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

Jeffrey Ehrhardt
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…
New Law Allows Experienced NPs to Practice Independently in NY
New York’s 2023 state budget, signed into law on April 9, included an amendment to the state’s Education Law establishing 3,600 practice hours as a threshold beyond which nurse practitioners no longer require a collaborative agreement or a collaborative relationship with a physician to practice within their educational and clinical practice area. Practitioners such as…
GAO Recommends that CMS Review Effects of Telehealth on Quality of Care
In a report published on March 31, the U.S. Government Accountability Office (GAO) recommended that the Centers for Medicare & Medicaid Services (CMS) begin to collect and analyze information about any effect telehealth has on the quality of care for Medicaid beneficiaries. CMS does not currently collect or analyze this information, nor does it have…
NJ Temporary License Program Extended for Out-of-State Practitioners
At the start of the COVID-19 pandemic, the New Jersey Division of Consumer Affairs established a Temporary Emergency Reciprocity License (TERL) program to give emergency licenses to healthcare practitioners from states outside of New Jersey. The TERL program had been extended multiple times and was set to expire on January 11, 2022.
However, on January…
Bipartisan Bill Proposes to Permanently Expand Certain Telehealth Services
Many of the changes to telehealth requirements during the COVID-19 pandemic on both the federal and state levels were intended to be temporary, as previously discussed here. Recently, a bipartisan group of lawmakers in Congress introduced the Telehealth Extension Act, which would, among other things, eliminate the requirement that patients live in a…