RECENT HEALTH LAW NEWS


Proposed Physician Fee Schedule Includes Expanded Telehealth Reimbursement
July 15, 2021 | Eric D. Fader | Behavioral Health | Legislation and Public Policy | Medicare and Medicaid | Telehealth
The proposed 2022 Medicare Physician Fee Schedule, released on July 13 by the Centers for Medicare & Medicaid Services (CMS), includes expanded reimbursement for behavioral health services delivered by telehealth, including reimbursing providers for audio-only telephone calls. The proposed expansion would allow Medicare beneficiaries with mental health or substance abuse disorders to receive diagnosis, evaluation …
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NPDB Reporting Protected by Law in Some Cases, Gray Areas Problematic
July 8, 2021 | Rivkin Rounds Staff | Hospitals | Legislation and Public Policy | Litigation
An article in the July issue of Hospital Peer Review, “NPDB Reporting Protected by Law in Some Cases, Gray Areas Problematic,” discussed hospitals’ obligations to report doctors to the National Practitioner Data Bank (NPDB) and their protection against liability for doing so. Rivkin Radler’s Chris Kutner was quoted extensively in the article. “In the matters …
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Compounding the Fraud: Questionable Billing by Pharmacies
July 6, 2021 | Rivkin Rounds Staff | FDA | False Claims Act | Fraud and Abuse | Litigation | Medicare and Medicaid | Pharmaceuticals
Rivkin Radler partners Evan Krinick and Michael Sirignano authored an article, “Compounding the Fraud: Questionable Billing by Pharmacies,” in the July 6 issue of the New York Law Journal. The article discussed the U.S. Department of Justice’s continued concern over fraudulent claims for reimbursement to federal healthcare programs for compounded prescription drugs. …
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The Impact of Stark Law and AKS Changes on Compliance in Real Estate Transactions
July 6, 2021 | Rivkin Rounds Staff | Fraud and Abuse | Legislation and Public Policy | Medicare and Medicaid
On Wednesday, July 7, in the next installment of the firm’s Healthcare Compliance Lunch & Learn series, Rivkin Radler attorneys Benjamin P. Malerba and Ada Janocinska will discuss key compliance considerations under the federal Anti-Kickback Statute (AKS) and Stark Law as they relate to real estate transactions.  The presentation will provide: • An overview of …
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OIG: Hospitals Need to Improve Oversight of Cybersecurity for Networked Medical Devices
June 29, 2021 | Eric D. Fader | Cybersecurity | Electronic Health Records | Hospitals | Legislation and Public Policy | Medical Devices and Wearables | Medicare and Medicaid
On June 23, the Department of Health and Human Services Office of Inspector General (OIG) posted on its website an Issue Brief entitled “Medicare Lacks Consistent Oversight of Cybersecurity for Networked Medical Devices in Hospitals.” According to the OIG, the Centers for Medicare & Medicaid Services should amend interpretative guidelines or other nonbinding guidelines, or …
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NY Telehealth Waivers End
June 25, 2021 | Eric D. Fader | Legislation and Public Policy | Telehealth
New York’s State Disaster Emergency declaration, which had been extended through June 24 through a series of Executive Orders by Gov. Andrew Cuomo, has expired. Among many other things, the Executive Orders had removed certain restrictions on the provision of telehealth services. For example, since March 18, 2020, Gov. Cuomo’s Executive Order No. 202.5 had …
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COVID-19 and Legal Chaos Dent CBD Market
June 17, 2021 | Rivkin Rounds Staff | Cannabis | FDA | Legislation and Public Policy
Rivkin Radler’s Marc Ullman was quoted in the NutraIngredients-USA article, “COVID-19 and legal chaos dent CBD market – but Congress and a stronger economy offer hope.” The article discusses the state of the CBD market amid the COVID-19 pandemic and legal battles. “The market is a mess and the FDA doesn’t want to clean up the mess …
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Sham Speaker Fees Lead to Jail Term
June 17, 2021 | Eric D. Fader | False Claims Act | Fraud and Abuse | Litigation | Pharmaceuticals
On June 16, Jeffrey Goldstein, a former Manhattan physician, was sentenced to 57 months in prison for taking $196,000 in kickbacks from Insys Therapeutics, a defunct Arizona-based opioid manufacturer. Goldstein pled guilty to conspiracy in 2019 for accepting purported “speaker fees” from Insys in 2013-15 to prescribe the company’s fentanyl spray, Subsys. Goldstein was one …
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OCR’s HIPAA Right of Access Initiative Continues
June 11, 2021 | Eric D. Fader | Electronic Health Records | HIPAA | Legislation and Public Policy | Litigation
The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) has pursued its HIPAA Right of Access Initiative since 2019. OCR’s 19th settlement under the initiative, with The Diabetes, Endocrinology & Lipidology Center, Inc. (DELC), curiously resulted in only a $5,000 fine. The West Virginia provider treats patients who have endocrine disorders. …
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Acting Medicaid IG Frank Walsh Shares Agency’s Priorities
June 2, 2021 | Robert Hussar | Ashley (Osadon) Algazi | Fraud and Abuse | Legislation and Public Policy | Medicare and Medicaid
On May 13, 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 care …
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