In continuing efforts to address problems exposed by the COVID-19 pandemic, on June 18, 2021, the Governor signed legislation (S.1168-A/A.108-B) into law to address an urgent public policy priority related to clinical staffing in hospitals licensed pursuant to Article 28
New York Health Law
The New York Health Law blog, published by Farrell Fritz, P.C., focuses on legal issues related to health care regulation and policy in New York State. It covers topics such as compliance with state and federal health laws, Medicaid and Medicare program developments, health equity initiatives, regulatory enforcement actions, and litigation involving health care providers and facilities. The blog also addresses matters like the Anti-Kickback Statute, False Claims Act cases, health care fraud, and administrative waivers impacting health care delivery. It provides updates on court decisions, regulatory changes, and government programs affecting health care law and policy in New York.
Latest from New York Health Law - Page 2
New York State Clamps Down on Nursing Home Revenue
In recent months, there has been a lot of attention on decisions made during the height of the COVID-19 pandemic in New York State in regard to nursing homes. Some of that attention has focused on an order issued in…
New York Doubles Down on Telehealth
As policymakers have responded to the COVID pandemic, they have implemented a variety of changes that create tremendous opportunities in the post-COVID world. Perhaps the most significant of these is in the area of telehealth. The remote delivery of healthcare…
CBD 101: Just the Facts
No matter where you look lately it seems like you can find a store selling CBD-based items or find an article discussing the medical benefits of CBD. In fact a simple Google search of the term “CBD” pulls up an…
New York Court of Appeals Rules that an Insurer May Withhold Payments to a Medical Service Corporation Improperly Controlled by Non-Physicians without A Finding of Fraud
On June 11, the New York Court of Appeals, in Andrew Carothers, M.D., P.C. v. Progressive Insurance Company, 2019 NY Slip Op 04643, decided that an insurer may withhold payment for services provided by a medical services corporation improperly controlled…
Second Circuit Holds Case Challenging Marijuana Classification As Schedule I Drug In Abeyance Pending Agency Exhaustion
Last week, in Washington v. Barr, the Second Circuit addressed a case seeking to strike down the federal government’s classification of marijuana as a Schedule I drug under the Controlled Substances Act (CSA). The Court held that plaintiffs had…
Home Health Care Aides Working Twenty-Four Hour Shifts Can Be Paid For Thirteen Hours If Employer Meets Sleep and Meal Time Requirements
Home health care aides working twenty-four hour shifts can be paid for as little as thirteen hours under certain conditions, according to a March ruling from the New York Court of Appeals in Andryeyeva v. New York Health Care, Inc…
NYS 2019-2020 Budget Does Not Provide for Recreational Marijuana Legalization
The New York State budget, which took effect yesterday to start the new fiscal year on Monday, April 1, does not include a plan for the legalization of adult recreational marijuana use. Instead, Governor Cuomo and the New York Legislature…
Is the Bankruptcy Code Provision on Disposal of Patient Records Useless?
Section 351 of the Bankruptcy Code permits a health care business in bankruptcy to dispose of patient records if it lacks sufficient funds to pay to store the records in accord with applicable state or federal law. Although section 351…
EDNY False Claims Act Overfill Decision Highlights Importance of Timely Naming All Defendants
EDNY Judge Nina Gershon analyzed several False Claims Act issues in United States ex rel. Omni Healthcare Inc. v. McKesson Corp., ruling on first-to-file, Rule 9(b), and statute of limitations issues.
Relator Omni Healthcare alleged that defendants improperly used “overfill”…