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.
The Centers for Medicare and Medicaid Services (CMS) announced that Performant Recovery, Inc., New York’s Medicare Fee-for-Service Recovery Audit Contractor (RAC) for Region 1, can begin recovery audit activity now that provider outreach is complete. Region 1 includes the following groups of states: J8, WPS: Michigan and Indiana; J15, CGS: Ohio and Kentucky; JK, NGS: New […]
This month’s column in the Albany County Bar Association Newsletter addresses the rise of individuals playing Pokémon GO in healthcare facilities and the issues that healthcare facilities should consider to address the rising trend.
Recently, the Counsel of OASAS, Robert Kent, sent a memorandum to all providers regarding Justice Center incident reporting policies and procedures for all OASAS providers. OASAS has also published a guidance document for incident reporting to the Justice Center under Part 836 of the OASAS regulations. Many OASAS providers have a process and procedure whereby […]
Today, New York Governor Andrew Cuomo announced that $50 million in funding from the state’s Expanded In-Home Services for the Elderly Program has been awarded to the state’s county-based Area Agencies on Aging for the purpose of helping New York’s senior citizens to obtain home health care services. The press release states that the funding “will […]
In a decision that is poised to have resonating implications for health services providers, the Supreme Court of the United States explicitly endorsed the “implied false certification theory of liability” under the False Claims Act (FCA) in Universal Health Services, Inc. v. U.S. ex rel. Escobar. Under this theory of liability, any person who submits […]
Class actions for damages resulting from a data breach are difficult to succeed upon unless there is an identifiable harm. Once again a court has determined that the mere loss of data is not sufficient to confer standing (Chambliss v. CareFirst, Inc., No. RDB-15-2288 [D. MD., May 27, 2016]). With the decision in Chambliss, Maryland […]
Rural healthcare providers that seek funding for capital expenditures, equipment, vehicles, or telemedicine infrastructure for their programs should make themselves aware of special funding opportunities through the United States Department of Agriculture. The three programs of immediate interest to rural healthcare providers are: (1) the Community Facilities Direct Loan & Grant Program; (2) the Community […]
The HHS Office for Civil Rights (OCR) just announced that its Phase 2 HIPAA audit program has started and that covered entities and business associates are already being contacted. You can find this announcement here. OCR has begun sending emails to verify contact information for various covered entities and business associates and determine which entities […]
In an earlier post, we highlighted that the federal Substance Abuse and Mental Health Services Administration (“SAMHSA”) submitted a proposed rule for public comment in the February 9, 2016 edition of the Federal Register, see 81 FR 6988, proposing a number of changes to 42 CFR Part 2 (“Part 2”), the federal regulations governing the […]