On January 15, 2019, Governor Andrew Cuomo delivered his 2019 State of the State Address. Part of his address centered on the legalization of recreational marijuana in New York State.
The Cannabis Regulation and Taxation Act was introduced as
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.
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2019 Executive Budget Expands OMIG Oversight Authority
Since the advent of the Medicaid managed care program there has been a lingering question as to when a Medicaid dollar stopped being a Medicaid dollar.
With fee-for-service providers that were paid directly by the Medicaid program, the answer was always…
When Should the Appointment of a Patient Care Ombudsman for a Health Care Business in Bankruptcy Be Excused?
When a health care business files for bankruptcy, the appointment of an ombudsman to monitor the quality of patient care and represent the interests of the patients is required unless the bankruptcy court finds that an ombudsman “is not necessary…
Need For Discretion In Civil DOJ Cases Drives Rosenstein To Modify Yates Memorandum Individual Accountability Policy
In federal criminal investigations, corporate health care providers have faced a Department of Justice increasingly focused on individuals, one that has limited or foreclosed cooperation credit for corporations not providing complete information on all individual involvement. At a conference in…
Marijuana Regulation in New York – A Look Forward to 2019
The Compassionate Care Act has expanded and changed each year since Governor Andrew M. Cuomo signed it into law in 2014 and 2018 was no different.
Among others, one big change that was made to the Medical Marijuana Program was the…
Medicaid Providers: Don’t Forget to Include Your Annual Compliance Program Certification to Your Holiday “To-Do” List.
As New Yorkers are preparing for Thanksgiving and the official start to the holiday season (although some could argue it started a month ago), required Medicaid providers should also be reviewing their Compliance Programs in preparation to submit their Annual…
Newly Enacted Consumer Directed Personal Assistance Program Advertisement Regulation Challenged in Federal Court
As recounted in our recent analysis of the 2018-19 New York State Budget (“Enacted Budget”), the Enacted Budget included new restrictions on fiscal intermediaries participating in the Consumer Directed Personal Assistance Program (“CDPAP”) designed to prevent the dissemination of…
What Happened on Election Day – and What It Means for Healthcare Policy in New York State
As pundits continue to argue about the nature and extent of the “Blue Wave” that did or did not wash across the country this past Election Day, its impact in New York State was undeniable. What happened in New…
NY Court of Appeals Strikes Down DOH Limits On Use Of Private Funds For Executive Compensation And Upholds Limits On Use Of Public Funds
Last week, in LeadingAge New York, Inc. v. Shah, the New York Court of Appeals addressed Department of Health regulations limiting executive compensation and administrative expenditures by healthcare providers receiving state funds. The Court upheld limits related to state…
Should New York State Require Hospitals To Insure Medical Malpractice Claims?
New York State does not require hospitals to insure medical malpractice claims, either through the purchase of commercial medical malpractice insurance or the establishment of an adequately funded self-insurance program. New York has…