Recent Publications
The newly enacted federal Eliminating Kickbacks in Recovery Act (“EKRA”) impacts the way healthcare providers may compensate certain employees and referral sources. EKRA prohibits healthcare providers from giving or receiving remuneration for referring a patient to a recovery home, clinical treatment facility or laboratory. For purposes of EKRA, a “clinical treatment facility” is defined as “a medical setting, other than a hospital, that provides detoxification, risk reduction, outpatient treatment and care, residential treatment, or rehabilitation for substance use, pursuant to licensure or certification under State law.” A violation of EKRA may lead to fines of up to $200,000 and up to 10 years imprisonment. Accordingly, healthcare providers should evaluate the structure of their current arrangements with certain employees and referral sources.
The NY Medicaid Electronic Health Records (“EHR”) Incentive Program (now known as the Promoting Interoperability Program) provides eligible professionals and hospitals with incentive payments as they demonstrate adoption, implementation, upgrading, or meaningful use of certified EHR technology. The purpose of the program is to support providers as they transition to and integrate the use of EHRs in meaningful ways, with an overarching goal to help improve the quality, safety, and efficiency of patient health care. In their first year, all providers will be required to attest to adoption, implementation, or upgrade of certified EHR technology.
In a prior web alert, we discussed the sale and demutualization of Medical Liability Mutual Insurance Company (“MLMIC”), and how physician-policyholders insured by MLMIC between 7/2013 and 7/2016 were entitled to the proceeds arising from that transaction. We also discussed that MLMIC had an “objection” procedure for certain employers to have the money placed in escrow pending agreement of the parties, or the outcome of an adversarial proceeding.
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