On June 24, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) announced a final rule that establishes disincentives for certain health care providers that have committed information blocking, or any activity that is likely to hamper access, exchange, or use of electronic protected health information (PHI). This rule
NYS Maintains Independent Practice Authority for NPs
The New York State 2024-2025 budget includes legislation that extends until July 1, 2026 the independent practice authority for certain qualified nurse practitioners with over 3,600 practice hours.
Our prior post on this topic provides additional details on which nurse practitioners qualify to practice independently, that is, without a written practice agreement or collaborative relationship
NY Bill to Reduce Temp Agency Staff in Nursing Homes on Governor’s Desk
A law that would incentivize reductions in the use of temporary staffing agencies in nursing homes awaits action by Governor Hochul, who must either sign or veto the law by December 23.
[UPDATE: Gov. Hochul signed this bill into law (S.6897/A.7328) on December 22. The Governor’s press release can be found here.]
The law
NY and CT Prohibit Geofencing near Health Care Facilities
New York State and Connecticut have recently enacted laws that prohibit “geofencing” near health care facilities. The New York State law took effect on July 2, 2023, and Connecticut’s on October 1, 2023. These geofencing laws, enacted partly in response to the Supreme Court Dobbs decision (to prevent advertisers from targeting people receiving reproductive services)
NYS DOH Provides Overview of Material Transaction Reporting
The New York State Department of Health has published a webpage regarding Public Health Law (PHL) Article 45-A. In our prior post, we discussed how PHL Article 45-A requires health care entities involved in material transaction(s) to provide written notice and information to DOH at least 30 days prior to the closing of a
NY Amends Home Care Worker Minimum Wage
One of the many new provisions enacted as part of the 2023-2024 New York State Budget was an increase in the minimum wage for home care workers.
Initially, it is important to note that the $1 hourly increase in the minimum wage for home care workers in New York State, slated to take effect October
NY Enacts Scaled-Back Version of Hochul’s Health Care Transactions Proposal
Following extended New York State budget negotiations, lawmakers have enacted a significantly modified version of Governor Hochul’s proposed health care transaction review bill, which we discussed in prior posts here and here. The bill, as originally proposed, included a comprehensive Department of Health review process, and required the Department of Health’s pre-approval to close
Budget Delay Puts Cloud Over Gov. Hochul’s Healthcare M&A Regulatory Review
As previously discussed here, New York Governor Kathy Hochul’s proposed budget contained a bill that, if passed, would be transformative for certain healthcare transactions. Gov. Hochul’s proposal was dropped from both one-house budgets proposed by the New York State Senate and Assembly.
While its passage appears unlikely, the final budget is now delayed past
The Prohibition against the Corporate Practice of Medicine: Alive and Well and on the Government’s Radar
A law in New York Gov. Kathy Hochul’s proposed budget aimed at regulating “large physician practices being managed by entities that are investor-backed” has been dropped from the State Senate and Assembly proposed budgets (S4007B/A3007B).
Subject to final budget negotiations, the proposed law appears unlikely to be enacted in the immediate future. However, the proposal
OIG: Biopharma Company’s Provision of Free Genetic Tests Does Not Warrant Sanctions Under AKS
With the proliferation of precision and individualized medicine, genetic testing and counseling will likely remain on the radar of the Department of Health and Human Services’ Office of Inspector General (OIG) and the Department of Justice for years to come. Biopharma companies and manufacturers must carefully consider the facts and safeguards applicable to any sponsored