Health Services

Acting Medicaid IG Frank Walsh Shares Agency’s Priorities
June 1, 2021 | Robert Hussar | Ashley (Osadon) Algazi | Health Services | Compliance, Investigations & White Collar

On May 13, 2021, Rivkin Radler Partner, and former OMIG First Deputy, Robert Hussar kicked off Rivkin Radler’s new Healthcare Compliance Lunch and Learn Series. He interviewed Frank T. Walsh, Jr., who offered his first public comments since assuming his role as Acting NYS Medicaid Inspector General (pending State Senate confirmation).

Mr. Walsh provided health

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NYS Legalizes Gestational Surrogacy: Changes for Health Care Providers
April 7, 2021 | Wendy Hoey Sheinberg | Health Services

On February 16, 2021, the Governor enacted the Child-Parent Security Act (“the Act”) through emergency regulations, legalizing compensated gestational surrogacy in New York State.

With gestational surrogacy, a surrogate gestates an embryo for the intended parents. The embryo may contain the genetic material of the intended parents or donor gametes. Traditional surrogacy, where the surrogate

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Criminal Prosecution Power of Justice Center Limited by NYS Court of Appeals
April 2, 2021 | Robert Hussar | John F. Queenan | Health Services

On March 30, 2021, the New York Court of Appeals dealt a blow to the prosecutorial power of the Justice Center for the Protection of People with Special Needs (“Justice Center”).  The Court, in People v. Viviani, et. al.[1], held that the statute providing for the organization of the Justice Center, Executive Law § 552,

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AOT Orders a Useful Tool during COVID Pandemic
January 5, 2021 | Frank P. Izzo | Health Services

The pandemic has prompted the reallocation of hospital beds from psychiatric care to treatment of COVID patients. This has occurred as mental illness has been on the rise. To cope with the insufficient number of psychiatric beds, it is important for hospitals to curtail readmissions. An often-underutilized tool to do so is the assisted outpatient

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NY Updates Guidance for Visiting Loved Ones in Skilled Nursing Facilities
December 18, 2020 | Wendy Hoey Sheinberg | Health Services | Trusts & Estates

Spending time with family is always important, especially during the holiday season. The holidays are different this year, due to the pandemic, and spending time with loved ones in skilled nursing facilities requires additional planning.

In response to recent spikes in Covid-19 cases in skilled nursing facilities, the New York Department of Health in November

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New AKS Safe Harbors Finalized
December 3, 2020 | Geoffrey R. Kaiser | Health Services | Compliance, Investigations & White Collar

The Office of Inspector General, Department of Health and Human Services (OIG) has finalized new safe harbors and modifications of existing safe harbors under the federal Anti-Kickback Statute (AKS) to reflect a policy priority favoring a value-based health care system that “pays for health and outcomes” and that will “remove potential barriers to more effective

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Best Practices for Virtual Court Hearings in Hospitals
November 18, 2020 | Health Services

The COVID-19 pandemic has had another, less-discussed effect on hospitals. Hearings that traditionally take place in hospitals – such as guardianships, retention, medication over objection, or assisted outpatient hearings – have shifted to a virtual platform.

Below are some considerations for hospital personnel participating in virtual hearings.

(1) Familiarize yourself with the technology

Due to

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Significant Changes to Simplify the OMIG Annual Compliance Certification Process
November 10, 2020 | Ashley (Osadon) Algazi | Joseph P. DiBella | Health Services

The New York State Office of the Medicaid Inspector General (OMIG) instituted changes to its annual compliance certification process, effective immediately. These changes apply to those Medicaid, Managed Medicaid, and Service Bureau providers subject to the mandatory compliance program requirements in Section 363-d of the New York State Social Services Law (SSL) and the Deficit

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New Executive Orders Aid OPWDD Facilities amid COVID-19
May 18, 2020 | John F. Queenan | Health Services | Compliance, Investigations & White Collar

In our prior bulletin, we discussed the likely lack of civil immunity from Justice Center enforcement actions conferred in other contexts by Executive Order 202.10. However, other Executive Orders provided some relief in the form of certain suspended or waived requirements applicable to facilities licensed by the Office of People with Development Disabilities (OPWDD).


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Kaiser Authors Article for Law360 on False Claims Act
May 13, 2020 | Geoffrey R. Kaiser | Compliance, Investigations & White Collar | Health Services

False Claims Act, Medical Necessity and Government Regulation of Medicine

In recent years, much attention has been paid to what makes a claim “false” under the False Claims Act (“FCA”) when the underlying misconduct is based on the alleged lack of medical necessity for the services provided.  Bearing on this issue are Court of Appeals

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