by Colleen R. Pierson | Feb 3, 2025
On February 4, 2025, the New York State Assembly Health Committee will vote on legislation that proposes to increase the penalties for violations of the State Public Health Law (PHL), with an increased maximum penalty specifically for Article 28 hospitals and nursing homes. The justification for this proposed measure is that current monetary penalties for PHL violations are “outdated” and “nonthreatening” and merely regarded as the “cost of doing business.”
by Kimberly Kempton-Serra, Alex C. Santee | Jan 24, 2025
On January 21, 2025, New York Governor Kathy Hochul released the proposed FY 2026 New York State Executive Budget, which includes enhanced scrutiny of material transactions involving health care entities.
by John G. Martin, David M. Traskey | Jan 22, 2025
The United States Court of Appeals for the Second Circuit (Second Circuit or Court), which has Federal jurisdiction in Connecticut, New York, and Vermont, recently issued an important decision regarding health care provider liability under the False Claims Act (FCA) when a whistleblower alleges a violation of the Anti-Kickback Statute (AKS). The Second Circuit explicitly adopted the “one purpose” test for the first time to determine whether a financial arrangement between a provider and a referral source violates the AKS, and thus potentially subjects the parties to substantial fines and penalties under the FCA.
by Judith A. Eisen, Colleen R. Pierson | Jan 3, 2025
Garfunkel Wild’s Legislative Session Update newsletter provides updates on relevant legislation introduced in New York State, particularly involving hospitals and long term care facilities.
by Steven R. Antico, Leonard M. Rosenberg, Marc A. Sittenreich | Dec 31, 2024
On December 26, 2024, the Fifth Circuit Court of Appeals issued an unsigned order that once again pauses the federal government’s ability to enforce the Corporate Transparency Act (CTA) and its “Reporting Rule.” As we have previously explained, that rule requires the vast majority of privately held entities in the United States to report detailed information about their “beneficial owners” (BOI Report) to the Financial Crimes Enforcement Network. The rule was initially blocked by a Texas federal district court on December 3, 2024, but on December 23, 2024 a three-judge panel of the Fifth Circuit reversed the district court’s ruling and temporarily allowed the CTA and Reporting Rule to move forward. The December 26 order was issued by a different panel of judges, who restored the district court’s ruling while they consider the government’s emergency appeal.
