Recent Publications
In the current climate of heightened awareness of the dangers of opioid addiction--and enhanced enforcement by New York State Health Department’s Office of Professional Medical Conduct and the Drug Enforcement Administration--New York’s highest court, by majority decision, has recently affirmed the conviction of a physician on charges of manslaughter in the second degree where two of his patients died of fatal overdoses caused by the patients’ abuse of opioids and other controlled substances prescribed by the physician.
Providers who bill $500,000.00 or more to the New York Medicaid program in any 12-month period should be aware that, pursuant to Social Services Law § 363-d, 18 NYCRR Part 521, and the Deficit Reduction Act of 2005, they are required to adopt and implement a compliance program targeted at identifying and eliminating fraud and abuse. Each December, every such provider must continually certify that a compliance program remains in effect and complies with applicable law. Note that the compliance program requirement also applies to third-party billing companies which submit $500,000.00 or more in Medicaid claims on behalf of others during a 12-month period.
As of October 1, 2019, the New York State Education Department is requiring that professional practice entities (PCs or PLLCs) submit an affidavit when forming a new entity, filing to do business in New York, or changing the name of the entity. If the affidavit is not filed, the request will be rejected.
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