Recent Publications - Health Services


Budget Delay Puts Cloud Over Governor Hochul’s Healthcare M&A Regulatory Review
April 6, 2023 | Health Services

Please find an update here https://www.rivkinradler.com/publications/ny-enacts-scaled-back-version-of-hochuls-health-care-transactions-proposal/.

As discussed in our March 22, 2023 post, here, Governor Hochul’s proposed budget contained a bill that, if passed, would be transformative for certain healthcare transactions. Hochul’s proposal was dropped from both one-house budgets proposed by the New York Senate and Assembly.

While its passage appears unlikely, the final

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Modernization of Cosmetics Regulation Act of 2022
April 3, 2023 | Compliance, Investigations & White Collar
FDA Will Have Extensive Authority to Regulate Cosmetics

Under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 321(i), “cosmetics” are defined as “articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness or altering the appearance

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The Prohibition against the Corporate Practice of Medicine: Alive and Well and on the Government’s Radar
March 22, 2023 | Health Services

Please find updates here https://www.rivkinradler.com/publications/governor-hochuls-proposed-healthcare-ma-regulatory-review-remains-uncertain/ and here [https://www.rivkinradler.com/publications/ny-enacts-scaled-back-version-of-hochuls-health-care-transactions-proposal/.

A law in New York Governor Hochul’s proposed budget aimed at regulating “large physician practices being managed by entities that are investor-backed” has been dropped from the State Senate and Assembly proposed budgets (S4007B/A3007B).

Subject to final budget negotiations, the proposed law appears unlikely to be enacted in

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OMIG Update: Compliance, Self-Disclosure, and Managed Care Fraud, Waste, & Abuse Regulations Guidance Posted
February 1, 2023 | Health Services

OMIG UPDATE: COMPLIANCE, SELF-DISCLOSURE, AND MANAGED CARE FRAUD, WASTE, AND ABUSE GUIDANCE POSTED

On the heels of publishing their final regulations, on January 31st, the Office of the Medicaid Inspector General (OMIG) released a variety of guidance documents addressing compliance programs; self-disclosure; and Medicaid managed care fraud, waste and abuse prevention programs. The guidance documents

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Ehrhardt Published in NYSBA Health Law Journal
January 18, 2023 | Health Services

Jeffrey Ehrhardt’s quarterly column, “In the Journals,” was published in the New York State Bar Association Health Law Journal.

The column is a collection of recent topics in health law journals.

See the column here, page 33.

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Ullman Publishes Quarterly Column Analyzing The FDA’s Interpretation of the DSHEA Exclusionary Clause
January 6, 2023 | Compliance, Investigations & White Collar | Health Services

Marc Ullman was published in Natural Products Insider. His article, “Analysis: CBD food industry unlikely to placate FDA,” discusses the potentially negative impact on the FDA’s interpretation of the exclusionary clause in the Dietary Supplement Health and Education Act of 1994 (DSHEA). Ullman fears the current interpretation of the act will have a long lasting

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Contracting Around CPLR 202: “Accrual” Borrowing Statute in New York Practice and Why its Current Application is Unworkable
November 21, 2022 | Commercial Litigation

Benjamin Wisher authored the article, “Contracting Around CPLR 202: “Accrual” Borrowing Statute in New York Practice and Why its Current Application is Unworkable,” for the Albany Law Review.

“Amongst New York’s legal practitioners, it is common knowledge that a claim for relief arising under the breach of a contract must be interposed within six years.

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The Family Health Care Decisions Act’s Limitations
October 28, 2022 | Health Services

On any given day, a medical practitioner will evaluate a patient, determine the appropriate care and then provide the required services upon the patient’s consent. However, what happens if a patient lacks capacity and is unable to consent to treatment and has no designated decision maker to take on that role?

The Family Health Care

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FDA’s Misguided NDI Amnesty Scheme – But Companies Should Still Comply with the Law
July 27, 2022 | Compliance, Investigations & White Collar

Marc Ullman authored the article, “FDA’s Misguided NDI Amnesty Scheme – But Companies Should Still Comply with the Law,” in the August issue of Nutrition Industry Executive.

Ullman discusses the FDA’s proposed guidance document on new dietary ingredients.

Read the full article here.

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NY Dental Hygiene Bill Expands Hygienists’ Authority to Administer Anesthesia
June 21, 2022 | Health Services

Last month, New York Gov. Kathy Hochul signed into law a dental hygiene bill that allows dental hygienists to use nitrous oxide and local infiltration anesthesia to assist dentists with all dental procedures. The bill, which was originally introduced in the State Senate in May 2021, amends section 6605-b of the Education Law effective immediately.

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