Health Services

NY Amends Home Care Worker Minimum Wage
May 19, 2023 | John K. Diviney | John F. Queenan | Jeffrey Ehrhardt | Employment & Labor | Health Services

One of the many new provisions enacted as part of the 2023-2024 New York State Budget was an increase in the minimum wage for home care workers.

Initially, it is important to note that the $1 hourly increase in the minimum wage for home care workers in New York State, slated to take effect October

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NY Enacts Scaled-Back Version of Hochul’s Health Care Transactions Proposal
May 4, 2023 | Benjamin P. Malerba | Jeffrey Ehrhardt | Corporate | Health Services

Following extended New York State budget negotiations, lawmakers have enacted a significantly modified version of Governor Hochul’s proposed health care transaction review bill, which we discussed in prior posts, here and here.

The bill, as originally proposed, included a comprehensive Department of Health review process, and required the Department of Health’s pre-approval to close certain

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DSOs: An Option Dentists and Dental Practices Should Consider
May 3, 2023 | Benjamin P. Malerba | Douglas E. Menikheim | Sean N. Simensky | Health Services | Corporate

As a dental professional, you are likely aware of the surge of consolidation that has been affecting the industry for the last several years, which has mostly been driven by Dental Services Organizations (DSOs). This consolidation has not only created significant financial opportunities for investors, but it has also created additional financial and exit opportunities

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

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 budget is now delayed past its

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

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 the immediate future. However, the proposal to

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


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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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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As Telemedicine Expands, Insurance Fraud Grows
September 1, 2022 | Michael A. Sirignano | Health Services | Insurance Fraud

With the strong support of regulators, including in New York, telemedicine has significantly expanded since the beginning of the COVID-19 pandemic. See, e.g., New York State Department of Health, Comprehensive Guidance Regarding Use of Telehealth including Telephonic Services, available at; Governor Hochul Announces $3 Million in New Grants to Expand Access to Telehealth across

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