Fader to Speak at IONM Conference
August 29, 2019 | Rivkin Rounds Staff | Hospitals | Medical Devices and Wearables

Rivkin Radler’s Eric Fader will be speaking at the American Society of Neurophysiological Monitoring’s Fall Symposium in Boston, September 14-15. The Symposium’s theme is “Improving the Quality of Neuromonitoring Practice” and Eric’s presentation will be entitled “Current Legal Issues in IONM: Minimizing Risks.” Eric is one of the few healthcare attorneys in the U.S. with

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New Regs Issued for Vaccination Exemptions
August 28, 2019 | Ada Janocinska | Legislation and Public Policy

On August 16, the New York State Department of Health (DOH) announced the issuance of emergency regulations regarding medical exemptions for school vaccinations. The new regulations went into effect immediately upon their issuance.

Historically, New York State provided two exemptions for state-mandated vaccinations, one for religious considerations and the other for medical reasons. In June

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Kickback Charges Lead to False Claims Act Case
August 27, 2019 | Eric D. Fader | Affordable Care Act | False Claims Act | Fraud and Abuse | Litigation | Medical Devices and Wearables | Medicare and Medicaid

The Manhattan U.S. Attorney’s Office recently announced that the U.S. Department of Justice has intervened in a whistleblower suit against Life Spine Inc., an Illinois-based manufacturer of spinal implants, devices and equipment. The lawsuit, which seeks damages and civil penalties under the False Claims Act (FCA), claims that Life Spine paid millions of dollars in

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Study Reveals Widespread HIPAA Access Violations
August 22, 2019 | Eric D. Fader | Electronic Health Records | HIPAA | Hospitals

A recent study of 51 healthcare providers and 3,003 institutions, published last week on the medRXiv website, revealed widespread noncompliance with HIPAA requirements regarding patients’ right of access to their own medical records. The study was conducted on behalf of Ciitizen Corporation, a medical records storage platform for patients.

The researchers sent record requests to

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CMS Adds Health Plan Ratings to ACA Exchanges
August 20, 2019 | Eric D. Fader | Affordable Care Act | Legislation and Public Policy | Medicare and Medicaid | Private Insurers

The Centers for Medicare & Medicaid Services (CMS) announced on August 15 that health plans offered on health insurance exchanges will be ranked using a five-star quality rating system for the 2020 plan year open enrollment period that begins on November 1, 2019. The ratings will appear on both state-based exchanges and the federal exchange,

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Medicare Physician Fee Schedule for 2020 Includes Telehealth Changes
August 15, 2019 | Eric D. Fader | Behavioral Health | Home Health | Legislation and Public Policy | Medicare and Medicaid | Telehealth

On July 29, the Center for Medicare and Medicaid Services (CMS) released its proposed revisions to the Medicare Physician Fee Schedule for 2020. The Proposed Rule was published in the Federal Register on August 14.

CMS proposed to add three new codes for treatment of opioid use disorder to the list of services that are

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Genetic Testing Scam Targets Medicare Beneficiaries
August 14, 2019 | Eric D. Fader | Fraud and Abuse | Medicare and Medicaid

The U.S. Department of Health and Human Services’ Office of Inspector General (OIG) issued a Fraud Alert on August 13 regarding a genetic testing scam targeting Medicare beneficiaries. The scammers will offer a “free” screening for genetic testing but then submit a claim to Medicare, which will likely deny the claim as medically unnecessary. The

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NY IPA Focuses on Social Determinants of Health
August 13, 2019 | Behavioral Health | Home Health | Legislation and Public Policy | Medicare and Medicaid | Private Insurers

On August 6, health insurer MVP Health Care announced an affiliation with Alliance for Better Health to address so-called social determinants of health in the Albany, New York area. The newly formed independent practice association (IPA), Healthy Alliance Independent Practice Association, is one of the first IPAs in the U.S. to focus exclusively on social

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NY DOH Revises Policy for ASC Approval
August 6, 2019 | Benjamin P. Malerba | Ada Janocinska | Hospitals | Legislation and Public Policy

The New York State Department of Health (DOH) recently revised its policy regarding the review and approval process for Certificate of Need (CON) applications for ambulatory surgery centers (ASCs).

The DOH’s current public need criteria favor the approval of new ASCs because they allow patients to obtain safe, low-cost and convenient surgical services outside a

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