This month’s column in the Albany County Bar Association Newsletter addresses the emergency regulations issued by the NYS Department of Health declaring certain health care facilities eligible to become a ‘designated caregiver’.
The Court of Appeals issued a decision in September in Meyers v. Schneiderman, 2017 NY Slip Op 06412, 2017 N.Y. Lexis 2557 (2017), that asked whether there was a New York constitutional right to “aid-in-dying”. It has been well-established that individuals have the right to refuse unwanted medical treatment. This recognition was more firmly established […]
New York’s highest court recently heard arguments in a challenge to the state’s physician-assisted suicide ban. The Court of Appeals case is Myers v. Schneiderman. The challenge, which follows two lower-court findings against plaintiffs on a motion to dismiss, seeks to overturn two separate provisions of the Penal Law. First, it challenges a provision of […]
Effective January 1, 2018, federal law requires that all Medicaid Managed Care Network providers, as well as all Children’s Health Insurance Program providers, enroll with state Medicaid programs. For example, this applies to a provider that currently participates in a network with a New York State Medicaid managed care plan that provides services to, or […]
As of April 23, 2017, Medical Answering Services, LLC (MAS) will serve as the Medicaid transportation manager for the New York City region. This region includes New York, Kings, Richmond, Queens, and Bronx counties. MAS currently serves 2,000,000 Medicaid enrollees in 55 counties in the Hudson Valley, Finger Lakes, Northern New York, and Western New […]
The United States Department of Justice (“DOJ”) reported that it obtained over $4.7 billion in civil settlements and judgments involving federal False Claims Act fraud and abuse claims against the government in 2016. This is the third highest yearly total since the False Claims Act was enacted during the Civil War to help deter fraud […]
The Department of Health and Human Services (HHS) Office of Inspector General (OIG) and the Health Care Compliance Association (HCCA) released Measuring Compliance Program Effectiveness: A Resource Guide on March 27, 2017 (“the Guide”). The Guide was created by the HCCA-OIG Compliance Effectiveness Roundtable which convened in Washington, D.C., in January 2017 to explore ways […]
On April 17, 2017, the United States Government Accountability Office (GAO) released a report about the current state of Medicaid program integrity. GAO conducted a study of the Medicaid program due to concerns about improper payments and was asked to conduct a study of the Centers for Medicare & Medicaid Services (CMS) to determine the […]
The New York State Office of the Medicaid Inspector General (“OMIG”) has released its annual Work Plan for fiscal year 2017-18. The annual Work Plan offers providers insight into OMIG’s areas of focus in the New York State Medicaid program for the upcoming year. As stated in the Work Plan, the OMIG’s overall mission “is […]
This month’s column in the Albany County Bar Association Newsletter reflects on the changes and potential changes to the health care sector under President Trump’s first 30 days.