New York Department of Health (DOH) regulations provide that an adult home may not admit additional residents with serious mental illness if it has a capacity of 80 or more beds and its resident population is over 25% persons with
Latest from New York Health Law
Second Circuit Adopts At-Least-One-Purpose Rule For Anti-Kickback Statute Violations
At the end of December, the Second Circuit joined several other circuit courts in holding that a plaintiff adequately pleads an Anti-Kickback Statute (“AKS”) violation when she states with the requisite particularity that at least one purpose of the alleged
SDNY Sues Labs For Fraudulent COVID-19 Testing Under False Claims Act
The SDNY U.S. Attorney’s Office has targeted several labs and their principals for False Claims Act violations arising out of reimbursements for COVID-19 testing services. In a complaint filed on June 13, the government sued LabQ Clinical Diagnostics, Dart Medical
Second Circuit Defines “Willfulness” Standard Under Anti-Kickback Statute
Recently, in United States ex rel. Hart v. McKesson Corp., the Second Circuit clarified the standard for acting “willfully” under the federal anti-kickback statute (AKS).
False Claims Act relator Adam Hart alleged that the defendant violated the AKS by providing
CMS Approves a New 1115 Waiver Amendment: The New York Health Equity Reform (NYHER) Program
On January 9, 2024, the federal Centers for Medicare and Medicaid Services (CMS) finally approved New York State’s 1115 waiver amendment to establish the New York Health Equity Reform (NYHER) Program. That application, which is the successor to the state’s Delivery
Healthcare Policy in 2024: What’s Next?
As we head into a new calendar year, in the healthcare space it is worth reflecting on the events of the last few years, as a means of predicting what is likely to come. Last year, the focus in healthcare
Supreme Court To Hear Argument Addressing Doctors’ Good Faith Defense To Pill Mill Prosecutions
The Supreme Court will hear argument next week in two consolidated cases that will decide what standard applies when a doctor asserts a good faith defense to a criminal prosecution for unlawful drug distribution. The argument on Tuesday, March 1,
CANNABIS IN NEW YORK STATE: JUST THE FACTS
On March 31, 2021, Governor Andrew Cuomo signed the Marihuana Regulation & Taxation Act (MRTA) legalizing adult-use cannabis in New York State. In doing so, New York became the 15th state in the United States to legalize cannabis use.
As
Northwell Loses Bid For COVID-19 Insurance Coverage
SDNY Judge Jed Rakoff rejected Northwell Health’s bid for insurance coverage for its increased costs and business losses related to the COVID-19 pandemic in a recent decision. As the COVID-19 pandemic unfolded, Northwell was inundated with new patients, had
New York Establishes an Opioid Settlement Fund
By legislation enacted last month, on June 9, 2021, amending the New York Finance Law, Mental Hygiene Law and Executive Law, New York State established an opioid settlement fund (“OSF”). Finance Law §99-nn(1). The purpose of the OSF and the