Recent Publications - Health Services


COVID-19 Pandemic Fraud Enforcement Efforts Overview
May 23, 2025 | Compliance, Investigations & White Collar | Health Services

Jeff Kaiser’s article, “COVID-19 Pandemic Fraud Enforcement Efforts Overview,” was published on the Lexis Nexis legal research tool, Practical Guidance.

In the article, Jeff offers a comprehensive overview of enforcement efforts related to COVID-19 pandemic fraud.

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NYS DOH Releases New Electronic Material Transaction Form
May 21, 2025 | Corporate | Health Services

Just last week, we reported that the 2025/26 NYS Budget Bill did not include a provision that would have increased the requirements for seeking Department of Health (DOH) approval of a material healthcare transaction (which generally means one that increases revenues from healthcare services by at least $25 million) [here]. We have previously written about

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Expanded Healthcare Transaction Notice/Review Dropped from Final 2025/26 NYS Budget Bill
May 16, 2025 | Corporate | Health Services

We recently wrote about proposed legislation that would have substantially increased the existing reporting requirements for material healthcare transactions in NYS that have existed since Public Health Law (PHL) Article 45-A was enacted two years ago. We provided a detailed review of the current PHL 45-A here and here.

The proposed legislation would have amended PHL 45-A and

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It’s More Than Just the Money
April 15, 2025 | Dental Practice Counseling | Health Services | Corporate
The importance of analyzing both economic and noneconomic key issues for a successful health care transaction

With lowering interest rates and federal deregulation, 2025 promises to be a robust comeback year for health care mergers and acquisitions (M&A). At the same time, we’re likely to see more conservative pricing, especially as private equity investors

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Quality of Care Considerations in OIG’s Nursing Facility Compliance Guidance
March 25, 2025 | Compliance, Investigations & White Collar | Health Services

John Queenan, Mary Aperance and Jeff Ehrhardt wrote, “Quality of Care Considerations in OIG’s nursing Facility Compliance Guidance,” for the spring 2025 issue of USLAW Magazine.

The article details the Industry Segment-Specific Compliance Program Guidance for Nursing Facilities (ICPG) and how the guidance may be used as a basis for investigations and enforcement actions.

To read

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Federal Agencies Express Concerns About Health Care Market Consolidation and Role of Private Equity
January 23, 2025 | Health Services

On January 15, 2025, the Federal Trade Commission (FTC), Department of Justice (DOJ), and Department of Health and Human Services (HHS) released a joint report continuing their collaborative initiative to address consolidation within the health care sector. This initiative, launched in December 2023, aims to enhance competition and better regulate private equity investments within the

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$68 Million CDPAP Fraud Indictment Unsealed Amidst Industry Changes
October 29, 2024 | Compliance, Investigations & White Collar | Health Services

On October 9, 2024, the United States Attorney’s office in the Eastern District of New York unsealed an indictment alleging that eight defendants defrauded Medicaid of approximately $68 million.[1] The alleged scheme involved two adult day care programs and a home care financial intermediary, all owned and controlled by the same individuals, as well as

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New Consumer Protection Laws to Affect NY Healthcare Providers
October 7, 2024 | Health Services

On October 20, 2024, several significant consumer protection laws will go into effect, directly affecting healthcare providers throughout New York State. Introduced through the FY 2025 Executive Budget, these new laws reshape how providers must handle patient consent to pay for medical services and the use of credit cards for payment.

Separate Consent for Payment

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Structuring Your Dental Practice Transaction and Elements of the Purchase Agreement
September 25, 2024 | Dental Practice Counseling

In our previous article, we described the due diligence process, including what a buyer would look for in your practice. Once due diligence is under way, the next step is the purchase agreement, which is usually prepared by the buyer’s attorney.

A purchase agreement is the main document for the transaction and describes its structure.

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HHS OIG Issues Information-Blocking Disincentives for Certain Health Care Providers
July 9, 2024 | Compliance, Investigations & White Collar | Health Services

On June 24, 2024, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) announced a final rule that establishes disincentives for certain health care providers that have committed information blocking, or any activity that is likely to hamper access, exchange, or use of electronic protected health information (PHI). This rule applies

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