Health & HumanServices Providers

• Served as counsel to a direct support professional of a developmental disabilities provider that, after an investigation by the NYS Justice Center for the Protection of People With Special Needs, was the subject of a substantiated finding of Category 2 physical abuse. After the client’s request for an amendment of the substantiated finding was denied, we requested a hearing before an Administrative Law Judge. Two days before the matter was to go to hearing, the Justice Center’s Administrative Appeals Unit amended the finding to unsubstantiated.

• Served as counsel to a direct support professional of a developmental disabilities provider that, after an investigation by the NYS Justice Center for the Protection of People With Special Needs, was the subject of a substantiated finding of Category 1 serious physical abuse and Category 2 neglect. Filed a request for an amendment of the substantiated findings, resulting in the Category 1 claim being dropped and the Category 2 neglect being reduced to Category 3 neglect. After requesting a hearing before an administrative law judge, a few days before the matter was to go to hearing, the Justice Center’s Administrative Appeals Unit amended both of the findings to unsubstantiated.

• Represented a not-for-profit outpatient mental health facility in its petition to the attorney general to transfer substantially all of its assets to another not-for-profit corporation.

• Represented a psychiatry practice in its formation and organization of a NYS professional service limited liability company.

• Represented an optometry practice during its transition to a successor and preparation of the related practice transfer agreement and record transfer agreement.

• Represented a dentist in the sale of his dental practice, associated assets, and office real property.

• Acted as outside counsel to a not-for-profit development disability health care provider in its transfer of assets to another provider.

• Represented a hospital group in the sale of its large urology and radiation oncology medical practice and related real estate.

• Obtained a no probable cause determination for a behavioral health provider in a race and criminal conviction discrimination and retaliation case.

• Obtained a no probable cause determination for an addiction treatment center in a gender discrimination and retaliation case.

• Obtained a no probable cause determination for an addiction treatment center in a gender, conviction record, and parolee status discrimination case before the NYS Division of Human Rights.

• Served as counsel to a NYS Office of Alcoholism and Substance Abuse Services (OASAS) chemical-dependency treatment program in a case of first impression, creating precedent from a NYS appellate court that chemical-dependency-treatment clients who participate in licensed chemical-dependency residential treatment programs are not entitled to an eviction proceeding or substantive due process prior to discharge.

• Handled a HIPAA privacy breach for a provider involving disclosures to and settlements with the US Department of Health & Human Services Office for Civil Rights (HHS-OCR) and the NYS Attorney General. 

• Represented behavioral health care providers in their formation of a Medicaid health home.

• Represented behavioral health care providers in their formation of a Medicaid health home.

• Served as counsel in a trial in which the NYS Department of Health (DOH) and the NYS Office for People With Development Disabilities (OPWDD) were found responsible for funding the reasonable actual costs of administrative overhead in providing services under Medicaid.

• Represents an administrative data exchange in organizational planning, governance, regulatory compliance, contract negotiations, and building and implementing business-sustainability strategies.

• Represented a regional health information organization (RHIO) in developing the Statewide Health Information Network of New York (SHIN-NY), including research on cutting-edge privacy, security, and consent issues for governmental, public, and private collaborations. Continues representing the RHIO in organizational planning, governance, regulatory compliance, contract negotiations, and building and implementing business-sustainability strategies. 

• Represented a consortium of numerous not-for-profit behavioral health care providers in designing and developing a behavioral health care network intended to engage in value-based contracting under a statewide Medicaid reform initiative, including assisting with corporate governance, contract negotiations, value-based payment agreements, and data privacy issues.

• Represented a consortium of numerous local governments and not-for-profit behavioral health care providers in designing and developing a behavioral health care network intended to engage in value-based contracting under a statewide Medicaid reform initiative.

• Served as general counsel to a NY-based not-for-profit assisted living provider, including licensing all four of its client residences and helping obtain ALR, enhanced, and special-needs licensure and certification. This included drafting a winning HEAL grant application, resulting in the client receiving $3.8 million from the NYS Department of Health (DOH) to build a new assisted-living facility with enhanced capabilities. 

• Assisted a NYS care coordination organization (CCO) with health care compliance matters during its initial formation and once operational, including assisting with vendor contracting, reviewing data-use agreements and security attestations, corporate matters, HIPAA compliance and policies, and preparing a corporate compliance plan and related policies.

• Served as outside counsel to a residential health care facility operator in the $7.5 million sale of a facility and related real property.

• Served as outside general counsel to a regional pharmacy, pharmaceutical products, and long-term and assisted living consulting company in a $14 million sale of assets.

• Assisted with the restructuring of all secured and unsecured debt related to the $25 million merger of two hospitals, including redeeming and reissuing civic facility bonds, coordinating consents from the PA and NY Departments of Health, and handling all real estate and title insurance work related to financing.

• Performed all legal responsibilities related to the $225 million development, construction, and financing of a children's hospital, including negotiating and preparing all development, design, and construction contracts and preparing all loan and real property documentation related to HUD-insured mortgage financing and EB-5 financing.

• Prepared a HIPAA business associate manual for a Fortune 100 company's electronic medical record vendor and provided training.

• Designed corporate structures for an intellectual and developmental disabilities (IDD) agency to facilitate the telehealth delivery of health care services.

• Successfully challenged improper Medicaid rates for an intellectual/developmental disability (I/DD) agency that was acquired by a larger agency. 

• Represented a client in an $85 million transaction involving the sale of a large medical practice specializing in urology and radiation oncology to a captive medical practice controlled by a large regional hospital system together with all related real estate owned by entities affiliated with the practice. The real estate was purchased by a local developer and leased back to the captive practice pursuant to a master lease.

• Successfully defeated a $1.6 million liability arising from an Office of Medicaid Inspector General (OMIG) finding that an intellectual/developmental disability (I/DD) agency documentation was insufficient to support reimbursement it received for services provided.

• Served as outside general counsel to a performing provider system (PPS) in the acquisition of a Rochester-area regional health home network.

• Served as outside general counsel to a WNY behavioral health provider in its merger with a regional child and adolescent behavioral health provider and in obtaining related regulatory approvals.

• Served as outside general counsel for nursing home facilities and related sellers in a $45 million multiyear, progressive equity sale of nursing home entities and in the NYS Department of Health (DOH) regulatory approval process.  

• Representing a not-for-profit rural health care enterprise in restructuring and corporate governance matters.

• Successfully obtained dismissal of the complaint and denial of a motion for leave amend in a matter against a health services provider and individual administrator concerning an alleged delay of medical treatment where the complaint asserted claims under 42 USC 1983, Article 26 of the Massachusetts Declaration of Right, and the Massachusetts Tort Claim Act.

• Represented a provider in a disability discrimination claim brought by a former patient before the New York State Division of Human Rights. The complainant claimed the provider refused to accommodate her medical condition by making her wear a face mask due to COVID-19. After the investigation, the New York State Division of Human Rights found no probable cause to believe the patient's rights were violated.

• Represented a health care provider in an audit of patient records by an insurance company that alleged approximately $400,000 in overpayments. The insurance company rescinded its determination regarding the overpayment, and the client was not required to repay any of the alleged overpayments.

• Conducted an internal investigation of an agency's policies and procedures in handling discrimination allegations and diversity, equity, and inclusion issues at the behest of the CEO. An investigation and review were conducted and a summary was given to the CEO recommending new policies and procedures to improve diversity, equity, and inclusion efforts.

• Handled an internal sexual harassment and hostile work environment investigation for a not-for-profit agency and provided training on sexual harassment prevention.

• Represented an autism services provider being charged for allegedly violating Section 8(a)(1) of the National Labor Relations Act (NLRA) by terminating an employee in retaliation of the employee's protected concerted activities. After investigation, the National Labor Relations Board (NLRB) found no evidence of concerted activities nor animus toward individual concerns the complainant expressed about staffing and other workplace issues. The NLRB found that our client discharged the complainant because she refused to sign a performance improvement plan.

Alerts

• NYS Department of Health Issues Consumer Protection Guidance on Payments for Health Care Services
• What OMH Providers Need to Know About the Proposed Amendments to the Licensing Regulations in 14 NYCRR Part 551
• NYS Department of Health Publishes Adopted Cybersecurity Regulations for Hospitals
• Navigating New York State's Expanded Regulatory Landscape: Implications for Health Care Transactions
• Update on the Daniel's Law Task Force
• Confusion Regarding New NYS OMH Regulations for MHOTRS Providers May Present Crisis Billing Take-Back Risk
• NYS Department of Health Publishes Amended Proposed Cybersecurity Regulations for Hospitals
• CDPAP Providers Get First Look at the Future of CDPAP Without FIs
• Lab Providers Under Increased Scrutiny From Civil and Criminal Agencies for OTC COVID-19 Test Claims
• NYS Governor Hochul Announces Final RFP for New Certified Community Behavioral Health Clinics
• The New York FY 2025 Budget – CDPAP FIs Under Threat
• Updated Bulletin on Tracking Technologies in the Health Care Industry
• NYS Board of Regents Adopts Regulations on the Mental Health Diagnostic Privilege
• New Details About OPWDD Spending in the New York State FY 2025 Executive Budget
• Behavioral Health Spending in the New York State FY 2025 Executive Budget
• NYS DOH, OMH, OASAS, and OPWDD Providers: Don't Overlook This Opportunity for Technology-Transformation Funding
• CMS Approves NYS 1115 Waiver Amendment (New York Health Equity Reform)
• The New York Fiscal Year 2025 Executive Budget Takes Aim at Long-Term Care
• New York State Nursing Facilities: Important Deadline Looming for Eligible Rate Appeals
• NYS Governor Hochul Signs Legislation Prohibiting Hospitals, Health Care Professionals, and Ambulance Companies from Reporting Medical Debt to Credit Agencies
• Temporary Health Care Staffing Agencies Can No Longer Charge for Hiring Their Personnel
• OMH's New Self-Disclosure Notification Protocol: What Providers Need to Know
• OMIG's Abbreviated Self-Disclosure Process: What Providers Need to Know
• New York State Passes Law Barring Employers From Mandating Employee Attendance at Captive Audience Meetings
• NYS DOH Issues New Notice Requirement for Facility Fees
• OPWDD Adopts Regulatory Changes for the Protection of Individuals Receiving Services
• A Pride Month Reminder: Are You Compliant?
• The New York Office of Mental Health Is Creating Historic Opportunities for Housing Providers—Don't Forget About the Padavan Law!
• NYS Governor Hochul's Budget Places the Future of the CDPAP RFO in Doubt
• HHS OCR Bulletin: Health Care Providers' Websites and Apps Could Contain HIPAA-Noncompliant Tracking Technologies
• New NYS Laws Address LGBTQIA+ Health Care Disparities
• New York City Sparks Debate by Using New York's Mental Hygiene Law to Engage the Homeless Population
• OMIG's Amended Compliance Program Regulations: What Providers Need to Know
• NYS Medicaid Audit Reform Stymied: Future Improvements Promised
• NYS Submits 1115 Waiver Amendment (Health Equity Reform) to CMS
• NYS Governor Hochul Signs Bill Expanding the Decision-Making Rights of Individuals With Intellectual and Developmental Disabilities
• Board of Regents Adopts Emergency Regulations on the Mental Health Diagnostic Privilege
• Third Circuit Ruling Recognizes Due Process Claim in Favor of Drug Distributors Subjected to Quasi-Governmental Credentialing Standards
• HHS OCR Issues Guidance on the Use of Remote Communication Technologies for Audio-Only Telehealth Services
• CMS Issues FAQs on the No Surprises Rules
• NYS Executive Order 38 Sunset: NYS Agencies Begin to Repeal Regulations Governing Limits on Administrative Expenses and Executive Compensation
• NYS Department of Health Clarifies Notice Requirements for Nursing Home Establishment Applications
• OASAS Adopts Regulatory Changes to Incident Reporting Requirements
• HHS Issues New Guidance to Health Care Providers on Civil Rights Protections for People With Disabilities
• Board Members Included in COVID-19 Vaccination Mandate
• The No Surprises Act: What Does It Mean for Covered Providers?
• New York State Quietly Diverts $1.6 Billion in Federal Pandemic Funds to a Small Group of Large Home Care Providers
• Post-Brexit Update: Is Your Medical Device Ready for Great Britain in 2022?
• Louisiana Federal Judge Expands Injunction Prohibiting Enforcement of CMS Vaccine Mandate Nationwide
• NYS OPWDD Issues Vaccine Guidance to ICFs
• State and Federal Regulations Require NYS Health Care and Human Services Facilities to Implement Vaccine Mandates
• Time to HIT Back as PBMs Gain More Control of Sensitive Health Information Through Mergers
• CMS Announces Expanded Telehealth Coverage for Behavioral Health Care Services
• Federal Government Takes Aggressive Stance on Money Tied to Telehealth Services
• NYS DOH Hosts Webinar on the Availability of Funds for Residential Health Care and Other Providers
• Recent DOJ and OCR Settlement Highlights Provider Responsibilities to Deaf and Hearing Impaired Patients
• HHS OCR Issues Guidance on HIPAA and COVID-19 Vaccine Information
• NYS DOH and DASNY Announce Availability of Funds for Residential Health Care and Other Providers
• NYS DOH Issues FAQs Clarifying Parameters of COVID-19 Vaccination Mandate for Health Care Workers
• NYS Comptroller Audit Critical of OPRA Oversight, Foreshadowing Aggressive State Audit Recoveries From Providers
• American Rescue Plan Act: Initial New York State Spending Plan, New York State Then Subverts Federal Assurances
• NYS DOH Releases CDPAP Fiscal Intermediary Survey—Continues March Toward Dismantling of CDPAP Provider Network
• Home and Community-Based Services: Additional Federal and State Funding
• HHS Announces That Discrimination on the Basis of Sexual Orientation and Gender Identity Is Prohibited Under the ACA
• NYS Health and Mental Hygiene Budget Legislation Summary
• NYS Legislature Passes Legislation to Reopen the CDPAP Fiscal Intermediary Procurement Process
• Unpacking the Impact of the Newly Effective Information Blocking Rule
• NYS Senate Introduces Legislation to Reopen and Broaden Consumer Directed Home Care Procurement Process
• Legislation Proposed in the NYS Assembly Would Right the Wrongs of the Department of Health's CDPAP Fiscal Intermediary Procurement Process
• Emergency Amendment to Informed Consent Process for the COVID-19 Vaccine for Individuals in OPWDD Residential Facilities
• Delay in Stark Law Modernization
• COVID-19: NYS Attorney General Warns Against Unlawful Withholding of CARES Act Payments in Adult Care Facilities
• COVID-19: NYS Department of Health Ramps Up Citations of Adult Care Facilities Relating to Daily and Weekly COVID-19 Reports
• COVID-19: OPWDD Announces Proposed Amendments to HCBS Waiver to Take Effect on April 1
• COVID-19: CMS Gears Up for COVID-19 Vaccine Administration
• Medical Practice Pays $100,000 for Failure to Grant Timely Patient Access to Medical Records
• COVID-19: NYS OPWDD Adds Flexibility for Certain Day Service Providers After Retainer Program Termination
• Physician Convicted on HIPAA Criminal Charges
• NYS Health Care Providers Can't Charge Extra for COVID-19-Related Costs
• NYS Home Care Providers Face Uncertain Future
• COVID-19: NYS OPWDD Releases Guidance on Resuming Day Services, Home Visits, and Community Outings
• Is Telehealth Here to Stay?
• COVID-19: The Perfect Storm – How Below-Cost Reimbursement Models for OPWDD Providers Will Make a Bad Situation Worse
• COVID-19: HHS Announces Targeted CARES Act Distributions for Medicaid and CHIP Providers
• COVID-19: OPWDD Announces Proposed Amendments to HCBS Waiver to Take Effect on October 1
• Barclay Damon Health Care Litigators Secure Injunctive Relief for NYS Provider Hit With Retroactive Recoupment During COVID-19
• COVID-19: OPWDD Updates Billing Guidance for Certain Providers
• COVID-19: NYS Health Care Facilities See Uptick in Investigations, Compliance Reviews
• COVID-19: NYS Governor Cuomo Reverses Nursing Home Admission and Readmission Policy; Requires Immediate Plan for Employee Testing in Nursing Homes, Adult-Care Facilities
• COVID-19: IRS Says Employers Receiving PPP Loans May Still Claim Employee Retention Credits
• NYS Nursing Homes Must Comply with New Federal, State Requirements for Reporting COVID-19 Cases
• New Hurdles for NYS Home Health Care
• COVID-19: OPWDD Implements Retainer Program for Certain Day Services Providers
• COVID-19: DOH Publishes Guidance for Certain Medical Transportation Providers
• 2021 NYS Budget Grants Immunity to Health Care Providers During COVID-19, Shortens the Statute of Limitations for Collections, and More
• COVID-19: OCR Issues Guidance to Help Ensure First Responders, Others Receive PHI From Individuals Exposed to Virus
• COVID-19: CARES Act Makes Significant Changes to 42 CFR Part 2
• COVID-19: How the CARES Act Impacts Health Care Providers
• COVID-19: NYS DOH Releases Updated Employee Protocols for Returning to Work After Exposure, Infection
• COVID-19: DFS Instructs Insurance Issuers to Suspend Certain Requirements for Hospitals, Other Inpatient Service Providers
• COVID-19: OPWDD Releases Guidance on Returning to Work After Infection
• COVID-19: US Economic Stimulus Law Includes Employee Retention Credit for Employers
• COVID-19 Roundup #2: NYS Guidance for OASAS Providers
• COVID-19: OPWDD Relaxes Provider Compliance, Billing Requirements
• COVID-19: CDC Offers Guidance on Handling, Mitigating Exposure for Health Care Personnel
• COVID-19: OMH Releases Additional Telemental Health Guidance
• COVID-19: NYS Executive Order Temporarily Loosens Scope of Practice Restrictions on Non-Physicians, Grants Immunity, Relaxes Recordkeeping Requirements
• COVID-19: HHS-OIG Warns Public of Fraudulent Health Care Scams
• CMS Recommends Postponing Non-Essential Adult Elective Surgeries Amid COVID-19
• HHS Issues Guidance, Limited Waiver of HIPAA Sanctions and Penalties Amid COVID-19 Emergency
• COVID-19 Roundup: NYS DOH, OMH, OPWDD, and OASAS Guidance
• COVID-19 Update: Dental Office Closures
• COVID-19: Updated Visitor Restrictions in Nursing Homes and Adult Care Facilities
• COVID-19: OMH Issues Supplemental Telemental Health Guidance
• COVID-19: OPWDD Suspends All Day and Prevocational Services
• OMH Announces Regulatory Waiver for Telemental Health Amid COVID-19 Crisis
• Important Notice for CDPAP FIs That Did Not Respond to RFO #20039
• District Court Rolls Back HIPAA Patient Rate Expansion
• DOE and HHS Release Updated Joint Guidance on the Application of FERPA and HIPAA to Student Health Records
• The SHIELD Act: Update
• The SHIELD Act: A Primer for Health and Human Services Providers
• DOH Implements New Notification Protocols for Cybersecurity Incidents
• OMH Expands Telemental Services With New Regulations
• Sweeping Amendments Impact Medicaid Fraud Control Units After 40 Years
• OCR Announces Resolution of Complaint That Health Care System Denied a Heart Transplant Opportunity Based on Disability
• Broad Expansion of "Telemental" Services Proposed
• Medicare Shared Savings Program Version 2.0: Will the Carrot-and-Stick Approach Increase ACO Participation?
• Department of Health and Human Services Releases Cybersecurity Guidance and Resources Tailored to Health Industry
• OMIG Releases 2018 SSL Certification Process Webinar
• Court of Appeals Strikes Down "Soft" $199,000 Executive-Compensation Cap
• Physician's Office Fires Back at Patient Who Posted Negative Online Reviews
• New Lawsuit Alleges Improper Discrimination in Assisted Living Admission Standards for Wheelchair Users
• Premature Discharge From Hospital Can Give Rise to Multiple Legal Claims
• Providers Face Uncertainty on Fees for Copying Medical Records
• Class-Action Lawsuit Claiming Business Interruption Brought Swiftly After Ransomware Attack
• Alteration of a Medical Record Carries Serious Penalties
• End-of-the-Year Regulatory Updates for OASAS Providers
• Provider Due Process Under Fire Amid Flurry of Network Terminations
• A Second New York State Appellate Court Rejects the Department of Labor's "13-Hour Rule" and Finds That Home Care Attendants Working 24-Hour Shifts Must Be Compensated for All 24-Hours
• Health Care Compliance and Responsibilities of Boards of Directors
• State Releases Draft Application for I/DD Health Homes
• Supreme Court Upholds ERISA Exemption for Retirement Plans of Religiously Affiliated Hospitals
• Office of Alcoholism and Substance Abuse Services (OASAS) Publishes "Auto-Waiver" For Certain Providers To Reduce Admissions and Discharge Documentation Requirements When Transferring Patients
• New Proposed Rules Allow Nursing Homes To Use Pre-Dispute Arbitration Agreements
• Will State Medicaid Fraud Control Units Be Allowed To Prosecute Abuse and Neglect In All Settings?
• NPs and PAs Can Now Officially Prescribe Buprenorphine for Opiate Dependency Treatment in New York
• Erie County Takes Action Against Nursing Homes
• New York State Appellate Court Holds That Home Care Attendant's Wage Claims Arising From 24-Hour Shifts May Proceed
• More Changes Coming for New York Not-for-Profits
• Compliance Program Effectiveness: What To Measure and How To Measure It?
• New York State Department of Financial Services Finalizes Cybersecurity Regulations
• Cybersecurity Update - What to Look for in 2017
• Presidential Commission Report on Cyber Security and What it Might Mean for Your Business
• Shifting Costs to States?: Republican Medicaid Proposals Could Pop New York's Global Cap
• Wage Suit Against Hospital Highlights The Dangers Of "Auto-Docking" For Meal Breaks
• New State Opioid Abuse Law: Compliance Implications for Providers
• FTC Reinstates Data Breach Action Against LabMD, Orders Remedial Measures
• Settlement Related to Theft of Mobile Device Further Highlights Need to Revisit Privacy and Security Policies and Procedures As the Audit Process Unfolds
• Costs of a Data Breach Up to $7 Million Per Incident
• Supreme Court Provides Murky Guidance on Standard For Implied False Claims Liability
• Data Breach Notifications are on the Rise in 2016 and Businesses Continue to Struggle with Liability Issues Relating to Breaches
• New Breaches, New Technology and New Audits: Health Care Providers Need to Revisit and Assure HIPAA Compliance
• Cyber Security Update - The FTC and Class Actions
• Cyber Security Update - Recent Developments and Expectations for 2016
• A Rule of Reason Emerging From OMIG?
• Update: NYS Department of Health Re-Publishes Proposed SHIN-NY Regs
• IRS Issues Guidance for Drafting and Updating Hospital Financial Assistance Policies
• Group Homes Serving Individuals With Developmental Disabilities Score Huge Appellate Victory While Assisted Living and Other Facilities May Be Exposed to Greater Liability
• Office of the Medicaid Inspector General Publishes New Compliance Guidelines/Annual Certification Reminder
• Reminder: Social Adult Day Services Providers Contracting with MLTCs Must Comply with NYSOFA Regulations
• NYS Department of Health Publishes Proposed SHIN-NY Regulations
• Deadline Approaching for Not-For-Profit Corporations to Update By-Laws, Policies and Governance Procedures
• U.S. Attorney for the Northern District of New York Announces Two False Claims Act Initiatives
• Court Enjoins Implementation of Executive Compensation Limits Under Executive Order 38
• New York State Appellate Court Recognizes Implied Private Right of Action Under the Prompt Pay Law
• NYS Department of Health Medicaid Benefit Review Process
• Health Plans and PBMs Tighten the Competitive Reins
• Ambulatory Care Reform
• New York State Not-for-Profit Reform Signed into Law
• The 2013 Medicaid Provider Certification Process
• New York State Not for Profit Law Reform Awaits Governor's Signature
• The OIG's Updated Special Advisory Bulletin On The Effect Of Exclusion
• Volunteers Serving Local Governments and Charitable Organizations – Tax Deductions and Reporting
• The Affordable Care Act: Impact On Provider Relationships
• Medicare Whistleblower Program Proposes Increased Rewards to Combat Fraud and Abuse
• Legislature Acts to Restore Patient Choice in Pharmacy Providers
• Regulations for Executive Compensation/Administrative Expenses
• CMS Issues Long-Awaited Final Rule To Implement The Physician Payments Sunshine Act
• The Waiting is Over: Changes to HIPAA Provisions Finally Released
• The 2012 Medicaid Provider Certification Process
• Revised New York State Executive Compensation Rules Released
• H&B obtains court ordered stay of mandatory mail order prescriptions for Medicaid recipients.
• OMIG Update
• Health Care Reform Seminar
• Medicaid Redesign Waiver
• Medicare Revalidation
• Cuomo's Rules Target High Earning Executives of Health Care and Human Services Providers
• Suspension of Medicaid Payments
• NYS Department of Health Issues Application for Assisted Living Program Beds
• Self-Disclosure and Compliance
• Meaningful Use "Stage 2" Criteria Introduced in Proposed Rule
• Further Changes on the Horizon for Not-for-Profits
• Measuring the Effectiveness of a Compliance Program: OMIG Style
• New York State Department of Health Issues Request for Applications to Establish New or Expand Existing Certified Home Health Agencies
• New Regulations Provide Guidance to Drug and Device Manufacturers for Establishing Effective Reporting Systems to Comply with Physician Payment Sunshine Act
• Providers of Health Care and Human Services Face Dramatic Reductions in State Funding for Operating Expenses
• New Laws and Requirements Affecting Home Care Providers
• Challenging Goliath (a/k/a the NYS Medicaid Inspector General)
• The 2011 Medicaid Provider Compliance Certification Process
• Mandatory Suspension of Medicaid Payments Under the Affordable Care Act
• Medicaid Health Homes Application Deadline Approaching; Mandatory Letter of Intent Due by September 1, 2011
• HIPAA Update
• Suspension of Medicaid Payments
• The HEAT is on Medicare & Medicaid Providers
• OMIG Dental Medicaid Audits
• Federal and State Prosecutors Announce Major Healthcare Fraud Recovery
• State Assuming Medicaid Administration From Counties and New York City
• OMIG Releases Compliance Certification Due December 31, Places Emphasis on Effectiveness of Compliance Programs
• Pharmacy Update; Volume II
• Pharmacy Update; Volume I
• RHIOs Can Help Physicians Qualify for "Meaningful Use" Stimulus Payment for Adopting EHR Technology
• Expanded Enforcement and Liabilities Under Healthcare Reform
• OMIG to Set Sights on OMRDD Providers
• Physician Payment Sunshine Law Sets National Standard for Reporting Payments by Drug and Device Companies
• Provider Self Disclosure
• Revisions to the HIPAA Privacy Rules' Impact on Employers
• The Office of the Medicaid Inspector General Releases Mandatory Provider Compliance Certification
• New OMIG Medicaid Compliance Plan Effective Now
• New IRS Form 990 Calls for Immediate Review of Governance Practices
• Expansion of Federal False Claims Act
• OMIG 2009-2010 Work Plan Released: Medical Transportation Highlights
• Strict New Marketing Rules for Drug and Medical Device Companies Now Final
• American Recovery and Reinvestment Act Significantly Revises the HIPAA Privacy and Security Rules
• New OMIG Medicaid Compliance Plan Requirements
• Statutory Changes and Proposed Regulations Give OMIG Greater Ability to Penalize Medicaid Providers
• Physicians and Pharmacy Providers: Overview of Medicaid Pharmacy Requirements
• OMIG Continues Vigorous Enforcement Efforts: Compliance Programs to be Required for Additional Providers
• New York State Medicaid Budget
• Governor Spitzer's Proposed 2008-2009 Budget
• HIPAA Privacy and Security Update
• New York State Enacts Sweeping Not-for-Profit Corporation Law Reform

Press Releases

• Transactional Attorney Priscilla Escobedo Joins Barclay Damon
• Accomplished Health Care Regulatory Attorney Bob Hussar Rejoins Barclay Damon
• Barclay Damon Adds Corporate Partner Greg Stoller
• Law Clerk Named Associate After Admission to New York State Bar
• Mike Gionta and Jordan Kilijanski Join Barclay Damon
• Ex-OMIG Senior Attorney Bill Busler Joins Barclay Damon
• Health Care Attorney James Ko Joins Barclay Damon
• Three Law Clerks Named Associates After Admission to New York State Bar in January 2023
• Former OMH Assistant Counsel Keith Brennan Joins Barclay Damon
• Amanda Rhodes Joins Barclay Damon
• Michael Scott-Kristansen Joins Barclay Damon
• Traci Boris Joins Barclay Damon
• Seven Law Clerks Named Associates After Admission to New York State Bar
• Andrew Carroll and Mary Connolly Join Barclay Damon
• Sheila Gaddis Named to 2019 Lawyers of Color's "Nation's Best" List

News

• Medical Liability Monitor, "Physicians With Multiple State Licenses Face Complex Disciplinary Risks"
• Healio, "What Providers Should Know About Changes to Substance Use Confidentiality Regulations"
• Janice Grubin Selected to City & State New York 2024 "Above & Beyond: Pride" List
• NYMGMA eNewsletter: "Minors and Health Care: New Law Allows Homeless Youth to Consent to Health Care"
• Fran Ciardullo's Alert Cited in Yahoo! News Article on Elimination of Medical Debt for NYC Residents
• Melissa Zambri Receives Albany Law School Distinguished Teaching Award
• Practicefirst: Federal Settlement Highlights Provider Responsibilities to Accommodate Deaf and Hearing Impaired Patients
• Chris Greene Featured in Buffalo Business First Article on NYS Law Requiring Health Care Providers to Notify Department of Health of Mergers and Acquisitions
• NYMGMA eNewsletter: "HHS-OCR Cautions Health Care Providers to Confirm Their Website and Apps Are HIPAA-Compliant"
• Janice Grubin Featured in Law360 Pulse Article About LGBTQIA+-Related Topics
• Melissa Zambri Appointed to Albany Law School National Alumni Association Board
• Fran Ciardullo and Ross Greenky Receive Awards From Jewish Federation of Central New York
• Janice Grubin Receives Tri-State Diversity Council LBGTQ+ Leadership Award
• NYMGMA eNewsletter: "New Laws Strongly Curtail Collection Efforts by Health Care Providers"
• Michael Sciotti Quoted in Central New York Business Journal Article on New NYS Pay Transparency Law
• NYMGMA eNewsletter: "Health Care Professionals Now Allowed to Obtain Extreme Risk Protection Orders"
• Susan Benz Quoted in Buffalo Business First Article on Health Care Transparency Laws
• Linda Clark Interviewed by Wolters Kluwer for Employee Benefits Management Newsletter
• Fran Ciardullo and Mary Connolly Published in MGMA Newsletter
• Melissa Zambri Quoted in New York Law Journal
• COVID-19: Dena DeFazio and Bridget Steele Interviewed by Syracuse.com

Blog Posts

• Government Relations 101: Ongoing Government Response to Data Privacy Breaches: The Markup Effect
• Government Relations 101: What Drives the Government's Decision to Pursue a Medicaid Program Violation as a Crime?
• Government Relations 101: What's a Material Violation of Medicaid Rules and Regulations?
• Government Relations 101: Pharmacy Audits and Investigations: What Can Providers Expect From Regulators in 2024?
• Government Relations 101: The Onsite, Part 2 – How to Act During a Surprise Onsite
• Government Relations 101: The Onsite, Part 1 – How to Prepare for a Scheduled Onsite
• Recap of Fifth Forum in Albany Law School's 2023 Disability Law Series: Civil Rights and Individuals With Developmental Disabilities
• Recap of Fourth Forum in Albany Law School's 2023 Disability Law Series: Civil Rights and Individuals With Developmental Disabilities
• Recap of Third Forum in Albany Law School's 2023 Disability Law Series: Civil Rights and Individuals With Developmental Disabilities
• The IMD Exclusion: An Obstacle to Behavioral Health Care Parity for 50 Years
• Recap of Second Forum in Albany Law School's 2023 Disability Law Series: Civil Rights and Individuals With Developmental Disabilities
• Government Relations 101: Can Free Delivery Be Considered an Impermissible Inducement?
• Government Relations 101: The Search Warrant
• NYS Physicians Now Required to Alert Patients to Their Right to Report Possible Professional Misconduct
• COVID-19: NYS Governor Cuomo Extends Provisions Affecting Health Care Professionals
• Court Upholds Immunity for Providers Submitting Child Abuse Reports
• HHS Publishes HIPAA Guidance for Use of Health Apps
• New HHS Proposed Rule Removes Gender Identity Protections

Events

• Barclay Damon's New York Health Care Compliance Symposium
• OMIG Compliance To-Do List: Top 10 Tasks to Complete by Year-End
• The OMH Certification Process, Part 1: Obtaining a License
• OMG It's OMIG: What Every Provider Should Know
• Involuntary Removal and Hospitalization: A Mental Hygiene Law Article 9 Primer
• Join Barclay Damon for Second Forum in Albany Law School's 2023 Disability Law Series on February 9
• Join Barclay Damon for Albany Law School and Institute for Aging and Disability Law 2023 Disability Law Series
• 2021 Health & Human Services Providers Series - The New Information Blocking Rule: What You Need to Know
• Hot Topics in Labor & Employment Law for New York Health Care Employers
• "Not-for-Profit Affiliations and Mergers: Employment Matters, Employee Benefit Issues, and Restrictions on Asset Usage" Webinar
• Not-for-Profit Affiliations and Mergers: Regulatory Considerations and Approvals
• Propelling New York Forward: Liability and Immunity in the Age of Coronavirus Webinar
• Albany Law School CLE Webinar - The Law Pertaining to Health Care Providers in the COVID-19 Pandemic: Regulatory/Funding Issues
• "The Law Pertaining to Health Care Providers in the COVID-19 Pandemic: Litigation Issues" CLE Webinar
• "The Law Pertaining to Health Care Providers in the COVID-19 Pandemic: Labor and Employment Issues" Webinar
• Keeping Your Organization Afloat: Leveraging Federal Aid
• Greater New York Dental Meeting
• Albany Law School: HIPAA Update 2019
• Buffalo Niagara Dental Meeting
• Greater Capital District Dentist Symposium: Legal Pitfalls in the Modern Dental Practice
• ASAP Annual CEO Executive Leadership Pre-Conference Institute