Recent Publications - Health Services


The Status of Telemedicine Reimbursement
December 20, 2017 | Health Services

Benjamin Malerba, David Richman and Ada Kozicz wrote an article published in Health eSource, a publication of the American Bar Association’s Health Law Section entitled, “The Status of Telemedicine Reimbursement: States’ Efforts to Incentivize Providers to Utilize Telehealth Technologies.”

The article centers on the importance of creating legislation that will provide insurance reimbursement for telemedicine, as a means to

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Year-End Deadline for NY Medicaid Providers and Third-Party Billers
December 13, 2017 | Health Services

New York State Medicaid providers who claim, order or receive at least $500,000 from the Medicaid Program in any consecutive 12-month period have until December 31 to certify that they have implemented a compliance program aimed at detecting and preventing Medicaid fraud, waste and abuse. This requirement also applies to third-party billing companies that bill

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Substance Use Providers Beware: New Patient Record Release Requirements
December 13, 2017 | Health Services

Substance use treatment providers and rehabilitation centers should use caution when reviewing and approving written consents for the disclosure of substance use patient records, specifically consents authorizing disclosure to government agencies, as such requests frequently do not comply with new SAMHSA regulations.

On January 18, 2017, the Substance Abuse and Mental Health Services Administration (SAMHSA)

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Deadline Fast-Approaching for Medicaid Managed Care Participating Providers
November 7, 2017 | Compliance, Investigations & White Collar | Health Services

The deadline for required enrollment with Medicaid under the Federal 21st Century Cures Act (Cures Act) is fast approaching. Currently, Medicaid Managed Care providers are sending mass mailings to their participating providers with notices of required compliance.

By December 1, 2017 certain participating healthcare providers of New York State Medicaid Managed Care plans or the

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OIG Audit Discovers $51.6 M in Overpayments to Acute-Care Hospitals
October 17, 2017 | Compliance, Investigations & White Collar | Health Services

The Office of the Inspector General of the Department of Health and Human Services (OIG) issued a report last month regarding inappropriate payments made to acute-care hospitals for outpatient services provided to Medicare beneficiaries who were inpatients of other facilities. OIG’s findings highlight the need to diligently review claims before submitting them to Medicare.

In

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New York Legislature Broadens Telehealth Services Coverage for Adult Care Facilities
October 16, 2017 | Privacy, Data & Cyber Law | Health Services

New York continues to drive legislative reform to promote telehealth services – clinical healthcare provided remotely through information technology. Most recently the state legislature passed a bill that expands the definition of “originating sites” where telehealth services may be provided to Medicaid patients in an effort to lower costs and health risks.

For background, in

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OMIG Issues New Compliance Alert for NY Medicaid Program
October 13, 2017 | Compliance, Investigations & White Collar | Health Services

A recent Compliance Alert published by the New York State Office of Medicaid Inspector General (OMIG) underscores the need for Medicaid providers to re-evaluate their compliance programs in light of a shift toward new payment methodologies.

On August 31, OMIG published its first Compliance Alert of 2017, entitled “Mandatory Compliance Programs’ Risk Assessments: Changes in

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Shapiro Publishes Article in Natural Products Insider
September 14, 2017 | Compliance, Investigations & White Collar | Health Services

Steven Shapiro has published an article in Natural Products Insider entitled, “A Legal Look at the Definition of ‘Clean Label’.”

Click here to read the article.

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NY Appellate Division, Third Dept., Rules EO-38 Soft Cap Unconstitutional
August 10, 2017 | Health Services

On June 22, 2017, a New York appeals court took aim at Gov. Andrew Cuomo’s Executive Order No. 38. The executive order and the accompanying Department of Health (“DOH”) regulations have been the subject of controversy and appeal since their 2012 debut.

The New York State Appellate Division, Third Department, in Leadingage N.Y., Inc. v.

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OIG Clarifies Hospitals’ Obligations to Patients with Psychiatric Emergencies
August 9, 2017 | Health Services

The U.S. Department of Health and Human Services, Office of Inspector General (“OIG”) recently entered into a settlement with AnMed Health (“AnMed”), a South Carolina hospital, for over $1.2 million for a violation of the Emergency Medical Treatment and Labor Act (“EMTALA”). The settlement serves as an important reminder and clarification on the obligations imposed

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