Health Services


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

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 | Ada Janocinska | Atara Kahn | 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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HHS OIG Issues Information-Blocking Disincentives for Certain Health Care Providers
July 9, 2024 | Benjamin P. Malerba | Jeffrey Ehrhardt | Health Services | Compliance, Investigations & White Collar

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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Fader Writes and Speaks on Neuromonitoring ‘Surgeon Deals’
June 28, 2024 | Eric D. Fader | Health Services | Compliance, Investigations & White Collar

Eric Fader co-authored the article “OIG Advisory Opinion Cautions Against ‘Surgeon Deals’ in Neuromonitoring” in SpineLine, the magazine of the North American Spine Society (NASS), with Dr, Rich Vogel, Co-Chair of the NASS Section on Intraoperative Neurophysiological Monitoring (IONM).

The article includes a detailed analysis of the U.S. Department of Health and Human Services’ Office

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New York Joins List of States Prohibiting Geofencing Near Healthcare Facilities
March 29, 2024 | Frank P. Izzo | Jeffrey Ehrhardt | Health Services | Privacy, Data & Cyber Law

Frank Izzo and Jeffrey Ehrhardt authored the USLAW article, “New York Joins List of States Prohibiting Geofencing Near Healthcare Facilities.”

The article discusses geofencing laws, enacted partly in response to the Supreme Court Dobbs decision, in depth by state.

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NY Bill to Reduce Temp Agency Staff in Nursing Homes on Governor’s Desk
December 21, 2023 | Jeffrey Ehrhardt | Health Services | Elder Law

Update: Governor Hochul signed this law (S.6897/A.7328) on December 22, 2023, following the publication of this article. The Governor’s press release can be found here.

A law that would incentivize reductions in the use of temporary staffing agencies in nursing homes awaits action by Governor Hochul, who must either sign or veto the law by December 23.

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New York and Connecticut Prohibit Geofencing near Health Care Facilities
October 13, 2023 | Frank P. Izzo | Jeffrey Ehrhardt | Health Services | Privacy, Data & Cyber Law

New York State and Connecticut have recently enacted laws that prohibit “geofencing” near health care facilities. The New York State law took effect on July 2, 2023, and Connecticut’s on October 1, 2023. These geofencing laws, enacted partly in response to the Supreme Court Dobbs decision (to prevent advertisers from targeting people receiving reproductive services),

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Due Diligence: A Critical Component of any Transaction
September 6, 2023 | Benjamin P. Malerba | Douglas E. Menikheim | Sean N. Simensky | Dental Practice Counseling | Health Services | Corporate

In our previous article, we detailed the role and importance of the letter of intent (LOI) in establishing a framework for selling a dental practice. Now we will discuss the next step in the transaction – performing due diligence.

Due diligence is the process through which each party evaluates the other party(ies) to determine whether

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Letters of Intent – Negotiating the Framework of Your Transaction
July 27, 2023 | Benjamin P. Malerba | Douglas E. Menikheim | Sean N. Simensky | Dental Practice Counseling | Health Services | Corporate

In our last installment, we discussed some of the initial steps involved in the process of selling a dental practice, including preparing your practice for sale and finding a potential suitor. Specifically, we described ways in which sellers can find potential buyers and work with advisors and brokers to evaluate the best fit. In this

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Contemplating Selling Your Practice? Consider These First Steps
June 26, 2023 | Benjamin P. Malerba | Douglas E. Menikheim | Sean N. Simensky | Corporate | Dental Practice Counseling | Health Services

In our last installment, we discussed that the dental services industry has undergone large-scale consolidation in recent years, primarily driven by Dental Services Organizations (DSOs) and private investors. We described what a DSO is and why it is a prevalent vehicle through which private investors are seeking to consolidate the dental services industry. We also

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