Health Services


Shapiro and Ullman Author Article in Vitamin Retailer
May 1, 2018 | Health Services

Steven Shapiro and Marc Ullman co-wrote an article published in the May 2018 issue of Vitamin Retailer, the dietary supplement industry’s leading magazine.

The article focuses on the popular new dietary supplement, Kratom, its potentially hazardous effects and how the FDA is actively monitoring it.

Click here to read the article.

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OIG Report Reminds PT Service Providers to Review Billing Practices
April 16, 2018 | Geoffrey R. Kaiser | Ada Janocinska | Compliance, Investigations & White Collar | Health Services

A recent report issued by the U.S. Department of Health and Human Services, Office of Inspector General (OIG), estimates that 61% of claims submitted to Medicare for outpatient physical therapy (PT) services failed to comply with Medicare requirements. The OIG report serves as a reminder to PT providers about the importance of accurate billing and

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Warning from DoH: HIPAA Compliance Doesn’t End When a Business Closes
March 19, 2018 | Benjamin P. Malerba | Ada Janocinska | Health Services

A recent settlement between the U.S. Department of Health and Human Services, Office of Civil Rights (the Department) and Filefax, Inc. serves as a stark reminder for covered entities and business associates that their obligation to comply with the Health Insurance Portability and Accountability Act (HIPAA) does not end simply because they close their business

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Exploring Limits Of Anti-Kickback Law Employee Safe Harbor
March 5, 2018 | Geoffrey R. Kaiser | Compliance, Investigations & White Collar | Health Services

The federal Anti-Kickback Statute contains a statutory exception or “safe harbor” providing that the AKS will not apply to “any amount paid by an employer to an employee (who has a bona fide employment relationship with such employer) for employment in the provision of covered items or services.” 42 U.S.C. 1320a-7b(b)(3)(B) (emphasis added). Similarly, the parallel regulatory exception states

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2018 Bipartisan Budget Act and Stark Law Amendments
February 21, 2018 | Geoffrey R. Kaiser | Compliance, Investigations & White Collar | Health Services

On February 9, 2018, Congress passed the Bipartisan Budget Act of 2018, providing a two-year budget agreement that increases federal spending, funds disaster relief efforts, and amends a number of healthcare programs, among a host of other changes.

While the Act has broad implications for many aspects of U.S. law, one amendment in particular should

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New York Extends Time to File Malpractice Claim
| Ada Janocinska | Health Services | Medical Malpractice Defense

Governor Andrew Cuomo has signed a new law, known as “Lavern’s Law,” that extends the amount of time a patient has to file a medical malpractice claim for a missed cancer or malignant tumor diagnosis. Patients now have 2 1/2 years to file a claim from the date the misdiagnosis is discovered by the patient,

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CMS Updates Its Position on Texting Patient Information
January 11, 2018 | Health Services

Recognizing that texting has become a valuable and essential means of communication among providers, the Centers for Medicare and Medicaid Services (CMS) recently issued new guidance regarding its position on texting of patient information. The guidance clarifies that texting patient information may be permissible if certain security standards are met, but it also distinguishes between

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The Status of Telemedicine Reimbursement
December 20, 2017 | Benjamin P. Malerba | Ada Janocinska | Health Services

Benjamin Malerba, David Richman and Ada Kozicz wrote an article published in Health eSource, a publication of the American Bar Association’s Health Law Section entitled, “The Status of Telemedicine Reimbursement: States’ Efforts to Incentivize Providers to Utilize Telehealth Technologies.”

The article centers on the importance of creating legislation that will provide insurance reimbursement for telemedicine, as a means to

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Year-End Deadline for NY Medicaid Providers and Third-Party Billers
December 13, 2017 | Benjamin P. Malerba | Ada Janocinska | Health Services

New York State Medicaid providers who claim, order or receive at least $500,000 from the Medicaid Program in any consecutive 12-month period have until December 31 to certify that they have implemented a compliance program aimed at detecting and preventing Medicaid fraud, waste and abuse. This requirement also applies to third-party billing companies that bill

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Substance Use Providers Beware: New Patient Record Release Requirements
| Ashley Algazi | Health Services

Substance use treatment providers and rehabilitation centers should use caution when reviewing and approving written consents for the disclosure of substance use patient records, specifically consents authorizing disclosure to government agencies, as such requests frequently do not comply with new SAMHSA regulations.

On January 18, 2017, the Substance Abuse and Mental Health Services Administration (SAMHSA)

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