Telemedicine

• November 18, 2024
• ALERTS

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.

• September 30, 2024
• ALERTS

Remote Patient Monitoring Under the Microscope

The U.S. Department of Health and Human Services, Office of Inspector General (“OIG”) released a Report outlining concerns about the rapid growth of and significant oversight gaps in the Centers for Medicare & Medicaid’s (“CMS”) use of remote patient monitoring (“RPM”) services, particularly with traditional Medicare patients (the “Report”).  Given RPM’s dramatic growth, especially since the COVID-19 pandemic, the Report likely foreshadows OIG enforcement actions in this area. 

• August 5, 2024
• ALERTS

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. 

• June 6, 2024
• ALERTS

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. 

• May 20, 2024
• ALERTS

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.
 

• May 1, 2024
• EVENTS

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).  

• April 25, 2024
• ALERTS

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”).  

• March 1, 2024
• ALERTS

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.

• January 30, 2024
• ALERTS

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. 
 

• January 17, 2024
• ALERTS

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.  

• January 17, 2024
• ALERTS

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.  

• December 21, 2023
• ALERTS

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. 

• November 20, 2023
• ALERTS

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.  

• November 7, 2023
• ALERTS

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

• May 9, 2023
• ALERTS

DEA Proposes Temporary Rule that Impacts In-Person Requirements

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”).  
 

• August 25, 2022
• ALERTS

HHS-OIG Issues Telemedicine Special Fraud Alert

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”).

• February 1, 2022
• EVENTS

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).

• October 13, 2021
• EVENTS

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.

• May 4, 2021
• EVENTS

New York City Bar Webcast – Telehealth 2021 – Rapid Legal Changes and the Implications Resulting from the COVID-19 Pandemic

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.

• December 11, 2020
• ALERTS

OIG Issues Important New And Revised Safe Harbors

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.

• May 13, 2020
• ALERTS

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.

• April 21, 2020
• EVENTS

Garfunkel Wild Webinar – Nursing Facility Update: 1135 Waivers and NYS Executive Orders Explained Emergency Treatment Protection Act (Immunity) and Telehealth Expansion

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.

• April 8, 2020
• ALERTS

FCC Establishes New COVID-19 Telehealth Program

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.

• March 26, 2020
• EVENTS

Garfunkel Wild Webinar – COVID-19 Telehealth Rules Applicable to FQHCs

Garfunkel Wild’s  Jeff Adest and Sandra Jensen will present the webinar “COVID-19 Telehealth Rules Applicable to FQHCs” on March 26, 2020.

• March 19, 2020
• EVENTS

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.

• February 26, 2020
• EVENTS

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.

 

• August 8, 2019
• EVENTS

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, 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. 

• April 4, 2019
• EVENTS

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.

• March 6, 2019
• EVENTS

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.