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.
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 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.
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 […]
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 […]
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 […]
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 […]
The New York State Department of Health announced the winners of five licenses to manufacture and dispense medical marijuana today. The winners as well as the final scoring for applicants were posted to the Department of Health website, and are available here and here.
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.
In a letter to Congress, dated July 7, 2015, the majority of State Attorneys General made some noteworthy points that illustrate the differing perspectives on data breaches between states and the federal government. With Congressional passage of a federal law establishing a national data security and breach notification standard all but inevitable, 47 Attorneys General […]