporary Health Care Staffing Agencies Now Required to Register in New York
In what appears to follow a multi-state trend to protect “temporary” workers, as part of the New York Budget for FY 2023-2024, a new law went into effect that requires any entity that provides temporary staff to health care entities to register with the Department of Health (DOH).
Alerts
Payment Error Rate Measurement Program for Florida Medicaid and Chip Providers
On February 17, 2023, Florida Medicaid released a Health Care Alert reminding providers of their obligations under the Centers for Medicare and Medicaid Services (“CMS”) Payment Error Rate Measurement (“PERM”) program.
Events
Health Care Hot Topics: Florida’s New Minimum Wage Requirements For Medicaid Providers
Garfunkel Wild's Susan St. John discusses the things providers need to know about the new minimum wage requirements, and a new civil cause of action for non-compliance.
Alerts
New York Issues New LHCSA Application and Guidance
On August 17, 2022, the New York State Department of Health (“DOH”) issued its new long-awaited licensure application for Licensed Home Care Services Agencies (“LHCSAs”). The application is for entities seeking approval to establish a new LHCSA or to change ownership or control of an existing LHCSA.
Events
Garfunkel Wild Webinar – Federal No Surprises Act – One Month In. What Have We Learned? What Questions Remain?
Garfunkel Wild’s Debra Silverman and John Martin will present the webinar “Federal No Surprises Act – One month in. What have we learned? What questions remain?" on February 1, 2022, from 12:00 pm – 1:00 pm (EST).
Alerts
The Supreme Court Approves CMS Vaccine Mandate, but Halts OSHA Mandate
On January 13, 2022, the U.S. Supreme Court permitted the vaccine mandate for health care workers in facilities regulated by Centers for Medicare and Medicaid Services (CMS). Specifically, the CMS vaccine mandate requires all staff of facilities participating in Medicare/Medicaid to be vaccinated.
Events
Leading Age Annual Meeting
Garfunkel Wild Partner Director Debra Silverman will present at the Leading Age Annual Meeting on October 25, 2021.
Alerts
The NJ Health Care Transparency Act: Time is Running Out
The New Jersey Health Care Transparency Act (the “Act”) becomes effective on July 1, 2021. The Act requires health care professionals to clearly inform patients of their training and qualifications when they are providing in-person care to patients and when advertising their practice.
Alerts
New York DOH Issues Policy on Submission of False Information in License Applications
On June 11, 2021, the New York Department of Health (DOH) posted a “Dear Applicant Letter” informing applicants for certificates of need (CON), licensure for adult care facilities (ACF) or licensed home care services agencies (LHCSA) or transfer of ownership interest notices of its new policy regarding evaluation of the applicant’s character and competency.
Events
Garfunkel Wild Webinar – Handling COVID-19 Employee Vaccinations, Updated Leave Entitlements & Addressing Violations of COVID-19 Protocols
Garfunkel Wild’s Marianne Monroy, Salvatore Puccio, and Lauren Levine will present the webinar “Handling COVID-19 Employee Vaccinations, Updated Leave Entitlements & Addressing Violations of COVID-19 Protocols” on January 26, 2021.
Events
New York State Society of Orthopaedic Surgeons Virtual Annual Meeting and Symposium
Barry Cepelewicz will present at the New York State Society Of Orthopaedic Surgeons Virtual Annual Meeting and Symposium – November 7, 2020.
Events
New York State Society of Certified Public Accountants (NYSSCPA) Health Care Conference
Andrew Blustein Will present at the New York State Society OF Certified Public Accountants (NYSSCPA) Health Care Conference – September 24, 2020.
Alerts
NY Department of Health Invites NY Licensed Home Care Services Agencies to Participate In Private Pay Home Care Services Program Pilot
On July 23, 2020, the New York Department of Health issued an invitation to New York State Licensed Home Care Services Agencies to participate in the “NY State of Health Private Pay Home Care Services Program Pilot” (the “Pilot Program”) beginning in 2021, in the counties of Nassau, Suffolk, and Westchester.
Events
Garfunkel Wild Webinar – Returning to Work in the COVID-Era: Employee Issues, What to Expect and How to Prepare
Garfunkel Wild’s Andrew Zwerling, Marianne Monroy, Salvatore Puccio and Lauren Levine will present the webinar “Returning to Work in the COVID-Era: Employee Issues, What to Expect and How to Prepare” on June 12, 2020.
Alerts
CMS Issues New Interim Final Rule For Medicare and Medicaid Home Health Services
On May 1, 2020, the Centers for Medicare and Medicaid Services (CMS) issued an Interim Final Rule with comment period (IFC), to be published on May 8, 2020. The IFC permanently revises certain regulations regarding the scope and provision of home health services under the Medicare and state Medicaid programs, and delays certain reporting requirements for Home Health Agencies (HHAs) during the ongoing COVID-19 Public Health Emergency (PHE).
Alerts
Confidentiality of Medical Information During the COVID-19 Crisis
The Equal Employment Opportunity Commission has issued new guidance for workplaces, dated April 17, 2020, as they start the process of preparing for the impending re-opening of their entities in the face of the Covid-19 pandemic.
Events
Garfunkel Wild Webinar – Personal Advance Care Planning in a Pandemic: How can I get my health care proxy, living will, and estate planning documents in order?
Garfunkel Wild’s Eve Green Koopersmith and Doris L. Martin will present the webinar “Personal Advance Care Planning in a Pandemic: How can I get my health care proxy, living will and estate planning documents in order” on April 23, 2020.
Events
Garfunkel Wild Webinar – An Employer’s Practical Guide To Facing Day-To-Day Coronavirus Challenges
Garfunkel Wild’s Andrew Zwerling, Marianne Monroy, Salvatore Puccio, and Lauren Levine will present the webinar “An Employer’s Practical Guide To Facing Day-To-Day Coronavirus Challenges” on April 20, 2020.
Alerts
CMS Issues Stark Law Blanket Waivers in Response to COVID-19 Pandemic
In an effort to ensure the availability and accessibility of health care items and services, the Centers for Medicare and Medicaid Services (CMS) has issued blanket waivers of sanctions under the federal physician self-referral law (also known as the Stark Law) in response to the COVID-19 pandemic (the “Stark Blanket Waivers”).
Events
Garfunkel Wild Webinar – Navigating A Murky Landscape: An Employer’s Guide To Responding To The Challenges of COVID-19
Garfunkel Wild’s Andrew Zwerling, Marianne Monroy, Salvatore Puccio, and Lauren Levine will present the webinar “Navigating A Murky Landscape: An Employer’s Guide To Responding To The Challenges of COVID-19” on March 30, 2020.
Events
Garfunkel Wild Webinar – COVID-19 Billing for Telemedicine Services and Q&A Session
Garfunkel Wild Partner/Director Debra A. Silverman and Partner Stacey L. Gulick along with Certified Professional Coder and President of ProCode Compliance Solutions, LLC, Alicia Shickle will present the webinar “COVID-19 Billing for Telemedicine Services and Q&A Session” on March 25, 2020.
Events
Garfunkel Wild Webinar – Exiting and Entering Contracts in the Age of Coronavirus
Garfunkel Wild Vice Chairman Andrew E. Blustein will present the webinar “Exiting and Entering Contracts in the Age of Coronavirus” on March 24, 2020.
Events
2nd Annual Center for Health Education, Medicine, & Dentistry (CHEMED) Conference on Medicine & Ethics
Jeffry Adest will present at the 2nd Annual Center for Health Education, Medicine, & Dentistry (CHEMED) Conference on Medicine & Ethics on February 14, 2020.
Alerts
New York State Department of Health Issues Long Awaited Regulations Ahead of the End of LHCSA Moratorium
On Thursday, February 6, 2020, the Public Health and Health Planning Council (“PHHPC”) voted to adopt the Department of Health’s (“DOH”) final amendments to the licensure requirements for Licensed Home Care Services Agencies (“LHCSA”) operating in New York State (the “Adopted Regulations”).
Alerts
New York Department of Health Proposes Rule to Amend Licensed Home Care Services Agencies Regulation
A proposed rule was issued on November 6, 2019 to amend regulations regarding the approval of Licensed Home Care Service Agencies (“LHCSAs”). To comply with changes made to the Public Health Law in 2018, Subpart 765-1 of Title 10 NYCRR must be updated to include the new requirements of public need review and financial feasibility review. This Rule, effective April 1, 2020, would require the following:
Events
Nassau County Bar Association’s Hospital & Health Law Committee Meeting
Stacey L. Gulick will present at the Nassau County Bar Association’s Hospital & Health Law Committee Meeting on November 7, 2019.
Events
New York State Association of Health Care Providers (HCP) 2019 Annual Management Conference & Exhibition
Peter Hoffman will present at the NYS Association of Health Care Providers (HCP) 2019 Annual Management Conference & Exhibit on October 24, 2019.
Events
Monroe County Medical Society Webinar Survival: HIPAA Webinar
Stacey Gulick will present at Monroe County Medical Society Webinar Survival Series: HIPAA Webinar on September 26, 2019.
Events
Nassau County Bar Association (NCBA) Hospital and Health Law Committee CLE – Recent Trends in Health Care Fraud Investigations
John G. Martin and Robert A. Del Giorno will present at the Nassau County Bar Association’s CLE – Recent Trends in Health Care Fraud Investigations on September 17, 2019.
Events
2019 ASC and Healthcare Management Pre-Symposium Webinar: Resolving Payer Obstacles
Garfunkel Wild Partner/Director Debra A. Silverman and will be joined by Garfunkel Health Advisors, Inc., President Alicia Shickle to present a complimentary webinar entitled “Resolving Payer Obstacles,” Thursday, August 8, 2019 from 12:00 PM – 1:00 PM EDT.
Events
Fairfield County Medical Association’s (FCMA) Webinar – Navigating Sexual Harassment in the Workplace for Managers and Supervisors
Marianne Monroy and Salvatore Puccio will present at the FCMA’s Webinar – Navigating Sexual Harassment in the Workplace for Managers & Supervisors on May 9, 2019.
Events
New York State Association of Health Care Providers (HCP) Long Island Chapter Meeting
Peter M. Hoffman presented at the New York State Association of Health Care Providers (HCP) Long Island Chapter Meeting.
Events
Garfunkel Wild Webinar – Home Care Referrals, Marketing and the Kickback Laws
Garfunkel Wild Partner/Director Peter M. Hoffman will host a webinar entitled “Home Care Referrals, Marketing, and the Kickback Laws” on Tuesday, March 19, 2019.
Alerts
CMS Issues New Immediate Jeopardy Guidelines
For those providers and suppliers that are subject to survey in order to maintain their Medicare status (e.g., hospitals, ASCs, SNFs, home health agencies), CMS has published important revisions to its current survey guidelines.