The Office of Cannabis Management in New York state has provided further guidance on how adult-use conditional cultivators (AUCCs) must measure and report the square footage of their flowering canopy to remain compliant with...more
Department of Health and Human Services Office of Inspector General (“OIG”)
Advisory Opinion 22-13 Issued:
June 23, 2022
This opinion addresses a durable medical equipment (“DME”) manufacturer’s arrangements with...more
The following is a summary of the federal Health and Human Services agency’s Office of Inspector General (OIG) reports of fraud and abuse enforcement activity across the country. The enforcement actions reported are based...more
6/24/2022
/ Anti-Kickback Statute ,
Compliance ,
Controlled Substances ,
Department of Health and Human Services (HHS) ,
Enforcement ,
False Claims Act (FCA) ,
False Statements ,
Federal Debt Collection ,
Fraud and Abuse ,
Genetic Testing ,
Healthcare ,
Healthcare Fraud ,
Mail Fraud ,
Medi-Cal ,
Medicaid ,
Medicare Fraud ,
OIG ,
Popular ,
Risk Assessment ,
TRICARE ,
Wire Fraud
Could cannabis-infused cocktails surface as the next restaurant trend? Will concert venues offer pre-rolled joints? Would comedy screenings become legally “enhanced” by edibles? ...more
This is an exciting time in the adult-use marijuana space in New York state – last month more than 80 small farmers received conditional cultivator licenses. That means plants are going in the ground, and recreational...more
Earlier this month, the New York State Department of Health announced that Brett Friedman, who replaced Donna Frescatore in 2021 as the New York State Medicaid Director, is leaving the Medicaid Program. The Commissioner of...more
The New York State Department of Taxation and Finance (the “Department”) has created a new webpage addressing the adult-use cannabis product taxation structure, including how to register with the Department, the Department’s...more
With its trove of sensitive patient and personal data and increasingly digitized records, the health care industry is always vulnerable to cyberattacks and data breaches. But in light of Russia’s invasion of Ukraine and...more
It's been quite a year for compliance in the health care industry, thanks to mandates from the New York state governor (first Cuomo, then Hochul) and broader trends relating to technology, culture, public health and patient...more
The explosion of telemedicine and telehealth, or virtual patient care and monitoring, presents many opportunities for enhanced, more streamlined care. But it also threatens to outpace laws regarding the delivery of care, as...more
10/26/2021
/ Compliance ,
Coronavirus/COVID-19 ,
Digital Health ,
Electronic Protected Health Information (ePHI) ,
Flexibility Clauses ,
PHI ,
Privacy Laws ,
Public Health Service (PHS) ,
Quarantine ,
State Privacy Laws ,
Telehealth ,
Telemedicine
Today, September 27, is New York state’s deadline for healthcare personnel to receive at least their first COVID-19 vaccine dose or risk losing their job. The only recognized exception is a medical accommodation. There are no...more
Though New York state’s cannabis market has stalled in recent months, Gov. Kathy Hochul’s arrival in Albany has sparked hope that appointments to the Office of Cannabis Management and Cannabis Control Board will drive the...more
As COVID-19 variants surge in the country, mask mandates return, and more workplaces and public spaces make vaccination a requirement, how should health care providers proceed? Can they require employees, patients and clients...more
Many health care providers have dealt with guardianships, or conservatorships, in which courts appoint a guardian who serves as the decision maker for someone who isn’t capable of self-care or decisions, including medical,...more
Across New York state, many employers now have more leeway to ease mask-wearing and other requirements among those vaccinated against COVID-19. However, the CDC guidance that New York state has adopted still specifies that...more
April is often promoted as National Healthcare Decisions Month, with April 16 designated the “Healthcare Decisions Day.” The awareness campaign serves as a valuable annual reminder for health care providers to discuss with...more
Our health care team is closely monitoring proposed legislation that would upend the existing statutes regarding the written, informed consent that providers must obtain from patients.
The law currently defines informed...more
We recently shared a Legal Alert of amendments to the federal government’s Public Readiness and Emergency Preparedness (PREP) Act that broadens the pool of COVID-19 vaccinators, helping meet the intense demand for...more
Late last week New York Attorney General Letitia James released a report that found the state Department of Health underreported COVID-19 deaths of nursing home residents by as much as 50 percent.
The report – generated...more
The New York Power of Attorney is a legal instrument executed by an individual with capacity (a principal) appointing another (an agent) to handle his/her financial affairs. The current durable “short form” Power of Attorney...more
Now that COVID-19 vaccinations are rolling out across New York state and beyond, can health care providers require employees to receive the vaccine - especially when this layer of protection may enhance their capability to...more
If this were a typical year, we’d be gearing up for family Thanksgiving dinners and office holiday parties. But 2020 looks very different, and businesses that have pivoted to working remotely may be suffering from enough...more
It’s Halloween week, and things are getting scary. Our post from earlier this week proved eerily prescient when the Cybersecurity and Infrastructure Security Agency (CISA), the Federal Bureau of Investigation (FBI) and the...more
When your cybersecurity is compromised, it can be irritating, expensive, embarrassing and incredibly problematic. But can it really become a matter of life and death?
As more medical appointments unfold virtually and...more
With COVID-19 cases and hospitalizations in New York remaining stable, the state Department of Health has begun the process of again allowing visitors to see loved ones at nursing homes and long-term care facilities.
The...more