On June 2, the New York City Department of Health and Mental Hygiene issued Health Advisory #18 which recommends that all New Yorkers receive testing for COVID-19 regardless of whether or not they present symptoms or are considered to be at an increased risk for the virus. This is a change from prior guidance which

On May 28, the Federal Communications Commission (FCC) announced that its COVID-19 Telehealth Program has now approved a total of over $68 million in funding for 185 hospitals and other healthcare providers in 38 states plus Washington, DC. The program, whose full title states its goal of “Promoting Telehealth for Low-Income Consumers,” was adopted on

A May 18 article in Part B News, “Assess legal risk, payer policies to head off hidden dangers of COVID-19 reopening,” discussed how medical practices should take steps to protect themselves from legal and insurance issues. Rivkin Radler’s Robert Iseman was quoted in the article, which advises medical practices that are beginning to reopen on

A May 15 article in Law360, “What to Watch as COVID-19 Cash Crunch Fuels Hospital M&A,” discussed the wave of hospital mergers due to the coronavirus pandemic and its financial impact on healthcare facilities. The article also addressed possible antitrust enforcement actions against hospitals that must merge to remain financially viable. Rivkin Radler’s Robert Iseman

In our prior bulletin, we discussed the likely lack of civil immunity from Justice Center enforcement actions conferred in other contexts by Executive Order 202.10. However, other Executive Orders provided some relief in the form of certain suspended or waived requirements applicable to facilities licensed by the Office of People with Development Disabilities (OPWDD).

By several

On April 30, the Centers for Medicare & Medicaid Services (CMS) announced numerous regulatory waivers and rule changes to, among other things, expand Medicare beneficiaries’ access to coronavirus testing and telehealth services. CMS also made changes to address financial concerns that had been raised by many accountable care organizations (ACOs).

The changes included adding behavioral

On April 24, the Office of Inspector General (OIG) of the U.S. Department of Health and Human Services (HHS) published responses to certain frequently asked questions and further explained its application of administrative enforcement authorities to arrangements directly connected to the COVID-19 pandemic.

OIG stated that it is accepting inquiries regarding application of its administrative

On April 26, the Centers for Medicare and Medicaid Services (CMS) announced that it will no longer accept new applications from physician practices, medical equipment suppliers, and other providers for its Advance Payment Program. CMS will continue to accept applications from hospitals for loans under its Accelerated Payment Program but will be reevaluating the amounts

In 1969, noted economist Milton Friedman coined the term “helicopter money” to describe the monetary policy of injecting liquidity into the market, much like dropping money to people from helicopters, as an alternative to quantitative easing. The CARES Act, popularly referred to as the Provider Relief Fund is a “helicopter” that dropped a lot of

The New York State Department of Health has issued a General Information System (GIS) message clarifying the impact of COVID-19 related payments on Medicaid eligibility determinations.

The GIS confirms that pursuant to sections 2104 and 2201 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 certain pandemic-related payments will not impact Medicaid