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With Garfunkel Wild’s specialty in health care law, we provide advice, consultation, representation, and information on a broad range of issues affecting hospitals and health systems. Our hospital clients rely on our various practice groups to provide expertise on a broad range of issues and disciplines including, regulatory, HIPAA, compliance, risk management, information technology, managed care, reimbursement, litigation, mergers and acquisitions, affiliations, and transactions. Garfunkel attorneys include former physicians, nurses, prosecutors, hospital counsel, governmental counsel, and others who have spent their careers counseling hospitals. By representing numerous hospitals and health systems, we bring to each client a unique and comprehensive background and understanding of hospitals, their needs and the challenges that they face. Our clients receive state of the art advice and practical guidance consistent with the ever-changing nature of the health care environment.
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OIG Highlights New Concerns
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.
DEA Extends Telemedicine Prescription Rules Through 2025
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.
11th Annual ASC and Health Care Management Symposium
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.
NYS Department of Health Pauses Implementing New Patient Consent Requirements
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.
New York Hospital Cybersecurity Regulations Announced
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.
New York Enacts Alarming Patient Consent Requirements
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.
OIG Nixes Medicare Advantage Gainsharing Payments
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”).
Update on Change Healthcare Class Action Litigation
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.
Federal Rule Released to Address Mental Health Coverage Parity
This week, the Federal Departments of Treasury, Labor, and Health and Human Services (the Departments) released final rules strengthening consumer protections for patients seeking mental health and substance use disorder treatments.
OIG Approves Patient Travel, but Not Fertility Services
OIG posted a partially favorable Advisory Opinion (24-05) permitting a biotechnology company to provide transportation, lodging, and payment of associated expenses for certain patients receiving gene therapy treatments for two severe genetic diseases. In the same Advisory Opinion, however, OIG responded unfavorably to the Company’s proposal to subsidize some or all costs related to fertility preservation and storage procedures for these same patients.
NY Hospital & Long Term Care Legislative Update
Garfunkel Wild’s 2023-24 Legislative Session Update newsletter will keep you up to date on relevant legislation introduced in New York State, particularly involving hospitals and long term care facilities.
OIG Approves Drug Refund and Discount Program
The OIG's trend of ensuring access to care in compelling circumstances continued with a recent opinion allowing a pharmaceutical affiliate to refund, waive, or delay payment for a drug treating a rare, fatal pediatric immunodeficiency disorder.
OIG Greenlights Gene Therapy Assistance Program
The U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (24-03) permitting a pharmaceutical manufacturer (Manufacturer) to provide financial assistance to qualified patients undergoing its gene therapy treatment for two severe genetic conditions.
OIG Report Highlights Enforcement Priorities
The U.S. Department of Health and Human Services (HHS), Office of Inspector General (OIG) released its revamped Semiannual Report (SAR) on June 3, 2024. The SAR’s new format focuses on the oversight work OIG completed during the reporting period, and emphasizes how this work directly addresses the Top Management Challenges Facing HHS.
Telehealth Update: NY Proposes Controlled Substance Prescribing, Waiting on DEA
On May 15, 2024, the New York State Department of Health (DOH) announced a pivotal change in its regulations, as it intends to permit health care providers to use telemedicine to conduct patient evaluations before prescribing controlled substances. Prior to the COVID-19 pandemic, DOH required health care providers to perform an initial in-person physical evaluation of patients before prescribing controlled substances.
Be Prepared! NYS OMIG’s 2024 Work Plan Provides an Audit Roadmap for Health Care Providers of All Types
Garfunkel’s Compliance Webinar Series rolls on with an examination of the 2024 Work Plan published by the New York State Office of Medicaid Inspector General (OMIG).
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).
FTC Bans Non-Competes Across the Nation
On Tuesday, April 23, 2024, the Federal Trade Commission (FTC) promulgated a final rule banning most non-compete agreements, in any industry, and is set to become effective 120 days after its publication in the Federal Register (the “Final Rule”).
NJ Supreme Court Vacates $23.4M Award Against Valley Hospital
On April 16, 2024, the Supreme Court of New Jersey issued its decision in Comprehensive Neurosurgical, P.C. v. The Valley Hospital. In an over 60-page unanimous opinion, the Court vacated a 23.4 million dollar award against Valley Hospital.
OIG Allows Patient Assistance Programs Funded by Drug Manufacturers
The U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (24-02) permitting a non-profit organization (Non-Profit) to provide financial support to eligible patients with specific rare diseases through assistance programs (Programs) it operates.
Cybersecurity – It’s More Than HIPAA: NY Regulatory Refresher for 2024
Join the health care professionals of Garfunkel Wild and Withum as they dive into the technical, legal, and financial steps you will need to take to come into compliance with the new cybersecurity regulations for New York hospitals.
FQHC Look-Alike Application Blackout Period: Changes are Coming
The Health Resources and Services Administration (HRSA) has announced that it will not be accepting Federally Qualified Health Center (FQHC) Look-Alike Initial Designation (LAL-ID) applications for approximately one month starting in late June.
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.
Chemed’s 6th Annual Medicine & Ethics Conference
Garfunkel Wild sponsored the 6th Annual CHEMED Medicine & Ethics Conference, February 15-18, 2024.
Hospitals Should Consider Legal Action to Resolve Medicare Advantage 340B Drugs Underpayments
Despite the United States Supreme Court’s finding that the reduction of Medicare reimbursement rates for 340B outpatient drugs was unlawful, Medicare Advantage organizations (“MAOs”) maintain that they have no similar responsibility to make hospitals whole.
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.
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.
OIG’s Newest Strategic Plan Prioritizes Managed Care Oversight
The U.S. Department of Health and Human Services, Office of Inspector General (OIG) recently designated oversight of managed care as a “priority area”, and developed a coordinated strategic plan (the Plan) to better align its audits, evaluations, investigations, and enforcement of managed care.
OIG Issues Toolkit for Medicare Advantage Organizations
The U.S. Department of Health and Human Services, Office of Inspector General (OIG) released a new toolkit to help Medicare Advantage (MA) organizations replicate OIG audit methodologies to detect and correct inaccurate diagnosis codes in their own systems.
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).
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.
Favorable OIG Advisory Opinion Allows Subsidies for FDA-Approved Clinical Studies
The U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (23-11) that allows a medical device manufacturer (Manufacturer) to subsidize Medicare cost-sharing obligations as part of a U.S. Food & Drug Administration (FDA)-approved clinical study involving a Category B Investigational Device Exemption.
OIG’s Favorable Advisory Opinions Allow Incentives to Medigap Plan Policyholders
The U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted two favorable Advisory Opinions (23-09 and 23-10) to allow a licensed offeror of Medicare Supplemental Health Insurance (Medigap Plan) policies and a preferred health organization (PHO) (collectively, “the requestors”) to incentivize Medigap Plan policyholders to seek inpatient care from a hospital within the PHO’s network. Notably, OIG issued these favorable opinions even though the proposed incentives implicated the Anti-Kickback Statute (AKS) and the Beneficiary Inducement Civil Money Penalty (CMP), and there was no applicable exception or safe harbor.
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.
Updates on Tracking Technologies and Information Blocking
As we have noted in a previous Garfunkel Wild alert, the Department of Health and Human Services (“DHHS”) Office of Civil Rights (‘OCR”) published guidance regarding the use of tracking technologies (i.e., technologies that collect and analyze information about how users interact with websites and mobile applications).
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.
Flurry of Activity Around Patient Information Impacting New York Providers
In the last few months of 2023, there has been a flurry of legal activity pertaining to the use, disclosure, and protection of health information. Here is a summary of the latest legal initiatives impacting New York providers.
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.
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
340B Hospital Cost Report Waiver Ends
In 2020, HRSA waived its requirement that off-site, outpatient hospital facilities be listed as reimbursable on the hospital’s most recently filed Medicare Cost Report, and registered on OPAIS, prior to participating in the 340B program. On October 26, 2023, HRSA released a notice confirming that this waiver has ended.
10th Annual ASC and Health Care Management Symposium
Garfunkel Wild's 10th 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.
CMS Releases Updated Request for Applications for New Making Care Primary Model
On August 14, 2023, the Centers for Medicare & Medicaid Services (CMS) issued a request for applications for the Making Care Primary (MCP) Model, its newest innovation program aimed at improving patient care by supporting the delivery of advanced primary care services
FQHC Lessons Learned from the Field: Tips to Avoid OSV Non-Compliance
Join Garfunkel Wild’s attorneys as they discuss the OSV process, highlight the areas HRSA reviewers consider, and impart meaningful tips on how FQHCs can be in compliance.
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).
Connecticut Signals Increased Scrutiny of Physician Practice Acquisitions
On July 21, 2023, the Executive Director of the Connecticut Office of Health Strategy (“OHS”), sent a letter to Connecticut physicians reminding them of the requirement for certain practice transactions to obtain Certificate of Need (“CON”) approval prior to closing.
CMS Issues Final Rule Ending COVID-19 Vaccination Requirements
On June 5, 2023, the Centers for Medicare and Medicaid Services (“CMS”) published a much anticipated Final Rule surrounding vaccination and related requirements surrounding the COVID-19 Public Health Emergency.
FQHC Enters Into Agreement To Resolve Disability Discrimination Complaint
On May 10, 2023, MCR Health, Inc. (“MCR” or the “Center”), a federally qualified health center (“FQHC”) based in Florida entered into a voluntary resolution agreement with the Department of Health and Human Services, Office of Civil Rights (“OCR”) to resolve a disability discrimination complaint against the Center.
New York Enacts Notice Requirement for Health Care Transactions
The final budget for fiscal year 2023-2024 passed this week by the New York State legislature requires certain health care entities to pre-notify the Department of Health (the “Department”) of “material transactions” that meet certain financial thresholds.
CMS Approves New Jersey’s FamilyCare’s Section 1115 Demonstration Project
Section 1115 of the Social Security Act provides the Secretary of Health and Human Services with the unique ability to approve demonstration projects (and establish pools for this purpose) that help further the goals of Medicaid programs.
New Jersey Lifts COVID-19 Testing Requirements in Health Care and Congregate Care Settings
Governor Phil Murphy signed an Executive Order lifting COVID-19 testing requirements for health care and congregate care settings. This Executive Order took effect April 3, 2023.
National Business Institute Live Online Seminar – How to Bring New York Employee Handbooks Into Compliance
Garfunkel Wild Partner Salvatore Puccio and Partner Lauren Levine will present at the National Business Institute Live Online Seminar - How to Bring New York Employee Handbooks Into Compliance on March 8, 2023.
Chemed’s 5th Annual Medicine & Ethics Conference
Garfunkel Wild will present at the 5th Annual CHEMED Medicine & Ethics Conference, February 16-19, 2023.
Franchise Regulations in the Context of the MSO Model
Associate, Weston Harty authored the article "Franchise Regulations in the Context of the MSO Model", published in the New York State Bar Association Health Law Journal (2023 - Vol. 28 - No.1).
Health Information Technology Podcast – Termination and Transition Periods
Garfunkel Wild's Health Care Information and Technology Practice Group's Podcast Series "Health Information Technology Podcast- Termination and Transition Periods".
Federal No Surprises Act – 2023 Enforcement Of The Good Faith Estimate For Convening Providers And Facilities
The No Surprises Act requires providers and facilities to provide uninsured or self-pay individuals with a good faith estimate (“GFE”) of expected charges for a scheduled or requested item or service.
Cultural Training and EMR Requirements for NJ Hospitals and Laboratories
Beginning January 18, 2023, New Jersey hospitals and clinical laboratories must demonstrate compliance with cultural competency requirements recently issued by the New Jersey Department of Health (“DOH”).
Garfunkel Wild and Garfunkel Health Advisors Complimentary Webinar – Major Changes to E/M Coding and Documentation Requirements in 2023 – Will You Be Ready?
Garfunkel Health Advisors Simon Chaykler, and Garfunkel Wild’s Robert A. Del Giorno will present the webinar ”Major Changes to E/M Coding and Documentation Requirements in 2023 – Will You Be Ready? on November 8 and 9, 2022.
Properly Address Billing and Overpayment Issues: Use Billing and Documentation Experts to Ensure Payer Rules are Being Followed
It is not at all unusual for health care providers to discover potential billing and overpayment issues in the course of their day-to-day operations. Such issues may arise in any number of ways. For instance, they may be identified as the result of a provider’s internal compliance efforts, including compliance program audits or reviews, or […]
Florida Medical Practice Pays Hefty Price for Alleged Kickback Payments From Pharmaceutical Distributor
On October 3, 2022, the Department of Justice (“DOJ”) announced that a hematology and oncology practice in Fort Lauderdale, Florida will pay $130,000 to settle allegations that the practice violated the False Claims Act and Anti-Kickback statute by accepting illegal kickbacks from its pharmaceutical distributor.
No Sanctions for Financial Relationships Between a Hospital and Federally Qualified Health Center Look-Alike
In Advisory Opinion No. 22-17, posted on September 6, 2022, the U.S. Department of Health and Human Services’ Office of the Inspector General (OIG) stated that it would not impose sanctions on a hospital system (Hospital) and a federally qualified health center look-alike (FQHCLA) that were parties to agreements under which the Hospital provided financial support to the FQHCLA.
New York Issues Liposuction Guidelines For Office-Based Surgery
Last month, the New York State Department of Health (“DOH”) published Guidelines for Performing Liposuction with and without Fat Grafting in the Office-Based Surgery Setting (the “Guidelines”). The Guidelines are meant to improve safety and reduce adverse events and deaths related to liposuction in the office-based surgery (“OBS”) setting.
New York Court of Appeals Resolves MLMIC Dispute by Concluding That Employee-Physicians are Entitled to Conversion Funds
This case involves the 2018 demutualization of the medical malpractice insurer Medical Liability Mutual Insurance Company (“MLMIC”) and who was entitled to the more than $2.5 billion in cash consideration that was to be distributed as a result of that demutualization.
OIG Approves Loan of Smartphones to Patients
In Advisory Opinion 22-08, posted on April 27, 2022, the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) stated that it would not impose sanctions on a federally qualified health center (“FQHC”) that had loaned smartphones to its patients.
CMS Rescinds COVID-19 Emergency Declaration Blanket Waivers for Medicare Long-Term Care Facilities
On April 7, 2022, the Centers for Medicare & Medicaid Services (“CMS”) released a memorandum, QSO-22-15, announcing the restoration of certain minimum regulatory requirements that had been waived in response to the COVID-19 Public Health Emergency. CMS will end the waivers in two groups, under two time frames.
4th Annual CHEMED Medicine & Ethics Conference
Garfunkel Wild will present at the 4th Annual CHEMED Medicine & Ethics Conference, February 17-20, 2022.
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).
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.
8th Annual ASC & Healthcare Management Complimentary Virtual Symposium
Garfunkel Wild’s 8th Annual ASC & Healthcare Management Symposium to be held on October 28, 2021
Behavioral Health News Webinar “This Will Only Hurt a Little – Stoicism in the Face of EHR Implementations”
Garfunkel Wild Partner Terence Russo will present at Behavioral Health News Webinar “This Will Only Hurt a Little – Stoicism in the Face of EHR Implementations” on October 13, 2021 from 1:00 pm – 2:00 pm EDT.
COVID Health Care Worker Mandates: New York, New Jersey and Connecticut
As the Delta variant of COVID-19 continues to spread, New York, New Jersey, and Connecticut have mandated that certain health care workers be vaccinated against COVID-19.
New Disclosure Requirement for NY Residential Health Care Facilities
Effective October 1, 2021, residential health care facilities in New York will be required to provide potential residents and their families with a separate document, in no less than twelve point font, as part of their admission packet that includes the following information:
CMS Proposes Increased Penalties For Failure To Comply With Hospital Price Transparency Rule
The Centers for Medicare and Medicaid Services (CMS) recently issued a proposed rule that would increase financial penalties for hospitals that fail to comply with the CY 2020 Hospital Price Transparency final rule. Among other things, the final rule requires hospitals to publish a list of their standard charges as a comprehensive machine-readable file, and in a consumer friendly format.
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.
New York Hospital/Nursing Home Staffing Legislation Enacted
On June 18, 2021, Governor Cuomo signed into law two bills related to clinical staffing for hospitals and nursing homes. As reported in our prior Alerts, dated May 7, 2021:
Cuomo Announces End of State of Emergency in New York
On June 23, 2021, Governor Cuomo announced that the State-of-Emergency in New York declared as a result of the COVID-19 pandemic ends June 24, 2021.
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.
Staffing Legislation Impacts New York Nursing Homes
On May 5, 2021, the New York State legislature approved two bills with differing requirements related to clinical staffing for hospitals and nursing homes. With a goal of improving both patient and staff safety, as well as patient outcomes, the Governor is expected to sign each bill (A07119 and A00108B) into law soon. This Alert addresses the requirements for nursing homes. Please see a separate Alert here addressing the hospital staffing requirements.
Staffing Legislation Impacts New York Hospitals
On May 5, 2021, the New York State legislature approved two bills with differing requirements related to clinical staffing for hospitals and nursing homes. With a goal of improving both patient and staff safety, as well as patient outcomes, the Governor is expected to sign each bill (A07119 and A00108B) into law soon. This Alert addresses the requirements for hospitals.
New OIG Opinion Regarding Surgery Centers
The U.S. Department of Health and Human Services’ Office of Inspector General (OIG) posted Advisory Opinion 21-02 (AO21-02) on April 29, 2021. AO21-02 is noteworthy for the OIG’s analysis of the proposed investors in an Ambulatory Surgery Center (ASC) under the federal Anti-Kickback Statute (AKS).
Optimizing Payor Contracts: How to Proactively Address Future Obstacles
Debra Silverman will present at the HFMA webinar-Optimizing Payor Contracts-April 14, 2021.
Medical Society of the County of Schenectady Webinar – Employment Agreement Reviews: When Getting Hired and in Preparing for Retirement
James Dering will present at the Medical Society of the County of Schenectady Webinar – “Employment Agreement Reviews: When Getting Hired and in Preparing for Retirement” on April 13, 2021.
MSNJ Webinar- Review of 2021 E/M Guideline Changes and Information Blocking New Rules
Garfunkel Wild’s Terence Russo and Garfunkel Health Advisors will present at the Medical Society of New Jersey (MSNJ) Webinar – Review of 2021 E/M Guideline Changes and Information Blocking New Rules.
CMS Requires Health Plans To Pay For Diagnostic COVID-19 Tests
In response to tremendous confusion as to whether patients can be required to pay any amount “out of pocket” for COVID-19 tests, CMS clarified prior guidance
Garfunkel Wild Webinar – FTCA Deeming: What Do I Need To Do In Order To Submit The Application?
Garfunkel Wild’s Jeff Adest and Sandra Jensen will present the webinar “FTCA Deeming: What Do I Need To Do In Order To Submit The Application” on March 16, 2021.
Ambulatory Surgery Center Association’s Webinar Series – Handling COVID-19 Employee Vaccinations, Updated Leave Entitlements & Addressing Violations of COVID-19 Protocols
Lauren Levine, Marianne Monroy and Salvatore Puccio Will Present At ASCAS – Handling Covid-19 Employee Vaccinations, Leave Entitlements & Protocol Violations on February 18, 2021.
Connecticut Proposes To Limit Further The Scope Of Non-Compete Provisions In Physician Employment Contracts
In Connecticut, non-compete provisions in physician employment agreements, also known as restrictive covenants, have long been considered reasonable restrictions on competition and enforceable. In order to pass muster, such provisions must be found reasonable based upon an analysis of several factors...
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.
7th Annual ASC & Healthcare Management Complimentary Virtual Symposium
Garfunkel Wild’s 7th Annual ASC & Healthcare Management Symposium will be held on November 18, 2020
Changes To New York State Compliance Program Certification Requirements
Separate Annual SSL and DRA Certifications On OMIG’s Website No Longer Required; Replaced By Annual Certification Statements
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.
New Jersey Institute for Continuing Legal Education Webcast – 2020 New Jersey M&A Conference
Garfunkel Wild Partner/Director Steven R. Antico will present at the New Jersey Institute for Continuing Legal Education Webcast – 2020 New Jersey M&A Conference on October 28, 2020.
72nd Annual Health Care Association of New Jersey Convention – Virtual
Jeffrey Brown and Robert Del Giorno will present at the 72nd Annual Health Care Association of New Jersey Convention – Virtual – on October 27, 2020.
Lymphoma Leukemia & Myeloma Congress (LL&M) 2020 Virtual
Justin Vogel will present at the Lymphoma Leukemia & Myeloma Congress (LL&M) 2020 Virtual on October 22, 2020.
New York Physician Practice Settings Must Inform Patients How To Report to OPMC
In legislation enacted on October 7, 2020, New York State is requiring physicians’ practice settings to post notice, visible to patients, that direct patients to the Office of Professional Medical Conduct’s (“OPMC’s”) website to obtain information about their rights and how to file a complaint regarding professional misconduct. The requirement is effective immediately.
CMS Releases Guidance On Emergency Preparedness Testing Exercises For Inpatient And Outpatient Facilities
In a memo, dated September 28, 2020, the Director of the Quality, Safety & Oversight Group in CMS’ Center for Clinical Standards and Quality clarified that facilities that activated their emergency plans due to the COVID-19 Public Health Emergency (PHE) are exempt from their next required full-scale community-based or individual, facility-based functional exercise.
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.
Medicus IT Town Hall Webinar – Successfully Navigating the ‘New Normal’: What ASCs Need to Know
Andrew E. Blustein will present at Medicus It Town Hall Webinar – Successfully Navigating the ‘New Normal’: What Ascs Need to Know on September 16, 2020.
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.
New York Enacts Paid Sick Leave Reform
On April 3, 2020, New York State Governor Andrew Cuomo signed the fiscal year 2021 budget, which included an overhaul of statewide paid sick leave requirements under the New York State Labor Law. Under the new law, all employers must provide sick leave to their employees.
American Health Law Association 2020 Virtual Annual Meeting
Garfunkel Wild will present at the American Health Law Association 2020 Virtual Annual Meeting on June 30, 2020.
Appellate Division, Third Department Finds That Physicians are Entitled to Receive MLMIC Demutualization Funds
On June 18, 2020, the Appellate Division’s Third Judicial Department issued a decision in the case Schoch v. Lake Champlain Ob-Gyn, P.C., No. 529615, concerning entitlement to MLMIC funds distributed in connection with MLMIC’s purchase in 2018 by National Indemnity Company, a Berkshire Hathaway subsidiary.
Garfunkel Wild and CohnReznick Webinar – Stabilizing Healthcare: Key Strategies To Enhance Financial And Operational Performance
Garfunkel Wild’s Burton S. Weston, Adam Berkowitz and CohnReznick’s Cynthia Romano, Chris Creger, Caroline Znaniec will present the webinar “Stabilizing Healthcare: Key Strategies To Enhance Financial And Operational Performance” on June 24, 2020.
Garfunkel Wild Webinar – FTCA Deeming: What Do I Need To Do In Order To Submit The Application?
Garfunkel Wild will present the webinar “FTCA Deeming: What Do I Need To Do In Order To Submit The Application?” on June 9, 2020.
New York Allows Dentistry Practices to Open Statewide
On May 31st , New York Governor Andrew Cuomo issued a press release stating that all New York dentists can reopen statewide beginning June 1, 2020. As dental practices open, they “will be subject to state guidance on best practices for safety and social distancing.” Dental practices are required to affirm their understanding of, and compliance with, State guidelines.
Garfunkel Wild Webinar – “Practical Aspects for ASCs Reopening”
Garfunkel Wild will present the webinar “Practical Aspects for ASCs Reopening” on May 21, 2020.
CMS Makes Sweeping Changes to Telehealth Rules during COVID-19 Pandemic
CMS has again made significant changes to the current rules and regulations in response to the public health emergency related to the COVID-19 pandemic (PHE). Among the litany of evolving rule modifications, CMS has provided greater flexibility regarding the provision of telehealth and other services in order to provide patients and clinicians with the ability to access and deliver safe patient care during the PHE.
CMS Interim Final Rule Relaxes Supervision Rules
In addition to relaxing rules related to reimbursement for telehealth services, the Centers for Medicare and Medicaid Services (CMS) have made changes to supervision requirements in various settings during the public health emergency caused by COVID-19 (“PHE”) without affecting reimbursement. Some of the temporary changes include...
New York State Reinstates Statutes and Regulations Governing Hospitals and Nursing Homes
On May 8, 2020, Governor Cuomo signed Executive Order 202.28, continuing some, and importantly, cancelling other suspensions or modification of certain statutes and regulations governing hospitals and nursing homes. Among the suspensions continued until June 6, are all of the prior Executive Orders allowing professionals licensed in other states and Canada to practice in New York, allowing the practice of professionals with an unencumbered license and currently in good standing but not registered in New York, and allowing graduates of registered nursing programs to work under supervision.
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.
Connecticut Orthopaedic Society (COS) Webinar – COVID-19 Crisis: How Can You Exit or Modify a Contract You Can No Longer Afford or Comply With?
Barry B. Cepelewicz will present at the COS Webinar – Covid-19 crisis: How Can You Exit Or Modify a Contract? On April 23, 2020.
Strafford CLE Webinar – National Practitioner Data Bank: Hospital Reporting Obligations, Reporting Immunity, and Physician Strategies
Garfunkel Wild Partner/Director Leonard M. Rosenberg will present at the Strafford Webinar – National Practitioner Data Bank: Hospital Reporting Obligations, Reporting Immunity, and Physician Strategies on April 22, 2020.
CT Governor Signs Orders Regarding Waivers for Healthcare Providers Related to COVID-19
CT Governor Signs Orders Regarding Waivers for Healthcare Providers Related to COVID-19, Restricting Surprise Bills for Out-of-Network Services and Uninsured COVID-19, and Extending Permits and Pre-Licensure for Health Care Professionals.
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”).
HRSA Extends Deadline for 2021 FTCA Deeming Applications
On April 2, 2020, HRSA extended the calendar year 2021 FTCA deeming application deadline from May 14 to July 13 due to the ongoing COVID-19 pandemic. This is extremely significant given the COVID-19 concerns being faced by FQHCs.
Garfunkel Wild Webinar – FTCA Deeming: What Do I Need To Do In Order To Submit The Application? – March 31, 2020
Garfunkel Wild will present the webinar “FTCA Deeming: What Do I Need To Do In Order To Submit The Application” on March 31, 2020.
Garfunkel Wild Webinar – A State Update: How to Operationalize the Connecticut Administration’s Expectation Regarding Elective Cases in ASCs
Garfunkel Wild Vice Chairman Andrew E. Blustein and Lisa A. Winkler, Executive Director, Connecticut Association of Ambulatory Surgery Center will present the webinar “A State Update: How to Operationalize the Connecticut Administration’s Expectation Regarding Elective Cases in ASCs” on March 27, 2020.
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.
Garfunkel Wild Webinar – Operationalizing State-Wide Ban on Elective Surgery
Garfunkel Wild Chairman Andrew E. Blustein and Partner Stacey L. Gulick will present the webinar “Operationalizing State-Wide Ban on Elective Surgery” on March 24, 2020. New York State is banning elective procedures at hospitals and ASCs for the unforeseeable future. This webinar will explore what the scope of these bans and some suggestions on how to operationalize these limitations. This webinar […]
Coronavirus (Covid-19) New York State Nursing Home Guidance
New York State’s rapidly evolving response to COVID-19 has resulted in a number of new Executive Orders (“Orders”) from Governor Cuomo, as well as various regulatory waivers and guidance from the Centers for Medicare and Medicaid Services, the New York State Department of Health and other state agencies.
COVID-19/New York State Emergency Approvals
We have been heartened by many of our client healthcare facilities and providers developing and offering up unique and creative solutions to address the surge of healthcare needs from the evolving COVID-19 outbreak.
Garfunkel Wild Webinar – Implementing and Expanding Telehealth to Address COVID-19
Garfunkel Wild Partner/Director Debra A. Silverman and Partners Stacey L. Gulick and Sandra M. Jensen will present the webinar “Implementing and Expanding Telehealth to Address COVID-19” on March 19, 2020.
Garfunkel Wild Webinar – Mayor de Blasio’s Emergency Executive Order
Garfunkel Wild Vice Chairman Andrew E. Blustein and Partners James E. Dering and Stacey L. Gulick presented a webinar on “Mayor de Blasio’s Emergency Executive Order,” March 17, 2020.
Greater New York Health Care Facilities Association (GNYHCFA) Seminar – Regulatory Updates
Eve Green Koopersmith will present at the Greater New York Health Care Facilities Association’s (GNYHCFA) Seminar – Regulatory Updates – March 5, 2020.
Coronavirus (COVID-19) Strategies And Suggestions
The number of confirmed cases of COVID-19 in the United States is increasing rapidly and health care providers need to be prepared. Federal, state and local government agencies recommend that health care providers take various steps during their preparation efforts, including...
Garfunkel Wild Webinar – 340B Contract Pharmacy Issues for FQHCs
Garfunkel Wild's Barbara Knothe will present the webinar “340B Contract Pharmacy Issues for FQHCs” on March 4, 2020.
Garfunkel Wild Webinar – “Telehealth: Effective Risk Management Strategies to Reduce Liability”
Garfunkel Wild Partner/Directors Barry Cepelewicz will present the webinar “Telehealth: Effective Risk Management Strategies to Reduce Liability” on February 26, 2020. This webinar is the first of our Telehealth webinar series.
2nd Annual Center for Health Education, Medicine, & Dentistry (CHEMED) Conference on Medicine & Ethics
Garfunkel Wild will present at the 2nd Annual Center for Health Education, Medicine, & Dentistry (CHEMED) Conference on Medicine & Ethics on February 14, 2020.
New York Expands Protections Under Surprise Bill Law
Effective January 1, 2020, New York has expanded the scope of the consumer protections set forth in New York’s Emergency Medical Services and Surprise Bills (Surprise Bill Law) to include bills for out-of-network (OON) hospital emergency services including inpatient admissions through the emergency room.
Garfunkel Wild Webinar – Preparing for an OSV; Practical Tips
Garfunkel Wild presented the webinar “Preparing for an OSV; Practical Tips” on February 6, 2020.
New Hospital Financial Reporting Requirements in New Jersey
On January 21, 2020, Governor Phil Murphy signed bills A5916 and A5918 into law which are intended to increase the financial transparency of New Jersey hospitals and to ensure that such hospitals do not suddenly shut down, leaving residents without access to adequate health care in their respective communities as a result of a hospital’s financial distress.
Greater New York Hospital Association (GNYHA) Webinar – Clinical Trial Agreements
Lara Jean Ancona will present at the Greater New York Hospital Association’s (GNYHA) Webinar – Clinical Trial Agreements on January 15, 2020.
Healthcare Financial Management Association’s (HFMA) Metropolitan New York Chapter Regulatory Compliance Seminar
Afsheen A. Shah will present at the Healthcare Financial Management Association’s (Hfma) Metropolitan New York Chapter Regulatory Compliance Seminar December 11, 2019.
Major Change to Office of Professions Procedure
The New York State Education Department (“SED”) has implemented a major procedural change, requiring that new professional practice entities submit an affidavit to SED when applying for Certificates of Authority to operate in New York State (whether in connection with original formation or foreign qualification to do business in New York). SED’s new process also requires that an affidavit be submitted for professional practice entity name changes.
Medical Society of the State of New York (MSSNY) Webinar – How to Maximize Success & Maintain Control & Ownership of Your Physician Group
Andrew E. Blustein will present at MSSNY’s Webinar – How to Maximize Success & Maintain Control & Ownership of Your Physician Group – November 12, 2019
Healthcare Financial Management Association’s (HFMA) Region 2 Fall Institute
Sandra M. Jensen and Salvatore Puccio presented at the Healthcare Financial Management Association’s (Hfma) Region 2 Fall Institute on October 10, 2019
Strafford CLE Webinar – Forming Physician Super Groups: Structural and Regulatory Challenges
Garfunkel Wild Partner/Director Hayden S. Wool will present at the Strafford Webinar – Forming Physician Super Groups: Structural and Regulatory Challenges on October 8, 2019.
New Jersey Primary Care Association Annual Conference
Barbara D. Knothe and Sandra M. Jensen will present at the New Jersey Primary Care Association Annual Conference on October 2, 2019.
New York State Society of Orthopaedic Executives 12th Annual Conference
Andrew E. Blustein will present at the New York State Society of Orthopaedic Executives 12th Annual Conference on September 25, 2019.
2019 ASC And Healthcare Management Complimentary Pre-Symposium Webinar: How Can You Expand And Protect Your Online Presence?
Garfunkel Wild Partner Kevin G. Donoghue will be joined by Doctor.com, Senior Director, Private & Group Practice Solutions Don Dougherty to present a complimentary pre-symposium webinar entitled “How Can You Expand and Protect Your Online Presence?,” Tuesday, September 24, 2019 from 12:00 PM – 1:00 PM EDT.
New York State Society of Orthopaedic Surgeons 2019 NYSSOS Symposium & Annual Meeting – Concepts and Controversies in Orthopaedics in 2019: What You Wanted to Know But Were Afraid to Ask
Barry C. Cepelewicz will present at the New York State Society of Orthopaedic Surgeons 2019 NYSSOS Symposium & Annual Meeting on September 21, 2019.
Empire State Hematology & Oncology Society 2019 Annual Conference
Empire State Hematology & Oncology Society 2019 Annual Conference
Fraud and Abuse – Lessons from Esformes Case
John Martin will present the “Fraud and Abuse – Lessons From Esformes Case” Webinar on September 18, 2019.
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.
LeadingAge New York Financial Professionals Annual Conference
Debra A. Silverman will present at the LeadingAge New York Financial Professionals Annual Conference on September 11, 2019.
OCR Settlement Emphasizes Importance of Patient Access to Information
On September 9, 2019, the Department of Health and Human Services, Office of Civil Rights (“OCR”) announced that Bayfront Health – St. Petersburg, a 480-bed Florida hospital (the “Hospital”), paid $85,000 to settle an investigation regarding the Hospital’s failure to provide one patient with timely access to her medical records. In its press release, the OCR emphasized that this settlement is consistent with its Patient Access Initiative, which was announced earlier this year.
Community Health Care Services Foundation, Inc. (CHC) Webinar – Managed Long Term Care Managed Long Term Care Value Based Payment Contracting
Debra A. Silverman will present at the Community Health Care Services Foundation, Inc. Webinar – Managed Long Term Care on September 10, 2019.
New York Shield Act Modifies Breach Notification Requirements
On October 23, 2019, the Stop Hacks and Improve Electric Data Security (“SHIELD”) Act goes into effect and significantly modifies the existing New York State breach notification requirements, including the addition of new requirements for covered entities (e.g., all health care providers and health plans) to report HIPAA breaches to the New York State Attorney General, as well as the Federal Department of Health and Human Services, Office of Civil Rights (“OCR”).
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 to present a complimentary webinar entitled “Resolving Payer Obstacles.”
DOH Revised ASC Policies
DOH Revised ASC Policies
Recent Court Decision Places at Risk No-Fault Reimbursement to Physician Practices With Management Company Arrangements
The New York Court of Appeals issued its decision in Andrew Carothers, M.D., P.C. v. Progressive Insurance Company. In that case, the Court held that no-fault carriers in New York can recoup or withhold payments made to a professional medical corporation (“P.C.”) if the carriers can show that P.C. was improperly controlled by persons who are not licensed physicians.
Andrew Blustein was selected as an instructor at The Horizon Foundation for webinar, “Do No Harm: Exploring Strategies for Safer Prescribing of Opioids”.
Andrew Blustein was selected as an instructor at the Horizon Foundation for Webinar, “Do No Harm: Exploring Strategies FOR Safer Prescribing Of Opioids.”
Healthcare Financial Management Association (HFMA) 18th Annual Healthcare Conference
Debra A. Silverman will present at the Healthcare Financial Management Association’s (HFMA) 18th Annual Healthcare Conference on May 22, 2019.
LeadingAge New York Annual Conference & Exposition
Debra A. Silverman will present at the LeadingAge New York Annual Conference & Exposition on May 21, 2019.
Garfunkel Wild Webinar – FTCA Deeming: What Do I Need To Do In Order To Submit The Application? – April 30, 2019
Garfunkel Wild Complimentary Webinar – April 30th – FTCA Deeming: What Do I Need to Do in Order to Submit the Application
New MOLST Forms and Checklists Published by DOH
The New York State Department of Health has made changes to the Medical Orders for Life Sustaining Treatment (MOLST) form and Nonhospital Order Not to Resuscitate, DOH Forms 5003 and 3474, respectively. These changes were made to comply with statutory changes, which granted authority to Nurse Practitioners to sign the MOLST and Nonhospital Order Not to Resuscitate.
New York Appellate Division Holds Employer Medical Practice Is Entitled To Receive MLMIC Demutualization Funds
On April 4, 2019, the Appellate Division, First Department issued a decision in Schaffer, Schonholz & Drossman LLP v. Rachel Title, Index No. 160215/2018 concerning an employer’s entitlement to MLMIC funds being held in escrow following MLMIC’s demutualization and purchase last fall by National Indemnity Company, a Berkshire Hathaway subsidiary.
Erie County Supreme Court Issues Controversial Decision in Parties’ Dispute Over MLMIC Funds
On March 22, 2019, the Supreme Court of Erie County issued a trial-court level decision in the case, Maple-Gate Anesthesiologists, P.C. v. Nasrin, Index No. 818104/2018, concerning entitlement to MLMIC funds distributed in connection with MLMIC’s purchase last fall by National Indemnity Company, a Berkshire Hathaway subsidiary. This decision is the first decision published addressing the merits of the parties’ claims in that case.
The Gitenstein Institute for Health Law & Policy at Hofstra University School of Law – Thought Leadership In Action Speaker Series
Judith A. Eisen and Stacey L. Gulick present at the Gitenstein Institute For Health Law & Policy At Hofstra University School of Law – Thought Leadership in Action Speaker Series on April 4, 2019.
New York State Society of Orthopaedic Surgeons’ Webinar – Your Employment Agreement: How To Be Best Protected.
Barry B. Cepelewicz will present at the New York State Society of Orthopaedic Surgeons’ Webinar – Your Employment Agreement: How to Be Best Protected.
Attention Greenway Health Users
If you are a physician or a physician practice that uses Greenway Health LLC electronic health record (“EHR”) products to calculate Meaningful Use / Promoting Interoperability measures in relation to the NY Medicaid EHR Incentive Program, be advised that Greenway has identified certain of its products as having made miscalculations.
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.
Fairfield County Medical Association’s Webinar– Creating a Medical Record that Protects Your Patients, Your Practice and You
Barry B. Cepelewicz will present at the Fairfield County Medical Association’s Webinar – Creating a Medical Record that Protects Your Patients, Your Practice & You – March 6, 2019.
American College of Surgeons (ACS) – New York Chapter’s Program – Optimizing Your Surgical Practice
Barry B. Cepelewicz will present at the American College of Surgeons (ACS) – New York Chapter’s Program – Optimizing Your Surgical Practice – March 5, 2019.
New York State Society of Orthopaedic Surgeons’ Webinar – Understanding Value Based Payments
Debra A. Silverman will present at the New York State Society Of Orthopaedic Surgeons’ Webinar – Understanding Value Based Payments on February 27, 2019.
In the New York State Courts (New York State Bar Associations Health Law Journal Winter 2018)
Partner/Director Leonard M. Rosenberg, had his article “In the New York State Courts,” published in the Winter 2018 (Volume 23, Number 3) issue of the New York State Bar Association’s Health Law Journal.
Medical Society of the State Of New York (“MSSNY”) and Garfunkel Wild in Discussions with Zocdoc
Zocdoc has announced that its pricing model for doctors in New York will change effective April 1, 2019. Zocdoc currently charges its customers a flat annual fee. Under the new pricing model, customers will pay a reduced annual fee, as well as a booking fee. The amount of the booking fee will vary based on the physician’s specialty.
New York Assembly and Senate Issues Guidance On Not-For-Profit Law
In the closing hours of the New York State Legislature (2018), there were two changes enacted to the New York Not-for-Profit Corporation Law. The analysis below provides an overview of the new legislation.
Garfunkel Wild is Sponsoring the New York State Society of Orthopaedic Surgeons 2018 Annual Meeting and Symposium “Pearls and Pitfalls in Diagnosis and Management”
Garfunkel Wild, legal counsel to the New York State Society of Orthopaedic Surgeons, sponsors their 2018 Symposium and Annual Meeting and Symposium “Pearls and Pitfalls in Diagnosis and Management,” September 22, 2018.
Garfunkel Wild Scores Court Victory, Makes New Law, in Medical Staff Lawsuit
Garfunkel Wild achieved dismissal of a federal court discrimination suit filed by a cardiologist who was denied privileges to perform advanced electrophysiology procedures at South Shore University Hospital due to lack of experience.
Catholic Health System’s Win Featured in Law360
Garfunkel Wild won a precedent-setting decision for its client and all Catholic-based health care facilities when it successfully defeated a challenge to the use of the Ethical and Religious Directives for Catholic Health Care Services ("ERDs").
Garfunkel Wild Continues to Increase Health Care Rankings in 2023 Edition of Chambers USA
Garfunkel Wild continues to increase its Health Care practice and lawyer recognition in Chambers USA 2023 annual rankings of the foremost law firms and lawyers in the country.
Kimberly Kempton-Serra Quoted In ASC Focus Article Entitled “Set Up A Compliant Patient Transportation Service” October 2019
Kimberly Kempton-Serra Quoted In ASC Focus Article Entitled “Set Up A Compliant Patient Transportation Service” October 2019
Garfunkel Wild Wins Summary Judgment for Employer Seeking MLMIC Demutualization Funds
Garfunkel Wild Wins Summary Judgment for Employer Seeking MLMIC Demutualization Funds
Garfunkel Wild Wins Complete Defense Verdict for NYU Langone Hospital—Brooklyn in Discrimination Lawsuit
Garfunkel Wild Wins Complete Defense Verdict for NYU Langone Hospital—Brooklyn in Discrimination Lawsuit
With Garfunkel Wild’s specialty in health care law, we provide advice, consultation, representation, and information on a broad range of issues affecting hospitals and health systems. Our hospital clients rely on our various practice groups to provide expertise on a broad range of issues and disciplines including, regulatory, HIPAA, compliance, risk management, information technology, managed care, reimbursement, litigation, mergers and acquisitions, affiliations, and transactions. Garfunkel attorneys include former physicians, nurses, prosecutors, hospital counsel, governmental counsel, and others who have spent their careers counseling hospitals. By representing numerous hospitals and health systems, we bring to each client a unique and comprehensive background and understanding of hospitals, their needs and the challenges that they face. Our clients receive state of the art advice and practical guidance consistent with the ever-changing nature of the health care environment.
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OIG Highlights New Concerns
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.
DEA Extends Telemedicine Prescription Rules Through 2025
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.
11th Annual ASC and Health Care Management Symposium
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.
NYS Department of Health Pauses Implementing New Patient Consent Requirements
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.
New York Hospital Cybersecurity Regulations Announced
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.
New York Enacts Alarming Patient Consent Requirements
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.
OIG Nixes Medicare Advantage Gainsharing Payments
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”).
Update on Change Healthcare Class Action Litigation
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.
Federal Rule Released to Address Mental Health Coverage Parity
This week, the Federal Departments of Treasury, Labor, and Health and Human Services (the Departments) released final rules strengthening consumer protections for patients seeking mental health and substance use disorder treatments.
OIG Approves Patient Travel, but Not Fertility Services
OIG posted a partially favorable Advisory Opinion (24-05) permitting a biotechnology company to provide transportation, lodging, and payment of associated expenses for certain patients receiving gene therapy treatments for two severe genetic diseases. In the same Advisory Opinion, however, OIG responded unfavorably to the Company’s proposal to subsidize some or all costs related to fertility preservation and storage procedures for these same patients.
NY Hospital & Long Term Care Legislative Update
Garfunkel Wild’s 2023-24 Legislative Session Update newsletter will keep you up to date on relevant legislation introduced in New York State, particularly involving hospitals and long term care facilities.
OIG Approves Drug Refund and Discount Program
The OIG's trend of ensuring access to care in compelling circumstances continued with a recent opinion allowing a pharmaceutical affiliate to refund, waive, or delay payment for a drug treating a rare, fatal pediatric immunodeficiency disorder.
OIG Greenlights Gene Therapy Assistance Program
The U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (24-03) permitting a pharmaceutical manufacturer (Manufacturer) to provide financial assistance to qualified patients undergoing its gene therapy treatment for two severe genetic conditions.
OIG Report Highlights Enforcement Priorities
The U.S. Department of Health and Human Services (HHS), Office of Inspector General (OIG) released its revamped Semiannual Report (SAR) on June 3, 2024. The SAR’s new format focuses on the oversight work OIG completed during the reporting period, and emphasizes how this work directly addresses the Top Management Challenges Facing HHS.
Telehealth Update: NY Proposes Controlled Substance Prescribing, Waiting on DEA
On May 15, 2024, the New York State Department of Health (DOH) announced a pivotal change in its regulations, as it intends to permit health care providers to use telemedicine to conduct patient evaluations before prescribing controlled substances. Prior to the COVID-19 pandemic, DOH required health care providers to perform an initial in-person physical evaluation of patients before prescribing controlled substances.
Be Prepared! NYS OMIG’s 2024 Work Plan Provides an Audit Roadmap for Health Care Providers of All Types
Garfunkel’s Compliance Webinar Series rolls on with an examination of the 2024 Work Plan published by the New York State Office of Medicaid Inspector General (OMIG).
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).
FTC Bans Non-Competes Across the Nation
On Tuesday, April 23, 2024, the Federal Trade Commission (FTC) promulgated a final rule banning most non-compete agreements, in any industry, and is set to become effective 120 days after its publication in the Federal Register (the “Final Rule”).
NJ Supreme Court Vacates $23.4M Award Against Valley Hospital
On April 16, 2024, the Supreme Court of New Jersey issued its decision in Comprehensive Neurosurgical, P.C. v. The Valley Hospital. In an over 60-page unanimous opinion, the Court vacated a 23.4 million dollar award against Valley Hospital.
OIG Allows Patient Assistance Programs Funded by Drug Manufacturers
The U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (24-02) permitting a non-profit organization (Non-Profit) to provide financial support to eligible patients with specific rare diseases through assistance programs (Programs) it operates.
Cybersecurity – It’s More Than HIPAA: NY Regulatory Refresher for 2024
Join the health care professionals of Garfunkel Wild and Withum as they dive into the technical, legal, and financial steps you will need to take to come into compliance with the new cybersecurity regulations for New York hospitals.
FQHC Look-Alike Application Blackout Period: Changes are Coming
The Health Resources and Services Administration (HRSA) has announced that it will not be accepting Federally Qualified Health Center (FQHC) Look-Alike Initial Designation (LAL-ID) applications for approximately one month starting in late June.
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.
Chemed’s 6th Annual Medicine & Ethics Conference
Garfunkel Wild sponsored the 6th Annual CHEMED Medicine & Ethics Conference, February 15-18, 2024.
Hospitals Should Consider Legal Action to Resolve Medicare Advantage 340B Drugs Underpayments
Despite the United States Supreme Court’s finding that the reduction of Medicare reimbursement rates for 340B outpatient drugs was unlawful, Medicare Advantage organizations (“MAOs”) maintain that they have no similar responsibility to make hospitals whole.
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.
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.
OIG’s Newest Strategic Plan Prioritizes Managed Care Oversight
The U.S. Department of Health and Human Services, Office of Inspector General (OIG) recently designated oversight of managed care as a “priority area”, and developed a coordinated strategic plan (the Plan) to better align its audits, evaluations, investigations, and enforcement of managed care.
OIG Issues Toolkit for Medicare Advantage Organizations
The U.S. Department of Health and Human Services, Office of Inspector General (OIG) released a new toolkit to help Medicare Advantage (MA) organizations replicate OIG audit methodologies to detect and correct inaccurate diagnosis codes in their own systems.
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).
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.
Favorable OIG Advisory Opinion Allows Subsidies for FDA-Approved Clinical Studies
The U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (23-11) that allows a medical device manufacturer (Manufacturer) to subsidize Medicare cost-sharing obligations as part of a U.S. Food & Drug Administration (FDA)-approved clinical study involving a Category B Investigational Device Exemption.
OIG’s Favorable Advisory Opinions Allow Incentives to Medigap Plan Policyholders
The U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted two favorable Advisory Opinions (23-09 and 23-10) to allow a licensed offeror of Medicare Supplemental Health Insurance (Medigap Plan) policies and a preferred health organization (PHO) (collectively, “the requestors”) to incentivize Medigap Plan policyholders to seek inpatient care from a hospital within the PHO’s network. Notably, OIG issued these favorable opinions even though the proposed incentives implicated the Anti-Kickback Statute (AKS) and the Beneficiary Inducement Civil Money Penalty (CMP), and there was no applicable exception or safe harbor.
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.
Updates on Tracking Technologies and Information Blocking
As we have noted in a previous Garfunkel Wild alert, the Department of Health and Human Services (“DHHS”) Office of Civil Rights (‘OCR”) published guidance regarding the use of tracking technologies (i.e., technologies that collect and analyze information about how users interact with websites and mobile applications).
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.
Flurry of Activity Around Patient Information Impacting New York Providers
In the last few months of 2023, there has been a flurry of legal activity pertaining to the use, disclosure, and protection of health information. Here is a summary of the latest legal initiatives impacting New York providers.
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.
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
340B Hospital Cost Report Waiver Ends
In 2020, HRSA waived its requirement that off-site, outpatient hospital facilities be listed as reimbursable on the hospital’s most recently filed Medicare Cost Report, and registered on OPAIS, prior to participating in the 340B program. On October 26, 2023, HRSA released a notice confirming that this waiver has ended.
10th Annual ASC and Health Care Management Symposium
Garfunkel Wild's 10th 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.
CMS Releases Updated Request for Applications for New Making Care Primary Model
On August 14, 2023, the Centers for Medicare & Medicaid Services (CMS) issued a request for applications for the Making Care Primary (MCP) Model, its newest innovation program aimed at improving patient care by supporting the delivery of advanced primary care services
FQHC Lessons Learned from the Field: Tips to Avoid OSV Non-Compliance
Join Garfunkel Wild’s attorneys as they discuss the OSV process, highlight the areas HRSA reviewers consider, and impart meaningful tips on how FQHCs can be in compliance.
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).
Connecticut Signals Increased Scrutiny of Physician Practice Acquisitions
On July 21, 2023, the Executive Director of the Connecticut Office of Health Strategy (“OHS”), sent a letter to Connecticut physicians reminding them of the requirement for certain practice transactions to obtain Certificate of Need (“CON”) approval prior to closing.
CMS Issues Final Rule Ending COVID-19 Vaccination Requirements
On June 5, 2023, the Centers for Medicare and Medicaid Services (“CMS”) published a much anticipated Final Rule surrounding vaccination and related requirements surrounding the COVID-19 Public Health Emergency.
FQHC Enters Into Agreement To Resolve Disability Discrimination Complaint
On May 10, 2023, MCR Health, Inc. (“MCR” or the “Center”), a federally qualified health center (“FQHC”) based in Florida entered into a voluntary resolution agreement with the Department of Health and Human Services, Office of Civil Rights (“OCR”) to resolve a disability discrimination complaint against the Center.
New York Enacts Notice Requirement for Health Care Transactions
The final budget for fiscal year 2023-2024 passed this week by the New York State legislature requires certain health care entities to pre-notify the Department of Health (the “Department”) of “material transactions” that meet certain financial thresholds.
CMS Approves New Jersey’s FamilyCare’s Section 1115 Demonstration Project
Section 1115 of the Social Security Act provides the Secretary of Health and Human Services with the unique ability to approve demonstration projects (and establish pools for this purpose) that help further the goals of Medicaid programs.
New Jersey Lifts COVID-19 Testing Requirements in Health Care and Congregate Care Settings
Governor Phil Murphy signed an Executive Order lifting COVID-19 testing requirements for health care and congregate care settings. This Executive Order took effect April 3, 2023.
National Business Institute Live Online Seminar – How to Bring New York Employee Handbooks Into Compliance
Garfunkel Wild Partner Salvatore Puccio and Partner Lauren Levine will present at the National Business Institute Live Online Seminar - How to Bring New York Employee Handbooks Into Compliance on March 8, 2023.
Chemed’s 5th Annual Medicine & Ethics Conference
Garfunkel Wild will present at the 5th Annual CHEMED Medicine & Ethics Conference, February 16-19, 2023.
Franchise Regulations in the Context of the MSO Model
Associate, Weston Harty authored the article "Franchise Regulations in the Context of the MSO Model", published in the New York State Bar Association Health Law Journal (2023 - Vol. 28 - No.1).
Health Information Technology Podcast – Termination and Transition Periods
Garfunkel Wild's Health Care Information and Technology Practice Group's Podcast Series "Health Information Technology Podcast- Termination and Transition Periods".
Federal No Surprises Act – 2023 Enforcement Of The Good Faith Estimate For Convening Providers And Facilities
The No Surprises Act requires providers and facilities to provide uninsured or self-pay individuals with a good faith estimate (“GFE”) of expected charges for a scheduled or requested item or service.
Cultural Training and EMR Requirements for NJ Hospitals and Laboratories
Beginning January 18, 2023, New Jersey hospitals and clinical laboratories must demonstrate compliance with cultural competency requirements recently issued by the New Jersey Department of Health (“DOH”).
Garfunkel Wild and Garfunkel Health Advisors Complimentary Webinar – Major Changes to E/M Coding and Documentation Requirements in 2023 – Will You Be Ready?
Garfunkel Health Advisors Simon Chaykler, and Garfunkel Wild’s Robert A. Del Giorno will present the webinar ”Major Changes to E/M Coding and Documentation Requirements in 2023 – Will You Be Ready? on November 8 and 9, 2022.
Properly Address Billing and Overpayment Issues: Use Billing and Documentation Experts to Ensure Payer Rules are Being Followed
It is not at all unusual for health care providers to discover potential billing and overpayment issues in the course of their day-to-day operations. Such issues may arise in any number of ways. For instance, they may be identified as the result of a provider’s internal compliance efforts, including compliance program audits or reviews, or […]
Florida Medical Practice Pays Hefty Price for Alleged Kickback Payments From Pharmaceutical Distributor
On October 3, 2022, the Department of Justice (“DOJ”) announced that a hematology and oncology practice in Fort Lauderdale, Florida will pay $130,000 to settle allegations that the practice violated the False Claims Act and Anti-Kickback statute by accepting illegal kickbacks from its pharmaceutical distributor.
No Sanctions for Financial Relationships Between a Hospital and Federally Qualified Health Center Look-Alike
In Advisory Opinion No. 22-17, posted on September 6, 2022, the U.S. Department of Health and Human Services’ Office of the Inspector General (OIG) stated that it would not impose sanctions on a hospital system (Hospital) and a federally qualified health center look-alike (FQHCLA) that were parties to agreements under which the Hospital provided financial support to the FQHCLA.
New York Issues Liposuction Guidelines For Office-Based Surgery
Last month, the New York State Department of Health (“DOH”) published Guidelines for Performing Liposuction with and without Fat Grafting in the Office-Based Surgery Setting (the “Guidelines”). The Guidelines are meant to improve safety and reduce adverse events and deaths related to liposuction in the office-based surgery (“OBS”) setting.
New York Court of Appeals Resolves MLMIC Dispute by Concluding That Employee-Physicians are Entitled to Conversion Funds
This case involves the 2018 demutualization of the medical malpractice insurer Medical Liability Mutual Insurance Company (“MLMIC”) and who was entitled to the more than $2.5 billion in cash consideration that was to be distributed as a result of that demutualization.
OIG Approves Loan of Smartphones to Patients
In Advisory Opinion 22-08, posted on April 27, 2022, the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) stated that it would not impose sanctions on a federally qualified health center (“FQHC”) that had loaned smartphones to its patients.
CMS Rescinds COVID-19 Emergency Declaration Blanket Waivers for Medicare Long-Term Care Facilities
On April 7, 2022, the Centers for Medicare & Medicaid Services (“CMS”) released a memorandum, QSO-22-15, announcing the restoration of certain minimum regulatory requirements that had been waived in response to the COVID-19 Public Health Emergency. CMS will end the waivers in two groups, under two time frames.
4th Annual CHEMED Medicine & Ethics Conference
Garfunkel Wild will present at the 4th Annual CHEMED Medicine & Ethics Conference, February 17-20, 2022.
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).
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.
8th Annual ASC & Healthcare Management Complimentary Virtual Symposium
Garfunkel Wild’s 8th Annual ASC & Healthcare Management Symposium to be held on October 28, 2021
Behavioral Health News Webinar “This Will Only Hurt a Little – Stoicism in the Face of EHR Implementations”
Garfunkel Wild Partner Terence Russo will present at Behavioral Health News Webinar “This Will Only Hurt a Little – Stoicism in the Face of EHR Implementations” on October 13, 2021 from 1:00 pm – 2:00 pm EDT.
COVID Health Care Worker Mandates: New York, New Jersey and Connecticut
As the Delta variant of COVID-19 continues to spread, New York, New Jersey, and Connecticut have mandated that certain health care workers be vaccinated against COVID-19.
New Disclosure Requirement for NY Residential Health Care Facilities
Effective October 1, 2021, residential health care facilities in New York will be required to provide potential residents and their families with a separate document, in no less than twelve point font, as part of their admission packet that includes the following information:
CMS Proposes Increased Penalties For Failure To Comply With Hospital Price Transparency Rule
The Centers for Medicare and Medicaid Services (CMS) recently issued a proposed rule that would increase financial penalties for hospitals that fail to comply with the CY 2020 Hospital Price Transparency final rule. Among other things, the final rule requires hospitals to publish a list of their standard charges as a comprehensive machine-readable file, and in a consumer friendly format.
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.
New York Hospital/Nursing Home Staffing Legislation Enacted
On June 18, 2021, Governor Cuomo signed into law two bills related to clinical staffing for hospitals and nursing homes. As reported in our prior Alerts, dated May 7, 2021:
Cuomo Announces End of State of Emergency in New York
On June 23, 2021, Governor Cuomo announced that the State-of-Emergency in New York declared as a result of the COVID-19 pandemic ends June 24, 2021.
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.
Staffing Legislation Impacts New York Nursing Homes
On May 5, 2021, the New York State legislature approved two bills with differing requirements related to clinical staffing for hospitals and nursing homes. With a goal of improving both patient and staff safety, as well as patient outcomes, the Governor is expected to sign each bill (A07119 and A00108B) into law soon. This Alert addresses the requirements for nursing homes. Please see a separate Alert here addressing the hospital staffing requirements.
Staffing Legislation Impacts New York Hospitals
On May 5, 2021, the New York State legislature approved two bills with differing requirements related to clinical staffing for hospitals and nursing homes. With a goal of improving both patient and staff safety, as well as patient outcomes, the Governor is expected to sign each bill (A07119 and A00108B) into law soon. This Alert addresses the requirements for hospitals.
New OIG Opinion Regarding Surgery Centers
The U.S. Department of Health and Human Services’ Office of Inspector General (OIG) posted Advisory Opinion 21-02 (AO21-02) on April 29, 2021. AO21-02 is noteworthy for the OIG’s analysis of the proposed investors in an Ambulatory Surgery Center (ASC) under the federal Anti-Kickback Statute (AKS).
Optimizing Payor Contracts: How to Proactively Address Future Obstacles
Debra Silverman will present at the HFMA webinar-Optimizing Payor Contracts-April 14, 2021.
Medical Society of the County of Schenectady Webinar – Employment Agreement Reviews: When Getting Hired and in Preparing for Retirement
James Dering will present at the Medical Society of the County of Schenectady Webinar – “Employment Agreement Reviews: When Getting Hired and in Preparing for Retirement” on April 13, 2021.
MSNJ Webinar- Review of 2021 E/M Guideline Changes and Information Blocking New Rules
Garfunkel Wild’s Terence Russo and Garfunkel Health Advisors will present at the Medical Society of New Jersey (MSNJ) Webinar – Review of 2021 E/M Guideline Changes and Information Blocking New Rules.
CMS Requires Health Plans To Pay For Diagnostic COVID-19 Tests
In response to tremendous confusion as to whether patients can be required to pay any amount “out of pocket” for COVID-19 tests, CMS clarified prior guidance
Garfunkel Wild Webinar – FTCA Deeming: What Do I Need To Do In Order To Submit The Application?
Garfunkel Wild’s Jeff Adest and Sandra Jensen will present the webinar “FTCA Deeming: What Do I Need To Do In Order To Submit The Application” on March 16, 2021.
Ambulatory Surgery Center Association’s Webinar Series – Handling COVID-19 Employee Vaccinations, Updated Leave Entitlements & Addressing Violations of COVID-19 Protocols
Lauren Levine, Marianne Monroy and Salvatore Puccio Will Present At ASCAS – Handling Covid-19 Employee Vaccinations, Leave Entitlements & Protocol Violations on February 18, 2021.
Connecticut Proposes To Limit Further The Scope Of Non-Compete Provisions In Physician Employment Contracts
In Connecticut, non-compete provisions in physician employment agreements, also known as restrictive covenants, have long been considered reasonable restrictions on competition and enforceable. In order to pass muster, such provisions must be found reasonable based upon an analysis of several factors...
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.
7th Annual ASC & Healthcare Management Complimentary Virtual Symposium
Garfunkel Wild’s 7th Annual ASC & Healthcare Management Symposium will be held on November 18, 2020
Changes To New York State Compliance Program Certification Requirements
Separate Annual SSL and DRA Certifications On OMIG’s Website No Longer Required; Replaced By Annual Certification Statements
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.
New Jersey Institute for Continuing Legal Education Webcast – 2020 New Jersey M&A Conference
Garfunkel Wild Partner/Director Steven R. Antico will present at the New Jersey Institute for Continuing Legal Education Webcast – 2020 New Jersey M&A Conference on October 28, 2020.
72nd Annual Health Care Association of New Jersey Convention – Virtual
Jeffrey Brown and Robert Del Giorno will present at the 72nd Annual Health Care Association of New Jersey Convention – Virtual – on October 27, 2020.
Lymphoma Leukemia & Myeloma Congress (LL&M) 2020 Virtual
Justin Vogel will present at the Lymphoma Leukemia & Myeloma Congress (LL&M) 2020 Virtual on October 22, 2020.
New York Physician Practice Settings Must Inform Patients How To Report to OPMC
In legislation enacted on October 7, 2020, New York State is requiring physicians’ practice settings to post notice, visible to patients, that direct patients to the Office of Professional Medical Conduct’s (“OPMC’s”) website to obtain information about their rights and how to file a complaint regarding professional misconduct. The requirement is effective immediately.
CMS Releases Guidance On Emergency Preparedness Testing Exercises For Inpatient And Outpatient Facilities
In a memo, dated September 28, 2020, the Director of the Quality, Safety & Oversight Group in CMS’ Center for Clinical Standards and Quality clarified that facilities that activated their emergency plans due to the COVID-19 Public Health Emergency (PHE) are exempt from their next required full-scale community-based or individual, facility-based functional exercise.
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.
Medicus IT Town Hall Webinar – Successfully Navigating the ‘New Normal’: What ASCs Need to Know
Andrew E. Blustein will present at Medicus It Town Hall Webinar – Successfully Navigating the ‘New Normal’: What Ascs Need to Know on September 16, 2020.
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.
New York Enacts Paid Sick Leave Reform
On April 3, 2020, New York State Governor Andrew Cuomo signed the fiscal year 2021 budget, which included an overhaul of statewide paid sick leave requirements under the New York State Labor Law. Under the new law, all employers must provide sick leave to their employees.
American Health Law Association 2020 Virtual Annual Meeting
Garfunkel Wild will present at the American Health Law Association 2020 Virtual Annual Meeting on June 30, 2020.
Appellate Division, Third Department Finds That Physicians are Entitled to Receive MLMIC Demutualization Funds
On June 18, 2020, the Appellate Division’s Third Judicial Department issued a decision in the case Schoch v. Lake Champlain Ob-Gyn, P.C., No. 529615, concerning entitlement to MLMIC funds distributed in connection with MLMIC’s purchase in 2018 by National Indemnity Company, a Berkshire Hathaway subsidiary.
Garfunkel Wild and CohnReznick Webinar – Stabilizing Healthcare: Key Strategies To Enhance Financial And Operational Performance
Garfunkel Wild’s Burton S. Weston, Adam Berkowitz and CohnReznick’s Cynthia Romano, Chris Creger, Caroline Znaniec will present the webinar “Stabilizing Healthcare: Key Strategies To Enhance Financial And Operational Performance” on June 24, 2020.
Garfunkel Wild Webinar – FTCA Deeming: What Do I Need To Do In Order To Submit The Application?
Garfunkel Wild will present the webinar “FTCA Deeming: What Do I Need To Do In Order To Submit The Application?” on June 9, 2020.
New York Allows Dentistry Practices to Open Statewide
On May 31st , New York Governor Andrew Cuomo issued a press release stating that all New York dentists can reopen statewide beginning June 1, 2020. As dental practices open, they “will be subject to state guidance on best practices for safety and social distancing.” Dental practices are required to affirm their understanding of, and compliance with, State guidelines.
Garfunkel Wild Webinar – “Practical Aspects for ASCs Reopening”
Garfunkel Wild will present the webinar “Practical Aspects for ASCs Reopening” on May 21, 2020.
CMS Makes Sweeping Changes to Telehealth Rules during COVID-19 Pandemic
CMS has again made significant changes to the current rules and regulations in response to the public health emergency related to the COVID-19 pandemic (PHE). Among the litany of evolving rule modifications, CMS has provided greater flexibility regarding the provision of telehealth and other services in order to provide patients and clinicians with the ability to access and deliver safe patient care during the PHE.
CMS Interim Final Rule Relaxes Supervision Rules
In addition to relaxing rules related to reimbursement for telehealth services, the Centers for Medicare and Medicaid Services (CMS) have made changes to supervision requirements in various settings during the public health emergency caused by COVID-19 (“PHE”) without affecting reimbursement. Some of the temporary changes include...
New York State Reinstates Statutes and Regulations Governing Hospitals and Nursing Homes
On May 8, 2020, Governor Cuomo signed Executive Order 202.28, continuing some, and importantly, cancelling other suspensions or modification of certain statutes and regulations governing hospitals and nursing homes. Among the suspensions continued until June 6, are all of the prior Executive Orders allowing professionals licensed in other states and Canada to practice in New York, allowing the practice of professionals with an unencumbered license and currently in good standing but not registered in New York, and allowing graduates of registered nursing programs to work under supervision.
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.
Connecticut Orthopaedic Society (COS) Webinar – COVID-19 Crisis: How Can You Exit or Modify a Contract You Can No Longer Afford or Comply With?
Barry B. Cepelewicz will present at the COS Webinar – Covid-19 crisis: How Can You Exit Or Modify a Contract? On April 23, 2020.
Strafford CLE Webinar – National Practitioner Data Bank: Hospital Reporting Obligations, Reporting Immunity, and Physician Strategies
Garfunkel Wild Partner/Director Leonard M. Rosenberg will present at the Strafford Webinar – National Practitioner Data Bank: Hospital Reporting Obligations, Reporting Immunity, and Physician Strategies on April 22, 2020.
CT Governor Signs Orders Regarding Waivers for Healthcare Providers Related to COVID-19
CT Governor Signs Orders Regarding Waivers for Healthcare Providers Related to COVID-19, Restricting Surprise Bills for Out-of-Network Services and Uninsured COVID-19, and Extending Permits and Pre-Licensure for Health Care Professionals.
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”).
HRSA Extends Deadline for 2021 FTCA Deeming Applications
On April 2, 2020, HRSA extended the calendar year 2021 FTCA deeming application deadline from May 14 to July 13 due to the ongoing COVID-19 pandemic. This is extremely significant given the COVID-19 concerns being faced by FQHCs.
Garfunkel Wild Webinar – FTCA Deeming: What Do I Need To Do In Order To Submit The Application? – March 31, 2020
Garfunkel Wild will present the webinar “FTCA Deeming: What Do I Need To Do In Order To Submit The Application” on March 31, 2020.
Garfunkel Wild Webinar – A State Update: How to Operationalize the Connecticut Administration’s Expectation Regarding Elective Cases in ASCs
Garfunkel Wild Vice Chairman Andrew E. Blustein and Lisa A. Winkler, Executive Director, Connecticut Association of Ambulatory Surgery Center will present the webinar “A State Update: How to Operationalize the Connecticut Administration’s Expectation Regarding Elective Cases in ASCs” on March 27, 2020.
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.
Garfunkel Wild Webinar – Operationalizing State-Wide Ban on Elective Surgery
Garfunkel Wild Chairman Andrew E. Blustein and Partner Stacey L. Gulick will present the webinar “Operationalizing State-Wide Ban on Elective Surgery” on March 24, 2020. New York State is banning elective procedures at hospitals and ASCs for the unforeseeable future. This webinar will explore what the scope of these bans and some suggestions on how to operationalize these limitations. This webinar […]
Coronavirus (Covid-19) New York State Nursing Home Guidance
New York State’s rapidly evolving response to COVID-19 has resulted in a number of new Executive Orders (“Orders”) from Governor Cuomo, as well as various regulatory waivers and guidance from the Centers for Medicare and Medicaid Services, the New York State Department of Health and other state agencies.
COVID-19/New York State Emergency Approvals
We have been heartened by many of our client healthcare facilities and providers developing and offering up unique and creative solutions to address the surge of healthcare needs from the evolving COVID-19 outbreak.
Garfunkel Wild Webinar – Implementing and Expanding Telehealth to Address COVID-19
Garfunkel Wild Partner/Director Debra A. Silverman and Partners Stacey L. Gulick and Sandra M. Jensen will present the webinar “Implementing and Expanding Telehealth to Address COVID-19” on March 19, 2020.
Garfunkel Wild Webinar – Mayor de Blasio’s Emergency Executive Order
Garfunkel Wild Vice Chairman Andrew E. Blustein and Partners James E. Dering and Stacey L. Gulick presented a webinar on “Mayor de Blasio’s Emergency Executive Order,” March 17, 2020.
Greater New York Health Care Facilities Association (GNYHCFA) Seminar – Regulatory Updates
Eve Green Koopersmith will present at the Greater New York Health Care Facilities Association’s (GNYHCFA) Seminar – Regulatory Updates – March 5, 2020.
Coronavirus (COVID-19) Strategies And Suggestions
The number of confirmed cases of COVID-19 in the United States is increasing rapidly and health care providers need to be prepared. Federal, state and local government agencies recommend that health care providers take various steps during their preparation efforts, including...
Garfunkel Wild Webinar – 340B Contract Pharmacy Issues for FQHCs
Garfunkel Wild's Barbara Knothe will present the webinar “340B Contract Pharmacy Issues for FQHCs” on March 4, 2020.
Garfunkel Wild Webinar – “Telehealth: Effective Risk Management Strategies to Reduce Liability”
Garfunkel Wild Partner/Directors Barry Cepelewicz will present the webinar “Telehealth: Effective Risk Management Strategies to Reduce Liability” on February 26, 2020. This webinar is the first of our Telehealth webinar series.
2nd Annual Center for Health Education, Medicine, & Dentistry (CHEMED) Conference on Medicine & Ethics
Garfunkel Wild will present at the 2nd Annual Center for Health Education, Medicine, & Dentistry (CHEMED) Conference on Medicine & Ethics on February 14, 2020.
New York Expands Protections Under Surprise Bill Law
Effective January 1, 2020, New York has expanded the scope of the consumer protections set forth in New York’s Emergency Medical Services and Surprise Bills (Surprise Bill Law) to include bills for out-of-network (OON) hospital emergency services including inpatient admissions through the emergency room.
Garfunkel Wild Webinar – Preparing for an OSV; Practical Tips
Garfunkel Wild presented the webinar “Preparing for an OSV; Practical Tips” on February 6, 2020.
New Hospital Financial Reporting Requirements in New Jersey
On January 21, 2020, Governor Phil Murphy signed bills A5916 and A5918 into law which are intended to increase the financial transparency of New Jersey hospitals and to ensure that such hospitals do not suddenly shut down, leaving residents without access to adequate health care in their respective communities as a result of a hospital’s financial distress.
Greater New York Hospital Association (GNYHA) Webinar – Clinical Trial Agreements
Lara Jean Ancona will present at the Greater New York Hospital Association’s (GNYHA) Webinar – Clinical Trial Agreements on January 15, 2020.
Healthcare Financial Management Association’s (HFMA) Metropolitan New York Chapter Regulatory Compliance Seminar
Afsheen A. Shah will present at the Healthcare Financial Management Association’s (Hfma) Metropolitan New York Chapter Regulatory Compliance Seminar December 11, 2019.
Major Change to Office of Professions Procedure
The New York State Education Department (“SED”) has implemented a major procedural change, requiring that new professional practice entities submit an affidavit to SED when applying for Certificates of Authority to operate in New York State (whether in connection with original formation or foreign qualification to do business in New York). SED’s new process also requires that an affidavit be submitted for professional practice entity name changes.
Medical Society of the State of New York (MSSNY) Webinar – How to Maximize Success & Maintain Control & Ownership of Your Physician Group
Andrew E. Blustein will present at MSSNY’s Webinar – How to Maximize Success & Maintain Control & Ownership of Your Physician Group – November 12, 2019
Healthcare Financial Management Association’s (HFMA) Region 2 Fall Institute
Sandra M. Jensen and Salvatore Puccio presented at the Healthcare Financial Management Association’s (Hfma) Region 2 Fall Institute on October 10, 2019
Strafford CLE Webinar – Forming Physician Super Groups: Structural and Regulatory Challenges
Garfunkel Wild Partner/Director Hayden S. Wool will present at the Strafford Webinar – Forming Physician Super Groups: Structural and Regulatory Challenges on October 8, 2019.
New Jersey Primary Care Association Annual Conference
Barbara D. Knothe and Sandra M. Jensen will present at the New Jersey Primary Care Association Annual Conference on October 2, 2019.
New York State Society of Orthopaedic Executives 12th Annual Conference
Andrew E. Blustein will present at the New York State Society of Orthopaedic Executives 12th Annual Conference on September 25, 2019.
2019 ASC And Healthcare Management Complimentary Pre-Symposium Webinar: How Can You Expand And Protect Your Online Presence?
Garfunkel Wild Partner Kevin G. Donoghue will be joined by Doctor.com, Senior Director, Private & Group Practice Solutions Don Dougherty to present a complimentary pre-symposium webinar entitled “How Can You Expand and Protect Your Online Presence?,” Tuesday, September 24, 2019 from 12:00 PM – 1:00 PM EDT.
New York State Society of Orthopaedic Surgeons 2019 NYSSOS Symposium & Annual Meeting – Concepts and Controversies in Orthopaedics in 2019: What You Wanted to Know But Were Afraid to Ask
Barry C. Cepelewicz will present at the New York State Society of Orthopaedic Surgeons 2019 NYSSOS Symposium & Annual Meeting on September 21, 2019.
Empire State Hematology & Oncology Society 2019 Annual Conference
Empire State Hematology & Oncology Society 2019 Annual Conference
Fraud and Abuse – Lessons from Esformes Case
John Martin will present the “Fraud and Abuse – Lessons From Esformes Case” Webinar on September 18, 2019.
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.
LeadingAge New York Financial Professionals Annual Conference
Debra A. Silverman will present at the LeadingAge New York Financial Professionals Annual Conference on September 11, 2019.
OCR Settlement Emphasizes Importance of Patient Access to Information
On September 9, 2019, the Department of Health and Human Services, Office of Civil Rights (“OCR”) announced that Bayfront Health – St. Petersburg, a 480-bed Florida hospital (the “Hospital”), paid $85,000 to settle an investigation regarding the Hospital’s failure to provide one patient with timely access to her medical records. In its press release, the OCR emphasized that this settlement is consistent with its Patient Access Initiative, which was announced earlier this year.
Community Health Care Services Foundation, Inc. (CHC) Webinar – Managed Long Term Care Managed Long Term Care Value Based Payment Contracting
Debra A. Silverman will present at the Community Health Care Services Foundation, Inc. Webinar – Managed Long Term Care on September 10, 2019.
New York Shield Act Modifies Breach Notification Requirements
On October 23, 2019, the Stop Hacks and Improve Electric Data Security (“SHIELD”) Act goes into effect and significantly modifies the existing New York State breach notification requirements, including the addition of new requirements for covered entities (e.g., all health care providers and health plans) to report HIPAA breaches to the New York State Attorney General, as well as the Federal Department of Health and Human Services, Office of Civil Rights (“OCR”).
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 to present a complimentary webinar entitled “Resolving Payer Obstacles.”
DOH Revised ASC Policies
DOH Revised ASC Policies
Recent Court Decision Places at Risk No-Fault Reimbursement to Physician Practices With Management Company Arrangements
The New York Court of Appeals issued its decision in Andrew Carothers, M.D., P.C. v. Progressive Insurance Company. In that case, the Court held that no-fault carriers in New York can recoup or withhold payments made to a professional medical corporation (“P.C.”) if the carriers can show that P.C. was improperly controlled by persons who are not licensed physicians.
Andrew Blustein was selected as an instructor at The Horizon Foundation for webinar, “Do No Harm: Exploring Strategies for Safer Prescribing of Opioids”.
Andrew Blustein was selected as an instructor at the Horizon Foundation for Webinar, “Do No Harm: Exploring Strategies FOR Safer Prescribing Of Opioids.”
Healthcare Financial Management Association (HFMA) 18th Annual Healthcare Conference
Debra A. Silverman will present at the Healthcare Financial Management Association’s (HFMA) 18th Annual Healthcare Conference on May 22, 2019.
LeadingAge New York Annual Conference & Exposition
Debra A. Silverman will present at the LeadingAge New York Annual Conference & Exposition on May 21, 2019.
Garfunkel Wild Webinar – FTCA Deeming: What Do I Need To Do In Order To Submit The Application? – April 30, 2019
Garfunkel Wild Complimentary Webinar – April 30th – FTCA Deeming: What Do I Need to Do in Order to Submit the Application
New MOLST Forms and Checklists Published by DOH
The New York State Department of Health has made changes to the Medical Orders for Life Sustaining Treatment (MOLST) form and Nonhospital Order Not to Resuscitate, DOH Forms 5003 and 3474, respectively. These changes were made to comply with statutory changes, which granted authority to Nurse Practitioners to sign the MOLST and Nonhospital Order Not to Resuscitate.
New York Appellate Division Holds Employer Medical Practice Is Entitled To Receive MLMIC Demutualization Funds
On April 4, 2019, the Appellate Division, First Department issued a decision in Schaffer, Schonholz & Drossman LLP v. Rachel Title, Index No. 160215/2018 concerning an employer’s entitlement to MLMIC funds being held in escrow following MLMIC’s demutualization and purchase last fall by National Indemnity Company, a Berkshire Hathaway subsidiary.
Erie County Supreme Court Issues Controversial Decision in Parties’ Dispute Over MLMIC Funds
On March 22, 2019, the Supreme Court of Erie County issued a trial-court level decision in the case, Maple-Gate Anesthesiologists, P.C. v. Nasrin, Index No. 818104/2018, concerning entitlement to MLMIC funds distributed in connection with MLMIC’s purchase last fall by National Indemnity Company, a Berkshire Hathaway subsidiary. This decision is the first decision published addressing the merits of the parties’ claims in that case.
The Gitenstein Institute for Health Law & Policy at Hofstra University School of Law – Thought Leadership In Action Speaker Series
Judith A. Eisen and Stacey L. Gulick present at the Gitenstein Institute For Health Law & Policy At Hofstra University School of Law – Thought Leadership in Action Speaker Series on April 4, 2019.
New York State Society of Orthopaedic Surgeons’ Webinar – Your Employment Agreement: How To Be Best Protected.
Barry B. Cepelewicz will present at the New York State Society of Orthopaedic Surgeons’ Webinar – Your Employment Agreement: How to Be Best Protected.
Attention Greenway Health Users
If you are a physician or a physician practice that uses Greenway Health LLC electronic health record (“EHR”) products to calculate Meaningful Use / Promoting Interoperability measures in relation to the NY Medicaid EHR Incentive Program, be advised that Greenway has identified certain of its products as having made miscalculations.
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.
Fairfield County Medical Association’s Webinar– Creating a Medical Record that Protects Your Patients, Your Practice and You
Barry B. Cepelewicz will present at the Fairfield County Medical Association’s Webinar – Creating a Medical Record that Protects Your Patients, Your Practice & You – March 6, 2019.
American College of Surgeons (ACS) – New York Chapter’s Program – Optimizing Your Surgical Practice
Barry B. Cepelewicz will present at the American College of Surgeons (ACS) – New York Chapter’s Program – Optimizing Your Surgical Practice – March 5, 2019.
New York State Society of Orthopaedic Surgeons’ Webinar – Understanding Value Based Payments
Debra A. Silverman will present at the New York State Society Of Orthopaedic Surgeons’ Webinar – Understanding Value Based Payments on February 27, 2019.
In the New York State Courts (New York State Bar Associations Health Law Journal Winter 2018)
Partner/Director Leonard M. Rosenberg, had his article “In the New York State Courts,” published in the Winter 2018 (Volume 23, Number 3) issue of the New York State Bar Association’s Health Law Journal.
Medical Society of the State Of New York (“MSSNY”) and Garfunkel Wild in Discussions with Zocdoc
Zocdoc has announced that its pricing model for doctors in New York will change effective April 1, 2019. Zocdoc currently charges its customers a flat annual fee. Under the new pricing model, customers will pay a reduced annual fee, as well as a booking fee. The amount of the booking fee will vary based on the physician’s specialty.
New York Assembly and Senate Issues Guidance On Not-For-Profit Law
In the closing hours of the New York State Legislature (2018), there were two changes enacted to the New York Not-for-Profit Corporation Law. The analysis below provides an overview of the new legislation.
Garfunkel Wild is Sponsoring the New York State Society of Orthopaedic Surgeons 2018 Annual Meeting and Symposium “Pearls and Pitfalls in Diagnosis and Management”
Garfunkel Wild, legal counsel to the New York State Society of Orthopaedic Surgeons, sponsors their 2018 Symposium and Annual Meeting and Symposium “Pearls and Pitfalls in Diagnosis and Management,” September 22, 2018.
Garfunkel Wild Scores Court Victory, Makes New Law, in Medical Staff Lawsuit
Garfunkel Wild achieved dismissal of a federal court discrimination suit filed by a cardiologist who was denied privileges to perform advanced electrophysiology procedures at South Shore University Hospital due to lack of experience.
Catholic Health System’s Win Featured in Law360
Garfunkel Wild won a precedent-setting decision for its client and all Catholic-based health care facilities when it successfully defeated a challenge to the use of the Ethical and Religious Directives for Catholic Health Care Services ("ERDs").
Garfunkel Wild Continues to Increase Health Care Rankings in 2023 Edition of Chambers USA
Garfunkel Wild continues to increase its Health Care practice and lawyer recognition in Chambers USA 2023 annual rankings of the foremost law firms and lawyers in the country.
Kimberly Kempton-Serra Quoted In ASC Focus Article Entitled “Set Up A Compliant Patient Transportation Service” October 2019
Kimberly Kempton-Serra Quoted In ASC Focus Article Entitled “Set Up A Compliant Patient Transportation Service” October 2019
Garfunkel Wild Wins Summary Judgment for Employer Seeking MLMIC Demutualization Funds
Garfunkel Wild Wins Summary Judgment for Employer Seeking MLMIC Demutualization Funds
Garfunkel Wild Wins Complete Defense Verdict for NYU Langone Hospital—Brooklyn in Discrimination Lawsuit
Garfunkel Wild Wins Complete Defense Verdict for NYU Langone Hospital—Brooklyn in Discrimination Lawsuit