Insights & Resources

On December 23, 2024, the Fifth Circuit Court of Appeals issued an order allowing the federal government to enforce the Corporate Transparency Act (CTA) and its “Reporting Rule.” Under that rule, the vast majority of privately held entities created or registered to do business in the United States (Reporting Companies) must report detailed information about their owners to the Financial Crimes Enforcement Network (FinCEN). The reporting requirement had been paused by a Texas federal district court just under three weeks earlier, on December 3, 2024. The Fifth Circuit ruling reverses the Texas district court’s ruling pending the government’s appeal.

We previously reported that Congress issued stopgap government funding legislation that extended current telehealth waivers and flexibilities through December 31, 2026. However, as a result of unrelated 11th hour political negotiations, the initial proposed legislation containing the full two-year extension was withdrawn.

On December 20, 2024, Congress passed the American Relief Act 2025 (“H.R. 10545”), which was signed into law by President Biden on December 21, 2024.

We previously let you know that the Medicare telehealth waivers would be extended based upon Congressional action. Unfortunately, at the 11th hour, the waivers did not go through and there has been much vacillation about next steps by Congress. Therefore, the status of the Medicare telehealth waivers remains unclear. We are monitoring the situation, and will keep you updated when we learn anything definitive.

Estate planning has been challenging in recent years. Drastic changes were proposed but not enacted, and a major reduction to the Federal estate and gift tax exemption scheduled for 2026 may not occur as a result of the new administration. Individuals who have sufficient wealth to be subject to estate taxes face uncertainty. However, we do know that the sooner you act, the more options you have. Please take a moment to consider our suggestions and let us know how we can help you implement and realize your goals.

Garfunkel Wild’s Robert Del Giorno, David Traskey, and Colleen Pierson will present the webinar “Navigating HHS-OIG’s New Compliance Guidance for Nursing Facilities: Key Risks, Mitigation Strategies, and Evaluation Considerations” on December 17, 2024, from 12:00 PM – 1:00 PM ET.

On April 19, 2024, Governor Hochul signed an amendment to New York’s Paid Sick and Safe Leave Law (New York Labor Law § 196-b), also known as the Paid Prenatal Leave Law (the “Paid Leave”), that will require employers to provide at least 20 hours of paid leave in a 52-week period for pregnant employees to attend prenatal medical appointments and procedures. The New York State Department of Labor (“DOL”) released a Frequently Asked Questions (“FAQs”) that provides some clarity on employees’ rights and employers’ obligations under the amendment.

Garfunkel Wild’s Stacey L. Gulick and Kathleen M. Brown will present the webinar “The Brave New World of Telehealth Post COVID – What You Need to Know ” on December 12, 2024, from 12:00 PM – 1:00 PM ET.

The U.S. Department of Health and Human Services (HHS), Office of Inspector General (OIG) released its Semiannual Report (SAR) to Congress on December 4, 2024.

Last week, the U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services (HHS) released its annual, jointly authored Health Care Fraud and Abuse Control Program Report (the Report) for Fiscal Year 2023. 

On December 3, 2024, a federal district court in Texas issued a nationwide injunction that prohibits the federal government from enforcing the Corporate Transparency Act (CTA) and the regulation that requires corporate entities registered under state law to report detailed information about ownership.

This week, the U.S. Department of Health and Human Services (“HHS”), Office of Inspector General (“OIG”) fulfilled its annual statutory obligation by releasing its 2024 Top Management and Performance Challenges Report (the “Report”). Historically, the Report has not attracted widespread interest in the provider community because it largely focuses on HHS operational challenges. Importantly for providers and other stakeholders, however, the Report reveals crucial insights about compliance priorities for the year ahead.

Many employers across the country were facing difficult staffing decisions surrounding a 2024 U.S. Department of Labor (“DOL”) regulation that increased minimum salary requirements for thousands of employees. On November 15, 2024, a Texas Federal Court (the “Court”) vacated and set aside a 2024 rule promulgated by the DOL that increased the minimum salary threshold for certain “white collar” exempt employees (the “2024 Rule”). The Court’s ruling affects the increases nationally and restores the minimum salary threshold to the previous minimum established under the Fair Labor Standards Act (“FLSA”).

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.

In honor of National Estate Planning Awareness Month, Garfunkel Wild, P.C. wants to remind you of the importance of creating and maintaining an estate plan.  Below we provide an overview of the Revocable Trust, an essential part of any estate plan.

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 21, 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.