Medicaid Compliance Plans and the OMIG

As you may be aware, the New York State Office of the Medicaid Inspector General (or “OMIG”) has established that certain Medicaid providers (all Public Health Law Article 28 and 36 facilities, and all Mental Hygiene Law Article 16 and 31 facilities) have Medicaid Compliance Plans.  Also covered are providers that derive a “substantial portion […]

OSC Identifies $57 Million in Medicaid Overpayments and Missed Savings

On July 24, 2012, the office of the New York State Comptroller (“OSC”)  released the results of three separate audits which identified  a total of $33 million in Medicaid overpayments made by the New York State Department of Health (“DOH”) and an additional $24 million in missed drug rebate savings. One audit found that,  between […]

Legal Hurdles Mount for Lab Corp and Quest

The U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) recently released their Annual Report for Fiscal Year 2011 under the Hart-Scott-Rodino Antitrust Act. In brief, the Hart-Scott-Rodino Act allows the DOJ and FTC to block transactions believed to be harmful to competition and consumers. The Annual Report reviews the enforcement activities undertaken by these […]

New York City and Long Island Prosecutors Announce Prescription Drug Initiative; 98 Charged with Illegal Distribution of Prescription Pain Killers

On June 6, 2012, The United States Attorney for the Eastern District of New York, along with District Attorneys from  Kings (Brooklyn), Richmond (Staten Island), Nassau, Queens, and Suffolk counties, announced the filing of drug trafficking charges across separate cases in those jurisdictions.  In total, 98 defendants, including two doctors and one nurse practitioner were charged with illegal […]

Recent Trial Signals Possible Law Enforcement Focus on Prescription Medications

A recent criminal trial involving a retail pharmacist in New York City may signal a possible area of law enforcement priority with regard to health care fraud and abuse. O&A attorneys Richard Harrow (lead counsel) and David Nardolillo represented the defendant in People v. Alcindor, a retail pharmacist charged with multiple counts of Grand Larceny […]

O&A Clients Receive Favorable Results in Recent Ethics Proceedings

Two O’Connell & Aronowitz clients, both former public officials, recently received favorable decisions in separate matters in which each was charged with violations of various ethics laws and codes. O’Connell & Aronowitz partner Jeffrey J. Sherrin, Esq., represented the former budget director of the New York State Theater Institute in hearings in front of the […]

Department of Justice & HHS Announce Record Recoveries in 2011

On February 14, 2012, the Department of Health and Human Services (HHS) and the Department of Justice (DOJ) published a Report (a copy of which can be found here) touting recoveries of “[a]pproximately $4.1 billion stolen or otherwise improperly obtained from federal health care programs” in fiscal year 2011. This announcement was accompanied by a […]

CMS Proposes Rule to Make Medicare Data Available for Public Reports About Providers

The Patient Protection and Affordable Care Act (“PPACA”) requires that “standardized extracts” of Medicare claims data be made available to “qualified entities” in connection with their preparation of reports evaluating the performance of providers.  Since this information is now “required by law,” these disclosures are allowed under the Health Insurance Portability and Accountability Act’s Privacy […]

Introducing the Health Law Sidebar

Welcome to the Health Law Sidebar, the official blog of the O’Connell and Aronowitz Health Law Department. The Health Law Sidebar will provide you with the latest regulatory and statutory updates from the industry, and will also highlight news items of interest across the healthcare field. Thank you for your interest, and we hope you enjoy […]