Health Services


Medical Aid in Dying Is Now Legal in NY
February 18, 2026 | Wendy Hoey Sheinberg | Health Services

On February 6, 2026, New York Governor Kathy Hochul signed the Medical Aid in Dying Act (MAID), making New York the 13th state to adopt similar legislation along with the District of Columbia. MAID has created a new Article 28-F to the New York Public Health Law, which will be effective August 5, 2026.

What

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Expect Increase in FTC Noncompete Enforcement Despite Withdrawal of Nationwide Ban
February 17, 2026 | Labor & Employment | Health Services

Noncompete agreements remain in the Federal Trade Commission’s crosshairs. Although the FTC abandoned its pursuit of a nationwide ban, targeted enforcement is here, and the healthcare industry specifically has been placed on notice.

The Background

On September 5, 2025, the FTC announced it was walking away from its proposed national ban on noncompetes. However, in

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Renewed Federal Focus On Abuses in Home Health Industry
February 13, 2026 | Geoffrey R. Kaiser | Compliance, Investigations & White Collar | Health Services

Last month, Dr. Mehmet Oz, Administrator of the Centers for Medicare & Medicaid Services (“CMS”), accompanied by other CMS officials, visited with home health and hospice providers and related industry associations to discuss ways to strengthen program integrity enforcement. CMS was reacting to calls from industry stakeholders and members of Congress to get a handle

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Gov. Hochul Seeks Increased Scrutiny, Oversight of Health Care M&A
January 15, 2026 | Norton L. Travis | Jeffrey Ehrhardt | Health Services

This week, Governor Hochul announced a proposal significantly expanding state scrutiny over corporate health care transactions. This proposal reiterates previously expressed concerns that both private equity and health system acquisitions of medical and dental practices lead to reduced access to care, declining quality and higher prices.

While stopping short of requiring actual Health Department approval

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OIG Gives Thumbs Down to Payment of Sign-on Bonuses by Home Care Agency
January 14, 2026 | Geoffrey R. Kaiser | Compliance, Investigations & White Collar | Health Services

In an unfavorable Advisory Opinion issued last week[1], the Office of Inspector General, U.S. Department of Health and Human Services (“OIG”) found that a home care agency’s plan to market sign-on bonuses to prospective employees with the intention of employing those individuals to provide services to family members could result in sanctions for violating the

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Electronic Visit Verification (EVV): The New Frontier in Home Health Fraud Enforcement
December 15, 2025 | Geoffrey R. Kaiser | Compliance, Investigations & White Collar | Health Services

The 21st Century Cures Act (“Cures Act”) required states to adopt electronic visit verification (EVV) systems for Medicaid-covered personal care services (“PCS”) by January 1, 2020 and for home health care services (“HHCS”) by January 1, 2023. According to the Centers for Medicare and Medicaid Services (“CMS”), the EVV requirement was imposed “in response to

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Home Health Care Continued to Be a Federal Enforcement Target in 2025
November 18, 2025 | Geoffrey R. Kaiser | Compliance, Investigations & White Collar | Health Services

The 2025 National Health Care Fraud Takedown, announced in June, was the largest in history, with 325 defendants charged (including 96 providers) in 50 federal districts. In all, the charged schemes involved more than $14 billion in intended loss, and more than $245 million in cash, luxury vehicles, cryptocurrency and other assets were seized. These

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The Intersection Between OMIG’s Home Care Audit Protocols and Liability Risk Under The False Claims Act
October 9, 2025 | Geoffrey R. Kaiser | Health Services | Compliance, Investigations & White Collar

OMIG publishes audit protocols to “assist the Medicaid provider community in developing programs to evaluate compliance with Medicaid requirements under federal and state statutory and regulatory law.”[1]  Such protocols are “applied to a specific provider type or category of service in the course of an audit and involve OMIG’s application of articulated Medicaid agency policy

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The Feds Have Home Care Kickback Arrangements in Their Crosshairs
August 8, 2025 | Geoffrey R. Kaiser | Health Services | Compliance, Investigations & White Collar

The federal government has demonstrated that it is more than willing to use the United States criminal code to prosecute home care agencies that pay unlawful financial inducements to generate referrals in violation of the Anti-Kickback Statute (AKS).

In a superseding indictment unsealed in March 2025, the United States Attorney’s Office for the Eastern District

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COVID-19 Pandemic Fraud Enforcement Efforts Overview
May 23, 2025 | Geoffrey R. Kaiser | 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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