Telemedicine is changing the delivery of health care in many exciting ways and presenting new opportunities and challenges. Our health care attorneys provide updated advice on telehealth models of care, guide investment and expansion of telemedicine companies, and help clients navigate the ever-changing regulatory landscape. This includes securing reimbursement, completing complex transactions in the telehealth space, and properly structuring innovative and managed care arrangements with third parties. Our clients operate in many different clinical areas including mental health, primary health, and orthopedics.
Working together across diverse Garfunkel Wild legal groups, our health care attorneys provide a range of services to our clients in the telemedicine and telehealth space, including advising on:
Arrangements between telehealth providers and insurers and other third parties including government payors
Licensure and practice of medicine issues arising under state laws, including those involving informed consent, prescribing, practitioner supervision, and more
Reviewing Telehealth service delivery models
Health care fraud and abuse laws applicable to telehealth services and digital technology offerings
Application of privacy and data security laws
Negotiations of vendor and technology relationships
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).
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”).
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.
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.
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.
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.
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.
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.
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
The Federal Drug Enforcement Administration (“DEA”) announced that it has submitted a draft temporary rule to extend the COVID-19 PHE flexibilities around prescribing controlled substances (the “Temporary Rule”).
The Department of Health and Human Services, Office of the Inspector General (“OIG”) published a Special Fraud Alert regarding arrangements with telemedicine companies. According to the OIG, it investigated dozens of fraud schemes involving companies that purported to provide telehealth, telemedicine, or telemarketing services (collectively, “Telemedicine Companies”).
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).
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.
Garfunkel Wild Partner, Stacey Gulick, will present at the New York City Bar Webcast – Telehealth 2021 – Rapid Legal Changes and the Implications Resulting from the COVID-19 Pandemic on May 4, 2021.
The United States Department of Health and Human Services (“HHS”), Office of Inspector General (“OIG”) recently issued an important final rule (the “Final Rule”) that makes significant changes to existing “Safe Harbors” under the Federal Anti-kickback Statue (“AKS”) and that adds new Safe Harbors that provide protection from AKS sanctions for certain types of arrangements.
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.
Garfunkel Wild’s Eve Green Koopersmith will present the webinar “Nursing Facility Update: 1135 Waivers and NYS Executive Orders Explained Emergency Treatment Protection Act (Immunity) And Telehealth Expansion” on April 21, 2020.
The Federal Communications Commission (FCC) has issued a new emergency program – the COVID-19 Telehealth Program (Program) – to provide eligible health care providers with funding of up to $1 million to maximize the provision of connected care services (e.g., telehealth) during the pandemic. Following is a brief overview of the Program and its requirements.
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 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.
Garfunkel Wild Partner/Director Debra A. Silverman and will be joined by Garfunkel Health Advisors, Inc., President Alicia Shickle to present a complimentary webinar entitled “Resolving Payer Obstacles,” Thursday, August 8, 2019 from 12:00 PM – 1:00 PM EDT.
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.
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.
