Recreational Cannabis Statutes’ Impact on NY and NJ Employers
April 26, 2021 | Tamika Hardy | Cannabis | Employer/Employee | Legislation and Public Policy
New York and New Jersey recently legalized recreational marijuana within less than 6 weeks of each other. While both acts prohibit employers from taking action against employees at least 21 years old who use marijuana recreationally and restrict employers from denying these employees’ employment rights and privileges based solely on marijuana use, it begs the …
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HIPAA Hot Topics: Right to Access, Third Party Authorizations, and Navigating Difficult Denials
April 23, 2021 | Rivkin Rounds Staff | Electronic Health Records | HIPAA | Legislation and Public Policy | Litigation | Private Insurers
Rivkin Radler’s Ashley Algazi and Eric Fader will be presenting at the Health Care Compliance Association’s New York Regional Healthcare Compliance Conference on May 7. The conference will be held virtually via Zoom. The presentation, titled “HIPAA Hot Topics: Right to Access, Third Party Authorizations, and Navigating Difficult Denials,” will include the following topics: Overview …
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OIG Warns on COVID-19 Vaccine Billing
April 20, 2021 | Eric D. Fader | COVID-19 | Legislation and Public Policy | Private Insurers
In an April 15 notice on its COVID-19 portal, the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) reminded healthcare providers that COVID-19 vaccines must be administered at no out-of-pocket cost to patients. OIG has received complaints from patients that their providers charged them for COVID-19 vaccines. Under the Centers for …
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Insurance Fraud Scheme Lands Chiropractor in Prison
April 16, 2021 | Margarita Christoforou | Fraud and Abuse | Litigation | Medicare and Medicaid
The U.S. Department of Justice (DOJ) announced on April 13 that James Spina, a licensed chiropractor and the unlawful operator of Dolson Avenue Medical, P.C. (DAM), was sentenced to nine years in prison and three years of post-release supervision. DAM, a multi-disciplinary medical practice in Middletown, New York, purported to provide a variety of pain …
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Bristol-Myers Squibb Settles MDRP Underpayment Claim for $75 Million
April 14, 2021 | Eric D. Fader | False Claims Act | Litigation | Medicare and Medicaid | Pharmaceuticals
The U.S. Department of Justice recently announced that Bristol-Myers Squibb (BMS) agreed to pay $75 million, plus interest, to resolve allegations that it knowingly underpaid rebates owed under the Medicaid Drug Rebate Program (MDRP). Of that total, $41 million plus interest will be paid to the federal government and the remainder to various state Medicaid …
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NYS Legalizes Gestational Surrogacy: Changes for Health Care Providers
April 7, 2021 | Wendy Hoey Sheinberg | Legislation and Public Policy
On February 16, 2021, the Governor enacted the Child-Parent Security Act (“the Act”) through emergency regulations, legalizing compensated gestational surrogacy in New York State. With gestational surrogacy, a surrogate gestates an embryo for the intended parents. The embryo may contain the genetic material of the intended parents or donor gametes. Traditional surrogacy, where the surrogate …
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HIPAA in an Evolving Health Care Environment
April 7, 2021 | Rivkin Rounds Staff | Behavioral Health | COVID-19 | Electronic Health Records | HIPAA | Legislation and Public Policy
On April 6, Rivkin Radler’s Ben Malerba gave a presentation to members of the Coalition for Behavioral Health. The presentation was entitled “HIPAA in an Evolving Health Care Environment: Proposed Changes for 2021 and Response to COVID-19.” The Coalition for Behavioral Health provides policy, advocacy, training and technical assistance to more than 100 community-based behavioral …
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Free Drug Program Avoids Sanctions Under AKS
April 6, 2021 | Ada (Kozicz) Janocinska | FDA | Fraud and Abuse | Legislation and Public Policy | Medicare and Medicaid | Pharmaceuticals
In a recent advisory opinion, the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) determined not to impose sanctions under the federal Anti-Kickback Statute (AKS) on a drug manufacturer program that offers a free drug to certain eligible patients. The manufacturer uses personalized medicine technology to make the drug from the …
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