RECENT HEALTH LAW NEWS

The Federal Trade Commission (FTC) recently issued guidance entitled “Collecting, Using, or Sharing Consumer Health Information? Look to HIPAA, the FTC Act, and the Health Breach Notification Rule.” The guidance points out that while businesses that collect, use, or share consumer health information are (or should be) accustomed to complying…
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Telehealth Awareness Week
September 15, 2023 | Eric Fader | Telehealth

The American Telemedicine Association (ATA) has announced that its third annual Telehealth Awareness Week will take place September 17-23, 2023. The official website for the event states: “During the week, the ATA invites telehealth solution providers, hospital systems and medical practices, patient advocacy leaders, policymakers, and other stakeholders to highlight…
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You can ‘fire’ patients for just cause, but hew to a clear policy
September 15, 2023 | Rivkin Rounds Staff | Hospitals | Legislation and Public Policy

An August 24 article in Part B News, “You can ‘fire’ patients for just cause, but hew to a clear policy,” explained how healthcare providers can legally and ethically refuse service to a patient. Rivkin Radler partner Frank Izzo was quoted in the article. Although healthcare facilities usually get into…
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NYS DOH Provides Overview of Material Transaction Reporting
September 08, 2023 | Jeffrey Ehrhardt and Benjamin Malerba | Legislation and Public Policy

The New York State Department of Health has published a webpage regarding Public Health Law (PHL) Article 45-A. In our prior post, we discussed how PHL Article 45-A requires health care entities involved in material transaction(s) to provide written notice and information to DOH at least 30 days prior to…
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Kaiser and Janocinska Author ABA Book on the Federal AKS and Safe Harbors
September 07, 2023 | Rivkin Rounds Staff | Fraud and Abuse | Legislation and Public Policy | Medicare and Medicaid

The American Bar Association has published the second edition of “The Federal Anti-Kickback Statute and Safe Harbors: A History and Practice Guide.” Written by Geoffrey R. Kaiser and Ada Janocinska, the book is a comprehensive reference for one of the nation’s most commonly cited, investigated and enforced health care fraud…
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Due Diligence: A Critical Component of any Transaction
September 06, 2023 | Benjamin Malerba, Douglas Menikheim and Sean Simensky | Dentistry

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…
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On Thursday, September 14, in the next installment of Rivkin Radler’s Healthcare Compliance Lunch & Learn series, Rivkin Radler partner Eric D. Fader will present an update on the regulatory landscape for the provision of telehealth services, including recent changes to federal and state laws and rules. The program will…
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On August 18, the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) published an Advisory Opinion warning that a common arrangement under which surgeons profit from referrals of their patients for intraoperative neuromonitoring (IONM) services can violate the federal Anti-Kickback Statute (AKS). The Advisory Opinion, the…
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The U.S. Attorney’s Office for New Jersey recently announced that Alexander Schleider of Lakewood pleaded guilty to wire fraud and conspiracy to commit healthcare fraud in a durable medical equipment (DME) kickback scheme. Schleider owned and operated several DME companies that provided orthotic braces to beneficiaries of Medicare and other…
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On September 14, Rivkin Radler’s Jeff Kaiser will participate on a panel at Practising Law Institute’s Life Sciences 2023: Navigating Legal Challenges in Drug and Device Industries program in New York City. Held at PLI’s New York Conference Center at 1177 Sixth Avenue, the program will cover the explosive growth…
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New York State Attorney General Letitia James recently announced that the owner and manager of Santiago Pharmacy in Flushing, Queens, were indicted for paying kickbacks to Medicaid recipients in exchange for filling their HIV prescriptions at the pharmacy. Juan Poveda, the owner, and Javier Burbano, the pharmacy manager, were charged…
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Letters of Intent – Negotiating the Framework of Your Transaction
July 27, 2023 | Benjamin Malerba, Douglas Menikheim and Sean Simensky | Dentistry

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…
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Compliance Issues and Trends in Healthcare Transaction Laws
July 06, 2023 | Rivkin Rounds Staff | Legislation and Public Policy

In the next installment of Rivkin Radler’s Healthcare Compliance Lunch & Learn series, Rivkin Radler’s Ben Malerba and Jeff Ehrhardt will discuss compliance issues and trends in healthcare transaction laws. The presentation will focus on: Ben is a partner and Jeff is an associate in Rivkin Radler’s Health Services Practice…
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NJ Psychiatric Practice Fined for HIPAA Privacy Rule Violation
June 30, 2023 | Eric Fader | HIPAA | Litigation

The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) recently announced that Manasa Health Center in Kendall Park, New Jersey entered into a Resolution Agreement and Corrective Action Plan to resolve a HIPAA Privacy Rule violation. The psychiatric practice, owned by Dr. Nidagalle Gowda, inexplicably disclosed…
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Contemplating Selling Your Practice? Consider These First Steps
June 26, 2023 | Benjamin Malerba, Douglas Menikheim and Sean Simensky | Dentistry

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…
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The U.S. Department of Justice recently announced that Morris Park Nursing Home, a skilled nursing facility in the Bronx, and two individuals agreed to pay a total of $3.46 million to resolve federal Anti-Kickback Statute and False Claims Act violations. The schemes included paying cash kickbacks to a supervisor at…
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Former NY Nurse Sentenced for Fake Vax Cards
June 20, 2023 | Eric Fader | COVID-19 | Fraud and Abuse | Litigation

On June 9, Steven Rodriguez, a former nurse from Long Beach, New York, was sentenced in federal court to 2-1/2 years in prison for selling at least 300 fake COVID-19 vaccination cards. Rodriguez and a co-conspirator from Queens, Jia Liu, had pleaded guilty to the scam. Liu will be sentenced…
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Doing telehealth from home? If you’re zoned out, take steps to fix it
June 14, 2023 | Rivkin Rounds Staff | Legislation and Public Policy | Telehealth

A June 12 article in Part B News, “Doing telehealth from home? If you’re zoned out, take steps to fix it,” discussed possible local zoning restrictions on providers who render telehealth services from their homes. Khoren Bandazian, a partner in Rivkin Radler’s Real Estate, Zoning and Land Use, and Health Services Practice…
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DSO’s Computer Systems Hacked
June 08, 2023 | Sean Simensky | Dentistry | Electronic Health Records

A recent data breach involving the computer systems of Great Expressions Dental Centers (GEDC) compromised the records of more than 500 Michigan patients. GEDC operates almost 350 dental practices in 10 states, including New York, New Jersey and Connecticut, making it one of the largest dental services organizations (DSOs) in…
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In the next installment of Rivkin Radler’s Healthcare Compliance Lunch & Learn series, Rivkin Radler’s Bob Hussar and John Queenan will discuss the seventh required elements of an Effective Compliance Program: Responding to Compliance Issues. Bob is a partner in Rivkin Radler’s Compliance, Investigations & White Collar and Health Services…
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NY Amends Home Care Worker Minimum Wage
May 22, 2023 | John Diviney, John Queenan and Jeffrey Ehrhardt | Employer/Employee | Home Health | Legislation and Public Policy

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,…
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On May 2, the U.S. Attorney’s Office for the Eastern District of Pennsylvania announced that the United States has filed a complaint under the False Claims Act (FCA) against James McGuckin, an interventional radiologist. The complaint alleges that McGuckin and his affiliated entities billed Medicare and the Federal Employees Health…
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The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced on May 8 that David Mente, a Pittsburgh psychotherapist, has paid $15,000 to settle a violation of the HIPAA Privacy Rule. OCR has been pursuing its so-called Right of Access Initiative since 2019, as previously discussed…
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The U.S Attorney’s Office for the District of Connecticut announced on May 9 that Yale New Haven Health Services Corp. and Northeast Medical Group, Inc. have paid $560,718.48 to resolve federal and state False Claims Act (FCA) allegations. The hospital system allegedly submitted claims to Medicare and Medicaid for services…
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In the next installment of Rivkin Radler’s Healthcare Compliance Lunch & Learn series, Rivkin Radler’s Bob Hussar and Mary Aperance will discuss the fifth and sixth required elements of an Effective Compliance Program. They will discuss: Bob is a partner in Rivkin Radler’s Compliance, Investigations & White Collar and Health…
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NY Enacts Scaled-Back Version of Hochul’s Health Care Transactions Proposal
May 04, 2023 | Jeffrey Ehrhardt and Benjamin Malerba | Legislation and Public Policy

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…
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DSOs: An Option Dentists and Dental Practices Should Consider
May 03, 2023 | Benjamin Malerba, Douglas Menikheim and Sean Simensky | Dentistry

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…
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Second Circuit Affirms Dismissal of Therapist’s Free Speech Claim
May 03, 2023 | Joseph DiBella | Behavioral Health | Legislation and Public Policy | Litigation

In the case Brokamp v. James, the U.S. Court of Appeals for the Second Circuit on April 27 affirmed the dismissal of Elizabeth Brokamp’s suit against New York officials. The Virginia-licensed mental health counselor’s suit claiming that New York’s licensing laws violated her right to free speech was previously dismissed…
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NYS DOH Clarifies ACF Admission and Retention Standards
May 01, 2023 | Mary Aperance | Legislation and Public Policy | Nursing Homes

On April 25, the New York State Department of Health (DOH) issued a Dear Adult Care Facility Administrator Letter (DACF #23-15) after it came to the DOH’s attention that some ACF operators have interpreted recent regulatory changes (discussed here) to operate as an absolute bar on the admission and retention…
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We’ll wrap up this edition of Fraud Week with a look at two Connecticut behavioral health providers, one bad and one very, very bad. First, Alicia Thompkins, a social worker from Hartford, pleaded guilty on April 27 to Medicaid fraud, but received only a three-year suspended jail sentence and an…
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Here’s a selection of recent healthcare frauds from New Jersey. On April 17, John Sher of Margate was sentenced to 37 months in prison and ordered to pay $2.77 million in restitution and $327,987 in forfeiture for defrauding New Jersey state and local health benefits programs and other insurers. Sher…
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Transportation fraud isn’t new, but it’s new to Rivkin Rounds. The U.S. Attorney’s Office for the Southern District of New York recently announced that Yonkers resident Julio Alvarado was sentenced to 95 months in prison for leading a scheme that billed Medicaid for fraudulent transportation claims. From 2017 to 2020,…
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To celebrate the opening of Rivkin Radler’s first Florida office, we’ll cover some recent Florida frauds. The U.S. Department of Justice (DOJ) announced on April 20 that two Miami residents, Dean Zusmer and Lawrence Alexander, were sentenced to prison for their roles in a Medicare fraud scheme. Zusmer, a chiropractor,…
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The U.S. Department of Justice (DOJ) announced on April 20 that it has brought criminal charges against 18 defendants across the U.S. for various fraud schemes related to the COVID-19 pandemic. The DOJ seized more than $16 million in cash and other proceeds from the schemes, which resulted in more…
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On the heels of New York’s Office of the Medicaid Inspector General (OMIG) releasing updated compliance requirements, the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) announced today that it will also be updating and modifying its voluntary compliance guidance documents. The OIG’s stated purpose for…
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NYS DOH Launches New Electronic Incident Reporting Form
April 19, 2023 | Mary Aperance | Legislation and Public Policy | Nursing Homes

The New York State Department of Health (DOH) issued Dear Adult Care Facility Administrator Letter (DACF) #23-02 on March 29 announcing that adult homes, enriched housing programs, and assisted living residences will have a new electronic Incident Reporting mechanism—the Drupal Survey. The Drupal Survey will replace the previous incident reporting method…
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The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced on April 11 that the Notifications of Enforcement Discretion issued under HIPAA and the HITECH Act during the federal COVID-19 public health emergency (PHE) will expire when the PHE ends on May 11. The four Notifications…
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Budget Delay Puts Cloud Over Gov. Hochul’s Healthcare M&A Regulatory Review
April 06, 2023 | Jeffrey Ehrhardt | Legislation and Public Policy

As previously discussed here, New York Governor Kathy Hochul’s proposed budget contained a bill that, if passed, would be transformative for certain healthcare transactions. Gov. Hochul’s proposal was dropped from both one-house budgets proposed by the New York State Senate and Assembly. While its passage appears unlikely, the final budget…
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In the next installment of Rivkin Radler’s Healthcare Compliance Lunch & Learn series, Rivkin Radler’s Bob Hussar will discuss the third and fourth required elements of an Effective Compliance Program: Bob is a partner in Rivkin Radler’s Compliance, Investigations & White Collar and Health Services practice groups. The program will…
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The U.S. Department of Justice (DOJ) recently announced a settlement with a Missouri neurosurgeon and his fiancée regarding alleged violations of the False Claims Act (FCA) and Anti-Kickback Statute (AKS). The parties agreed to pay $825,000 to settle the case. The neurosurgeon and his fiancée were accused of receiving impermissible…
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An article in the March 20 issue of the Report on Medicare Compliance, “New NYS Compliance-Program Requirements May Be Useful Everywhere as a ‘Fresh Look,’” discussed the final compliance and self-disclosure regulations released by the New York Office of Medicaid Inspector General (OMIG) on December 28. Rivkin Radler’s Bob Hussar was quoted…
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Ullman breaks down FTC’s recent Health Products Compliance Guidance
March 23, 2023 | Rivkin Rounds Staff | Legislation and Public Policy | Medical Devices and Wearables

Rivkin Radler’s Marc Ullman spoke with Stephen Daniells, Editor-in-Chief of Nutraingredients-USA, for the March 22 article, “Ullman breaks down FTC’s recent health products compliance guidance.” Sign up to receive Rivkin Rounds at www.RivkinRounds.com. Continue Reading
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The taxman cometh: File wisely, secure the most from practice deductions
March 23, 2023 | Rivkin Rounds Staff | Tax/IRS

A March 13 article in Part B News, “The taxman cometh: File wisely, secure the most from practice deductions,” discussed tax tips for medical practices. Rivkin Radler’s Lou Vlahos was quoted in the article. Lou discussed, among other topics, the common advice to practice owners that they should consider employing family…
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The Prohibition against the Corporate Practice of Medicine: Alive and Well and on the Government’s Radar
March 23, 2023 | Jeffrey Ehrhardt | Legislation and Public Policy | Litigation

A law in New York Gov. Kathy 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…
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Westchester DA Brings Charges for Unlicensed Dental Practice
March 23, 2023 | Sean Simensky | Dentistry | Fraud and Abuse | Litigation

The Westchester District Attorney’s office announced on March 17 that it has charged Cesar Masso, a 78-year-old Queens resident, with illegally practicing dentistry without a license. Masso operated a dental practice in White Plains under the name East Post Dental, performing professional services including extractions, examinations, and delivering anesthetics, and…
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