Compliance, Investigations & White Collar


Little COVID-19 Relief for Facilities and Providers Subject to Justice Center Actions
April 23, 2020 | John F. Queenan | Health Services | Compliance, Investigations & White Collar

Although Executive Order 202.10 gave health care providers some immunity for COVID-19 related care, this immunity does not extend to actions by the Justice Center for the Protection of People with Special Needs (“Justice Center”). A provider or facility could be prosecuted for allegations of abuse or neglect by the Justice Center for actions taken

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FTC and FCC Take Joint Action to Stop COVID-19 Scam Robocalls
April 8, 2020 | Marc S. Ullman | Compliance, Investigations & White Collar

On April 3, 2020 the Federal Trade Commission (FTC) and the Federal Communication Commission (FCC) announced that they had issued Warning Letters to VoIP providers: SIPJoin, Connexum and VoIP Terminator d/b/a BLMarketing. According to the letters, investigations have revealed that the companies transmitted calls offering fraudulent COVID-19 home testing kits or claiming that HVAC cleaning

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Possible Pandemic, Coronavirus Poised to Pose Risks to U.S. Companies
February 26, 2020 | Paul V. Majkowski | Employment & Labor | Directors & Officers Liability | Compliance, Investigations & White Collar | Complex Torts & Product Liability | Commercial Litigation

With the coronavirus outbreak continuing in China, significant new incidences being reported in South Korea and Italy, and stories of quarantines permeating the news, in addition to the catastrophic toll on human health, we are far from business as usual in many respects. In the U.S., a CDC official has now stated, “It’s not a

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Proposed Changes to Stark Law Promote Value-Based Provider Arrangements
October 11, 2019 | Benjamin P. Malerba | Ada Janocinska | Health Services | Compliance, Investigations & White Collar

As part of the U.S. Department of Health and Human Services’ “Regulatory Sprint to Coordinated Care,” the U.S. Office of Inspector General (OIG) and the Centers for Medicare and Medicaid Services (CMS) coordinated their efforts in issuing proposed changes to the federal fraud and abuse laws which prohibit certain patient referrals. The changes are intended

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Cannabis: A Business Opportunity for Those with an Appetite for Risk
September 26, 2019 | Matthew V. Spero | Marc S. Ullman | Health Services | Cannabis | Corporate | Compliance, Investigations & White Collar

In the past 10 years, the legalization of marijuana and other cannabis-related products have expanded tremendously throughout the United States. Currently, medical marijuana is legal in 33 states and the District of Columbia, while 11 states and the District of Columbia have legalized recreational marijuana use for adults 21 and over.

Additionally, cannabidiol (CBD) got

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Sweeping Changes to the Criminal Justice System Benefit those Accused
April 4, 2019 | Michael Vanunu | Compliance, Investigations & White Collar

On Monday, April 1, 2019, Gov. Andrew Cuomo and the New York Legislature agreed to broad reform in the criminal justice system that will take effect on January 1, 2020. These new criminal procedure laws will completely change how individuals accused of committing crimes (referred to below as “the accused”) are treated during a criminal

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Ullman’s Article on CBD in Supplements Appears in USLAW Magazine
March 28, 2019 | Marc S. Ullman | Cannabis | Compliance, Investigations & White Collar

Marc Ullman wrote “Regulations Remain Hazy around CBD Use in Supplements” for the Spring/Summer 2019 issue of USLAW Magazine.

The article reveals the regulatory confusion shrouding products made from Cannabis Sativa plants and their byproducts, with a special focus on cannabidiol as a supplement ingredient.

To read the article, click here.

 

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FTC Issues Privacy and Data Security Update
| Marc S. Ullman | Compliance, Investigations & White Collar | Privacy, Data & Cyber Law

On March 15, 2019, the Federal Trade Commission (FTC) issued its 2018 Privacy and Data Security Update, which reported on the agency’s enforcement activities for that calendar year.

As the United States’ primary consumer protection agency, the FTC has authority to enforce a variety laws directly related to privacy and data security, including the Truth in

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Shapiro Publishes Article in Nutrition Industry Executive
December 12, 2018 | Steven Shapiro | Health Services | Compliance, Investigations & White Collar

Steven Shapiro published an article in Nutrition Industry Executive, “What is Slack-fill & Why You Need to Know.”

Click here to read the article.

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UPDATE: OMIG Issues Changes to December 2018 Certification
December 7, 2018 | Ashley Algazi | Compliance, Investigations & White Collar | Health Services

OMIG has issued updates to its certification process for applicable Medicaid and Managed Medicaid providers, which may have a significant impact on providers who are required to certify by December 31, 2018.

OMIG has expanded its certification to adopt five separate categories listed on the updated Social Services Law Certification Form: (i) Annual Certification, (ii)

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