On February 3, President Trump signed the Consolidated Appropriations Act, 2026 (H.R.7418), which extends certain Medicare telehealth flexibilities through December 31, 2027. These flexibilities were initially enacted by Congress in response to the COVID-19 pandemic and rising need for telehealth services.

The most important aspect of these flexibilities was that they permitted Medicare beneficiaries to…

Last month, Dr. Mehmet Oz, Administrator of the Centers for Medicare & Medicaid Services (CMS), accompanied by other CMS officials, visited with home health and hospice providers and related industry associations to discuss ways to strengthen program integrity enforcement.  CMS was reacting to calls from industry stakeholders and members of Congress to get a handle…

The New York “Shield Law” refers to several statutes intended to protect patients and providers seeking or offering services concerning gender-affirming care or abortion. These statutes were enacted in response to certain other states increasingly criminalizing these types of healthcare services. The Shield Law prohibits state cooperation with hostile actions, prevents the forced production of…

In a recent Advisory Opinion (No. 26-01), the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) concluded that waiving cost sharing for certain commercially insured patients who receive a cancer screening test is permissible under the federal Anti-Kickback Statute.

The opinion pertains to a clinical laboratory test that screens for…

The Office of Inspector General (OIG) of the U.S. Department of Health and Human Services recently issued an unfavorable Advisory Opinion (No. 25‑12) addressing a home health care agency’s proposal to offer sign‑on bonuses to prospective employees who are in a position to refer patients (usually family members) to the employer for home care. The…

Earlier this month, the New York Department of State (DOS) published a warning to consumers following an extensive investigation of so-called “med spas.” The DOS’s Division of Licensing led the investigation, in which 223 businesses were inspected.

The publication initially addressed the need for businesses that hold themselves out to the public as med spas…

The healthcare industry is facing dramatic changes in government policy with huge consequences impacting the economics and survival of many providers. Last fall, Rivkin Radler entered into a Strategic Affiliation with Liberty Partners Group, a leading healthcare lobbying firm, to afford our clients access to key government officials and agencies.

Please join us on January…

OpenAI has launched ChatGPT Health, a new health‑focused capability within its generative AI chatbot that allows users to connect their medical records and wellness app data to generate more personalized health‑related responses. This feature represents a shift from using AI for general health information toward deeper, context‑aware insights grounded in individuals’ own data.

What…

This week, Governor Hochul announced a proposal significantly expanding state scrutiny over corporate health care transactions. This proposal reiterates previously expressed concerns that both private equity and health system acquisitions of medical and dental practices lead to reduced access to care, declining quality and higher prices.

While stopping short of requiring actual Health Department…

In an unfavorable Advisory Opinion issued last week[1], the Office of Inspector General, U.S. Department of Health and Human Services (OIG) found that a home care agency’s plan to market sign-on bonuses to prospective employees with the intention of employing those individuals to provide services to family members could result in sanctions for…

On December 19, Gov. Kathy Hochul vetoed New York Senate Bill 8432 (S8432) and its Assembly companion, A8662A. The legislation would have amended the New York LLC Transparency Act (NYLTA) to preserve beneficial ownership reporting requirements for domestic New York LLCs.

The bill was intended to restore the Legislature’s original intent when the NYLTA was…