Health Services


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 https://www.health.ny.gov/health_care/medicaid/program/update/2021/no07_2021-06_covid-19_telehealth.htm; Governor Hochul Announces $3 Million in New Grants to Expand Access to Telehealth across

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NY Dental Hygiene Bill Expands Hygienists’ Authority to Administer Anesthesia
June 21, 2022 | Joel M. Greenberg | Health Services

Last month, New York Gov. Kathy Hochul signed into law a dental hygiene bill that allows dental hygienists to use nitrous oxide and local infiltration anesthesia to assist dentists with all dental procedures. The bill, which was originally introduced in the State Senate in May 2021, amends section 6605-b of the Education Law effective immediately.

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Transitioning to a DSO: An emerging trend in orthodontic practices
May 31, 2022 | Benjamin P. Malerba | Douglas E. Menikheim | Corporate | Health Services

Over the last several years, the dental services industry has become increasingly consolidated, creating significant financial opportunities for investors as well as financial and exit opportunities for dentists. This consolidation has been driven in large part by Dental Services Organizations (DSOs) formed by dentists and/or private financial investors (e.g., private equity) through the acquisition of

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

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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