Recent Publications - Health Services


$68 Million CDPAP Fraud Indictment Unsealed Amidst Industry Changes
October 29, 2024 | Compliance, Investigations & White Collar | Health Services

On October 9, 2024, the United States Attorney’s office in the Eastern District of New York unsealed an indictment alleging that eight defendants defrauded Medicaid of approximately $68 million.[1] The alleged scheme involved two adult day care programs and a home care financial intermediary, all owned and controlled by the same individuals, as well as

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New Consumer Protection Laws to Affect NY Healthcare Providers
October 7, 2024 | Health Services

On October 20, 2024, several significant consumer protection laws will go into effect, directly affecting healthcare providers throughout New York State. Introduced through the FY 2025 Executive Budget, these new laws reshape how providers must handle patient consent to pay for medical services and the use of credit cards for payment.

Separate Consent for Payment

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Structuring Your Dental Practice Transaction and Elements of the Purchase Agreement
September 25, 2024 | Dental Practice Counseling

In our previous article, we described the due diligence process, including what a buyer would look for in your practice. Once due diligence is under way, the next step is the purchase agreement, which is usually prepared by the buyer’s attorney.

A purchase agreement is the main document for the transaction and describes its structure.

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HHS OIG Issues Information-Blocking Disincentives for Certain Health Care Providers
July 9, 2024 | Compliance, Investigations & White Collar | Health Services

On June 24, 2024, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) announced a final rule that establishes disincentives for certain health care providers that have committed information blocking, or any activity that is likely to hamper access, exchange, or use of electronic protected health information (PHI). This rule applies

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Fader Writes and Speaks on Neuromonitoring ‘Surgeon Deals’
June 28, 2024 | Compliance, Investigations & White Collar | Health Services

Eric Fader co-authored the article “OIG Advisory Opinion Cautions Against ‘Surgeon Deals’ in Neuromonitoring” in SpineLine, the magazine of the North American Spine Society (NASS), with Dr, Rich Vogel, Co-Chair of the NASS Section on Intraoperative Neurophysiological Monitoring (IONM).

The article includes a detailed analysis of the U.S. Department of Health and Human Services’ Office

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Law Firms Can Now Be Criminally Liable for Wage Theft. Is Yours?
June 4, 2024 | Labor & Employment

When Governor Kathy Hochul signed an amendment to the New York Penal Law this past fall, designating “wage theft” as a form of criminal larceny, she and the State Legislature targeted “bad faith” employers who violate New York’s Labor Law by improperly withholding timely payment of their employees’ earned wages.

The most recent amendment to

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Recent State Law Makes It a Crime to Withhold Wages
May 3, 2024 | Labor & Employment

Governor Kathy Hochul signed an amendment to the New York Penal Law this past fall, designating “wage theft” as a form of criminal larceny. In doing so, she and the State Legislature targeted “bad faith” employers who violate New York’s Labor Law by improperly withholding timely payment of their employees’ earned wages.

The amendment covers

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New York Joins List of States Prohibiting Geofencing Near Healthcare Facilities
March 29, 2024 | Privacy, Data & Cyber Law | Health Services

Frank Izzo and Jeffrey Ehrhardt authored the USLAW article, “New York Joins List of States Prohibiting Geofencing Near Healthcare Facilities.”

The article discusses geofencing laws, enacted partly in response to the Supreme Court Dobbs decision, in depth by state.

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NY Bill to Reduce Temp Agency Staff in Nursing Homes on Governor’s Desk
December 21, 2023 | Health Services | Elder Law

Update: Governor Hochul signed this law (S.6897/A.7328) on December 22, 2023, following the publication of this article. The Governor’s press release can be found here.

A law that would incentivize reductions in the use of temporary staffing agencies in nursing homes awaits action by Governor Hochul, who must either sign or veto the law by December 23.

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New York and Connecticut Prohibit Geofencing near Health Care Facilities
October 13, 2023 | Privacy, Data & Cyber Law | Health Services

New York State and Connecticut have recently enacted laws that prohibit “geofencing” near health care facilities. The New York State law took effect on July 2, 2023, and Connecticut’s on October 1, 2023. These geofencing laws, enacted partly in response to the Supreme Court Dobbs decision (to prevent advertisers from targeting people receiving reproductive services),

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