Health Services


HHS OIG Issues Information-Blocking Disincentives for Certain Health Care Providers
July 9, 2024 | Benjamin P. Malerba | Jeffrey Ehrhardt | Health Services | Compliance, Investigations & White Collar

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 | Eric D. Fader | Health Services | Compliance, Investigations & White Collar

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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New York Joins List of States Prohibiting Geofencing Near Healthcare Facilities
March 29, 2024 | Frank P. Izzo | Jeffrey Ehrhardt | Health Services | Privacy, Data & Cyber Law

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 | Jeffrey Ehrhardt | Health Services

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 | Frank P. Izzo | Jeffrey Ehrhardt | Health Services | Privacy, Data & Cyber Law

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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Due Diligence: A Critical Component of any Transaction
September 6, 2023 | Benjamin P. Malerba | Douglas E. Menikheim | Sean N. Simensky | Health Services | Dental Practice Counseling | Corporate

In our previous article, we detailed the role and importance of the letter of intent (LOI) in establishing a framework for selling a dental practice. Now we will discuss the next step in the transaction – performing due diligence.

Due diligence is the process through which each party evaluates the other party(ies) to determine whether

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Letters of Intent – Negotiating the Framework of Your Transaction
July 27, 2023 | Benjamin P. Malerba | Douglas E. Menikheim | Sean N. Simensky | Dental Practice Counseling | Health Services | Corporate

In our last installment, we discussed some of the initial steps involved in the process of selling a dental practice, including preparing your practice for sale and finding a potential suitor. Specifically, we described ways in which sellers can find potential buyers and work with advisors and brokers to evaluate the best fit. In this

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Contemplating Selling Your Practice? Consider These First Steps
June 26, 2023 | Benjamin P. Malerba | Douglas E. Menikheim | Sean N. Simensky | Dental Practice Counseling | Health Services | Corporate

In our last installment, we discussed that the dental services industry has undergone large-scale consolidation in recent years, primarily driven by Dental Services Organizations (DSOs) and private investors. We described what a DSO is and why it is a prevalent vehicle through which private investors are seeking to consolidate the dental services industry. We also

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NY Amends Home Care Worker Minimum Wage
May 19, 2023 | John K. Diviney | John F. Queenan | Jeffrey Ehrhardt | Health Services | Employment & Labor

One of the many new provisions enacted as part of the 2023-2024 New York State Budget was an increase in the minimum wage for home care workers.

Initially, it is important to note that the $1 hourly increase in the minimum wage for home care workers in New York State, slated to take effect October

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NY Enacts Scaled-Back Version of Hochul’s Health Care Transactions Proposal
May 4, 2023 | Benjamin P. Malerba | Jeffrey Ehrhardt | Corporate | Health Services

Following extended New York State budget negotiations, lawmakers have enacted a significantly modified version of Governor Hochul’s proposed health care transaction review bill, which we discussed in prior posts, here and here.

The bill, as originally proposed, included a comprehensive Department of Health review process, and required the Department of Health’s pre-approval to close certain

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