Comptroller: NYSDOH Leaves $95 Million of Drug Rebates on the Table

This week, the New York State Comptroller, Thomas P. DiNapoli, issued audit findings which claimed that the New York State Department of Health (“DOH”) failed to capture $95,100,000 in prescription drug rebates it was eligible to receive on drugs administered through the New York State fee-for-service program and the Medicaid Managed Care program from April […]

CMS Solicits Comments on New Antikickback Safe Harbors

The Centers for Medicare and Medicaid Services (“CMS”) is soliciting topics for new safe harbors and special fraud alerts.  The solicitation appeared in the December 23, 2015 Federal Register, and is made each year. Interested commenters have 60 days to submit their proposals.  The solicitation may be viewed here.

Behavioral Home and Community-Based Services Delayed

The New York State has delayed implementation of Behavioral Home and Community-Based Services (“HCBS”) outside of New York City.  These new services were scheduled to begin on July 1, 2016, but are now slated to be phased in three months later, on October 1, 2016. Non-HCBS behavioral health care services will be offered through Medicaid […]

New York State Comptroller Audits Social Adult Day Programs

New York State Comptroller Thomas DiNapoli today released an audit of Social Adult Day Services (“SADS”) programs in New York State.  The audit is available here.  Among other recommendations, the Comptroller asks the New York State Department of Health and New York State Office for the Aging to consider more closely regulating these programs.

Disclosure Of Student Mental Health Records: Teachable Moment From Oregon

This month’s column in the Albany County Bar Association Newsletter reviews the situation that unfolded earlier this year at the University of Oregon.  The university, which had been put on notice of a tort claim by a student in connection with an alleged sexual assault,  controversially obtained the treatment records of the same student from an on-campus […]

ESPN, JPP, and HIPAA: CAN REPORTERS BE LIABLE FOR REVEALING PROTECTED HEALTH INFORMATION?

With the NFL season opener just a few hours away, the arrival our most recent Health Law column in the Albany County Bar Association Newsletter is timely as it explores the reporting of New York Giants star Jason Pierre-Paul’s amputated finger and analyzes whether media organizations can be liable for violations of a person’s health […]

Beware of Broadening Data Security Requirements – A National Trend

In the wake of some of the largest data security breaches in history, including the massive breach of government computer systems in June that compromised the sensitive information of 21.5 million people, several states have recently amended their current data security laws.  The recent amendments will likely give data security statutes more bite by providing […]

Update: Court Denies Motion to Dismiss Federal Case and Identifies When 60-day Clock for Repayment of Overpayments Begins Ticking

On August 3, 2015, Judge D.J. Ramos of the Southern District of New York denied Healthfirst’s motion to dismiss the United States’ action under the False Claims Act (FCA) and the related state action.  Healthfirst contended in its motion that the government failed to sufficiently plead the case.  Notably, in denying this motion, the court […]

A Boston hospital pays when its employees neglect HIPAA

After two investigations by the United States Department of Health and Human Services, Office for Civil Rights (“HHS”), St. Elizabeth’s Medical Center, a Boston-based hospital, has agreed to a Resolution Agreement with HHS. The Resolution Agreement appears to settle two apparently unrelated HIPAA issues at the same facility in 2012 and 2014.