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 […]


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 […]

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.

New OIG Fraud Alert Focuses on Compensation of Medical Directors

The United States Department of Health and Human Services Office of Inspector General (“OIG”) issued a short Fraud Alert last week focusing on the anti-kickback implications of certain compensation paid to medical directors. OIG noted that it had recently settled with a dozen physicians who had entered into medical director positions of various health care […]

Medical Marijuana Application Deadline Pushed to June 5

The Department of Health has pushed the medical marijuana application deadline back to June 5, from May 29, according to an announcement on the Department’s website: The Department also announced that it planned to release responses to written questions previously submitted on May 21.

Medicare Reimbursement Standards Take Center Stage in Dismissal of False Claims Act Case

Our monthly Health Law Update from the Albany County Bar Association Newsletter has been released a few days early.  This month’s article discusses a Georgia federal court decision granting summary judgment to a nursing home and a rehabilitation therapy provider in a Federal False Claims Act prosecution that alleged the unnecessary provision of rehabilitation therapy services. Although the […]

Regulatory Focus on Mental Health Parity Laws

This month’s article from the Albany County Bar Association Newsletter discusses the New York Attorney General’s recent settlement with Excellus, a Rochester-based health insurer, which resulted from an investigation into complaints from consumers that Excellus was improperly denying claims for mental health and substance abuse treatment.  The article also includes a brief overview of New […]

Seventh Circuit Decision Highlights Scope of Anti-Kickback Statute

This month’s article from the Albany County Bar Association Newsletter offers brief summary of the recent decision in U.S. v. Patel, in which a physician was found to have violated the federal Anti-Kickback statute for an improper referral scheme with a home health agency, even though he did not actively divert patients to other providers. The […]