The New York State Department of Health (DOH) recently issued Dear Administrator Letter DRS 26-05 announcing the release of an updated Nursing Home Incident Reporting Manual. Nursing home operators should review the updated manual to confirm that their incident
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Rivkin Radler is a law firm serving clients primarily in New York and New Jersey. The firm provides legal services across a broad range of practice areas including corporate law, bankruptcy, commercial litigation, elder law, health services, insurance coverage, intellectual property, labor and employment, medical malpractice defense, privacy and cyber law, real estate, tax, trusts and estates, and white collar compliance. Their publications and blog posts focus on legal updates, regulatory changes, compliance issues, and practical guidance relevant to these fields. The firm addresses topics such as healthcare fraud enforcement, corporate transparency, HIPAA compliance, and tax considerations, reflecting their engagement with both individual and business legal matters.
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National Fraud Enforcement Division Issues Guidance for Corporate Fraud Enforcement
On October 1, Assistant Attorney General Colin M. McDonald issued a memo on “Corporate Enforcement in the Fight Against Fraud” (the “Memo”), announcing an “all-tools approach to investigating and prosecuting our health care, government, tax, and trade fraud priorities.”[1]…
$500 Million Fraud Case Highlights Continued Scrutiny of COVID-19 Testing
The U.S. Department of Justice (DOJ) announced on September 24 that the Chief Operating Officer of Fast Lab Technologies, LLC pleaded guilty to conspiracy to commit healthcare fraud in connection with a nationwide COVID-19 billing scheme that resulted in more…
Cigna and OpenAI Collaborate on AI Support for Cancer Care
On September 23, the Cigna Group announced a collaboration with OpenAI to develop more personalized support for patients with complex conditions, initially focusing on cancer care. The initiative will integrate OpenAI’s artificial intelligence capabilities into Cigna’s clinical workflows and patient-facing…
Thinking About Borrowing from “Your” Charity? Think Again
Challenges Ahead
Earlier this month, the Fed raised the federal funds rate for the first time in three years. Inflation remains high relative to the Fed’s target rate. Energy costs continue their upward trend. The Federal deficit for the 2026…
DOJ Issues Updated Guidance Affecting FCA Prosecutions
This month, the U.S. Department of Justice (DOJ) made revisions to the Justice Manual in two areas affecting False Claims Act (FCA) prosecutions: (1) the use of sub-regulatory guidance; and (2) DOJ’s exercise of its dismissal authority.
Sub-Regulatory Guidance
One…
Second Circuit Confirms No Private Right of Action under NSA to Enforce IDR Awards
On September 17, the U.S. Court of Appeals for the Second Circuit reaffirmed that the No Surprises Act (NSA) does not provide out-of-network providers with a private right of action to enforce payment determinations issued through the independent dispute resolution…
National Fraud Enforcement Division Makes Home Care Fraud a Priority
In August, Assistant Attorney General Colin McDonald issued a memorandum (the “Memo”) announcing the enforcement priorities of the National Fraud Enforcement Division (also known as NFED), which the U.S. Justice Department (DOJ) established in April of this year.[1] …
“Stop Corporate Takeovers of Physicians Act”: Federal Bill Targets Corporate Control of Physician Practices and MSO Arrangements
A newly introduced federal bill aimed at prohibiting the corporate practice of medicine, titled the “Stop Corporate Takeovers of Physicians Act,” was introduced on September 16 by several Democratic lawmakers in the Senate and House. The bill would…
11th Circuit Court of Appeals Joins Sister Circuits in Holding FCA Constitutional
Earlier this month, the 11thh Circuit Court of Appeals joined the 5th, 6th, 9th and 10th Circuits in holding that the qui tam provisions of the False Claims Act (FCA) do not violate the Appointments Clause of the United States…