Insights & Resources

The Drug Enforcement Administration (DEA) and the Department of Health and Human Services (HHS) have jointly issued a third emergency extension allowing health care practitioners to prescribe Schedule II-V controlled substances via audio-video telemedicine encounters without an initial in-person evaluation. This extension, effective from January 1, 2025 through December 31, 2025, also provides the DEA with additional time to finalize permanent regulations for prescribing controlled substances through telemedicine.

Elisabeth A. Pimentel will present the session "Understanding and Effectively Negotiating Your Physician Employment Agreement" at the New York State Society of Orthopaedic Surgeons 2024 Annual Meeting & Symposium.

Here is an overview of certain estate and gift tax rules currently in effect, the changes on the horizon, and ways you can save estate taxes for your family.

Garfunkel Wild's 11th Annual ASC and Health Care Management Virtual Symposium is dedicated to the most important business, legal, clinical, and operational issues facing the ASC and health care management community.

On October 18, 2024, the New York State Department of Health issued guidance pausing implementation of Public Health Law §18-c, a new law that prohibits providers from obtaining a patient’s consent to pay for any health care service prior to the patient receiving the service. 

Garfunkel Wild's Colleen Pierson will present at the New York State Bar Association’s Health Law Section Fall Meeting 2024. 

On October 12, 2024, the New York State Department of Health (“DOH”) published the final cybersecurity regulations for general hospitals (the “Regulations”), with some provisions effective immediately.  

Andrew Zwerling and Marianne Monroy will co-present "Best Practices for Enhancing Employee Engagement and Minimizing Risk and Liability" at the Westchester County Medical Society's CME Webinar.

Andrew E. Blustein and Kathleen M. Brown will present "Compliance and Governance: Maintaining Operational Excellence for FQHCs" at the 2024 New Jersey Primary Care Association (“NJPCA”) Annual Conference, on October 10th. 

Garfunkel Wild's Sean Leyden will co-present "How to Save Hundreds of Thousands of Dollars on Your Medical Practice Lease or Purchase" at the Fairfield County Medical Association and Hartford County Medical Association's Webinar on Tuesday, October 8, 2024.

The Centers for Medicare and Medicaid Services (CMS) has developed a new patient evaluation tool called Hospice Outcomes Patient Evaluation (HOPE) that will replace the current tool, Hospice Item Set (HIS). Hospices will be required to use HOPE for all patient admissions after October 1, 2025.
 

The U.S. Department of Health and Human Services, Office of Inspector General (“OIG”) released a Report outlining concerns about the rapid growth of and significant oversight gaps in the Centers for Medicare & Medicaid’s (“CMS”) use of remote patient monitoring (“RPM”) services, particularly with traditional Medicare patients (the “Report”).  Given RPM’s dramatic growth, especially since the COVID-19 pandemic, the Report likely foreshadows OIG enforcement actions in this area. 

Garfunkel Wild will be a sponsor at the Curalta Foot + Ankle‘s 2^nd Annual Management and Educational Conference. 

Garfunkel Wild will be a sponsor at the 2024 Innovations in Value-Based Care Conference, sponsored by Healthix and Helgerson Solutions Group.

NYS Public Health Law 18-c, a new law set to become effective on October 20, 2024, will prohibit providers from obtaining a patient’s consent to pay for any health care services prior to the patient receiving services.  

Garfunkel Wild's David Traskey will present "Hospice Compliance Trends and an Inside Look at HHS-OIG" at the Hospice & Palliative Care Network of Maryland Annual Conference.

The U.S. Department of Health and Human Services, Office of Inspector General (the “OIG”) posted an unfavorable Advisory Opinion (24-08) prohibiting a Corporation offering Medicare Advantage (“MA”), MA-Prescription Drug (“PD”), and MA/MA-PD Employer Group Waiver Plans (“EGWPs”) from sharing a percentage of its savings with its covered groups via a gainshare payment (“Payment”).  

The cybersecurity attack on Change Healthcare (“Change”), a subsidiary of the UnitedHealth Group, has caused widespread disruption, impacting health care providers and individuals whose personal data was compromised. This breach has led to numerous class action lawsuits, divided into two main groups: providers affected by the claims processing shutdown and individuals whose data was leaked. In June 2024, approximately 50 lawsuits were centralized into a Multi-District Litigation (MDL) in federal court in Minnesota. On September 17, 2024, the first conference in the matter occurred. As the litigation progresses, motions to dismiss, potential mediation, and class certification are expected to shape the case.

Garfunkel Wild's Barry Cepelewicz, M.D. and Andrew Zwerling, will present "Your Employment Agreement: How to Best Protect You, Your Practice and Your Patients" at the Westchester County Medical Society Webinar on Wednesday, September 18, 2024. 

The Federal Departments of Treasury, Labor, and Health and Human Services released final rules strengthening consumer protections for patients seeking mental health and substance use disorder treatments.  Despite 15 years since the enactment of the Mental Health Parity and Addiction Equity Act (MHPAEA), barriers still exist, preventing individuals from receiving adequate coverage for these issues.