HEALTHCARE FRAUD: SELF-DISCLOSURE PROTOCOL UPDATE

By Mathew J. Levy, Esq. & Seth A. Nadel, Esq.Email MathewEmail Seth What is healthcare fraud? There are the obvious cases of greed, such as physicians billing for fictitious patients, services never performed, and the rendering of unnecessary medical procedures.  However, there is more to healthcare fraud than the obvious. This includes widely practiced rule-bending to […]

Continue reading…

Heavy HIPAA Enforcement Efforts!

By Mathew J. Levy, Esq.Email Mathew To date, the U.S. Department of Health and Human Services’ Office of Civil Rights (“OCR”) has resolved 98% of nearly 257,000 Health Insurance Portability and Accountability Act (“HIPAA”) Privacy Rule complaints. OCR has settled and imposed civil monetary penalties totaling $130,980,482.00. According to the HIPAA Journal, in recent years OCR’s enforcement efforts increased. […]

Continue reading…

Mandatory Vaccination for Healthcare Workers Expanded by New Emergency Regulations

By Jessica Woodrow, Esq.Email Jessica On August 26, 2021, the New York State Department of Health’s Public Health and Health Planning Council in Albany voted to amend the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR), significantly expanding the emergency Covid-19 vaccination mandate previously announced by former Governor Andrew […]

Continue reading…

New York State’s Newly-Announced Vaccine Mandate Policy for Healthcare Entities

By Joshua D. Sussman, Esq., Beth E. Roxland, Esq., Jessica Woodrow, Esq. & Carla Hogan, Esq.Email Joshua Email BethEmail JessicaEmail Carla On August 16, Governor Cuomo announced a new vaccine mandate for New York State healthcare workers. This announcement aligns with the Department of Labor’s OSHA June emergency temporary standard, the Center for Disease Control’s July […]

Continue reading…

The 21st Century Cures Act Final Rule Has Taken Effect

By Mathew J. Levy, Esq. & Jessica Woodrow, Esq.Email Mathew Email Jessica After years of anticipation, the Office of the National Coordinator for Health Information Technology’s (“ONC”) issued its Cures Act Final Rule on Interoperability, Information Blocking, and Open Notes, effective April 5, 2021. This important issuance, which originated with the 21st Century Cures Act (2016), […]

Continue reading…
A young man using his laptop to video chat with his doctor through telehealth

Telehealth Law & COVID-19: Changes To Look Out for in 2021

Telehealth and telemedicine have been on the rise over the past decade for those in the healthcare industry. As technology improves, more patients opt for remote medical care to alleviate the costs and inconveniences associated with in-person care.  Recently, this area of medical services has received a metaphorical shot in the arm because of the […]

Continue reading…

Medicare Payments On Hold Pending Congressional Sequester Fix

By Mathew J. Levy, Esq. & Zoila Sanchez, J.D., M.P.H.Email Mathew Email Zoila Participating Medicare providers already experiencing financial hardship due to the pandemic would be further hit by a 2% payment cut until Congress takes action next month with the passage of a sequester fix. To address this issue, the Centers for Medicare & Medicaid Services (“CMS”) […]

Continue reading…

CLIENT ALERT: CMS and OIG Move to Expand Exceptions and Safe Harbors to Stark Law and Anti-Kickback Statute

By Mathew J. Levy, Esq. & Mauro Viskovic, Esq. Email Mathew Email Mauro On November 20, 2020, the Centers for Medicare and Medicaid Services (“CMS”) and the Office of Inspector General (“OIG”) adopted significant changes to regulations regarding the Anti-Kickback Statute (“AKS”) and the Physician Self-Referral Law (“Stark Law”).  Among the changes are those that expand, […]

Continue reading…

New OPMC Signage Requirements: Updates to New York Public Health Law Mandate that Medical Practices Post Visible Sign Directing Patients to OPMC Website

By Seth A. Nadel, Esq.Email the Author Effective October 7, 2020, updates to New York’s Public Health Law have imposed a new requirement on physician practices to post conspicuous signage directing patients to the website of the Office of Professional Medical Conduct (OPMC) and advising them that they may visit the OPMC website to report […]

Continue reading…

SEC Proposes Eliminating a Significant Burden on Raising Capital in Private Markets

By Mauro Viskovic, Esq. Email the Author Startup, developmental and emerging growth businesses nationwide welcomed a recent proposal from the Securities and Exchange Commission that, if adopted, would make it considerably less difficult for them to raise capital.   For many businesses seeking to raise start-up or working capital, banks are simply not an option due to […]

Continue reading…

QUI TAM/WHISTLEBLOWER SETTLEMENT OBTAINED FOR FIRM CLIENT

Press Release: Weiss Zarett Brofman Sonnenklar & Levy, P.C., represents client in Whistleblower Case against New York City Health and Hospitals Corporation and Former Program Director of the Podiatric Medicine and Surgery Residency Program at Coney Island Hospital, which pays $1.25 million to Settle Lawsuit Alleging Submission of False Claims to Medicare and Medicaid Brooklyn, […]

Continue reading…

Proposed Rule for 2021 Medicare Fee Schedule Includes Changes to Telehealth Billing and Use of Evaluation and Management Codes

By Seth A. Nadel, Esq.Email the Author On August 3, 2020, the Centers for Medicare and Medicaid Services (“CMS”) issued its Proposed Rule for the 2021 Medicare Physician Fee Schedule (“Proposed Fee Schedule”). The Proposed Fee Schedule incorporates several proposals which could affect future physician billing, including changes to rules regarding use of Evaluation and Management […]

Continue reading…

2020 OIG COMPLIANCE WORK PLAN

By Mathew J. Levy, Esq., & Stacey Lipitz Marder, Esq.Email Mathew Email Stacey Investigations by Medicare and Medicaid are constantly on the rise. Each year, a Work Plan is published by the Office of the Inspector General (OIG) (which is updated monthly) showing the priorities and major initiatives that it intends to investigate during the […]

Continue reading…