Insights & Resources

Garfunkel Wild’s Applied Behavioral Analysis and Medical and Education Services (BAMES) Practice Group Members Steven R. Antico (Practice Group Chair), David Traskey, and Julia Belton will present “ABA Therapy Practice Audit and Compliance Issues and Recent Developments” on May 20, 2025, from 12:00 PM to 1:00 PM.

As part of our “Employment Law – What Employers Need to Know Now” webinar series, Garfunkel Wild’s Andy Zwerling and Sal Puccio will present the webinar “Navigating Employee Terminations: Practical Strategies and Best Practices for Employers When Separating from an Employee” on May 14, 2025, from 12:30 pm – 1:30 pm (ET).

Garfunkel Wild’s Salvatore Puccio and Colleen R. Pierson will be presenting at the NYSHFA | NYSCAL Annual Conference & Expo – May 6-8, 2025.

Garfunkel Wild’s Barry B. Cepelewicz and Elisabeth Pimentel will be presenting “Navigating Contract Negotiations Across Practice Settings” at the NY Chapter ACS – 37th Surgical Symposium on May 3, 2025.

Garfunkel Wild’s Marianne Monroy and Lauren Levine will present, “Privacy and Other Legal Considerations with Social Media Use by Health Care Providers” at the 2025 Society for Health Care Risk Management of New Jersey Annual Conference, on May 2, 2025.

The U.S. Department of Health and Human Services (HHS), Office of Inspector General (OIG), issued a favorable Advisory Opinion (25-02) regarding a federally qualified health center’s (FQHC) proposal to offer to schedule primary care physician appointments for certain individuals who are already receiving non-medical help from the FQHC. 

The Centers for Medicare & Medicaid Services (CMS) extended the previous deadline of May 1, 2025 to August 1, 2025, for skilled nursing facilities (SNFs) to provide ownership and management information as well as information about other parties with which the SNFs are associated and the ownership structures of those parties.

Garfunkel Wild’s Salvatore Puccio will present “Conducting a Proper Employee Performance Evaluation” at the Ambulatory Surgery Center Association’s ASCA 2025, April 30-May 3, 2025.

On March 10, 2025, The Hon. Jed Rakoff of the United States District Court for the Southern District of New York, issued an opinion, U.S. v. Tavberidze, in which he held that the one level reduction under the Guidelines for saving the prosecutor from having to prepare for trial was an unconstitutional trial penalty.

Garfunkel Wild’s Stacey L. Gulick, Kathleen M. Brown, and Alison T. Schimel will present the webinar “Starting the Patient Journey: Essential Documentation for Treatment and Payment” on April 16, 2025, from 12:00 PM – 1:00 PM ET.

On April 7, 2025, a federal judge struck down the Centers for Medicaid & Medicare Services (CMS) federal nursing home Minimum Staffing Mandate implemented in May 2024 (Final Rule). Aimed at improving quality of care, the Final Rule required 3.48 hours per resident day of patient care, but most notably required that nursing homes have a Registered Nurse (RN) on site 24/7.

Given the massive increase in Part B expenditures related to skin substitute products, government regulators are auditing Medicare Part B claims and investigating providers right now to identify and claw back millions of dollars of payments at risk for non-compliance with Medicare requirements. Partner with experienced legal counsel in advance of being audited or investigated, after you’ve received a government inquiry, or for help with your Medicare appeal. Don’t go it alone. Have a plan and understand your options.

As part of our “Employment Law – What Employers Need to Know Now” webinar series, Garfunkel Wild’s Marianne Monroy and Andy Zwerling will present the webinar “Managing Social Media Use & Matters of Political Opinions in the Workplace” on April 8, 2025, from 12:30 pm – 1:30 pm (ET).

In this week’s podcast, we sit down with David Traskey, former Senior Counsel at HHS-OIG and current co-head of Garfunkel Wild’s DC Office, to talk about what makes for an effective compliance program.  In the second of seven episodes exploring this topic, we discuss the importance of compliance leadership and oversight, and the key functions of the Compliance Officer, the Compliance Committee, and the Board of Directors. We also share some tips for small to medium-sized entities.

Following months of uncertainty surrounding the future of the Corporate Transparency Act’s (CTA) beneficial ownership information (BOI) reporting requirements, the U.S. Department of the Treasury, Financial Crimes Enforcement Network (FinCEN) published an interim final rule (Interim Rule) on March 21, 2025 that removes the requirement for U.S. companies and U.S. persons to submit BOI reports to FinCEN under the CTA.

In March, the New York Department of Health (DOH) published “frequently asked questions” (FAQs) related to the law that requires “health care entities” party to a “material transaction” to report the transaction to the DOH in advance. 

Congress has once again extended certain telehealth flexibilities until September 30, 2025 (which coincides with the end of the Congressional fiscal year).

In a surprising new development that comes just days after a temporary ban on the Corporate Transparency Act’s (CTA) beneficial ownership information (BOI) reporting requirements was lifted, the U.S. Department of the Treasury (Treasury Department), Financial Crimes Enforcement Network (FinCEN) announced in a March 2nd press release that it will not enforce the BOI reporting requirements against U.S. citizens and domestic reporting companies.

In the first of seven episodes exploring what makes for an effective compliance program, we discuss the importance of having compliance policies and procedures, and how those policies and procedures serve as the foundation upon which effective compliance programs are built. 

Proposed amendments to the regulations governing the Certificate of Need (CON) process for Article 28 facilities, including general hospitals and nursing homes (the Proposal), were published by the New York State Department of Health (DOH) in the February 26, 2025 New York State Register.