Just last week, we reported that the 2025/26 NYS Budget Bill did not include a provision that would have increased the requirements for seeking Department of Health (DOH) approval of a material healthcare transaction (which generally means one that increases revenues from healthcare services by at least $25 million) [here]. We have previously
Expanded Healthcare Transaction Notice/Review Dropped from Final 2025/26 NYS Budget Bill
We recently wrote about proposed legislation that would have substantially increased the existing reporting requirements for material healthcare transactions in NYS that have existed since Public Health Law (PHL) Article 45-A was enacted two years ago. We provided a detailed review of the current PHL 45-A here and here.
The proposed legislation would have
NYS Reinforces Its Scrutiny Over Healthcare Transactions
Overview
We recently discussed increasing state regulation of healthcare mergers and acquisitions in the face of the current Administration’s clear policy of federal deregulation. We noted that 15 states had implemented oversight laws for healthcare transactions. The stated purpose of these laws is to address two key issues: (1) to ensure that healthcare providers remain
HHS-OIG Issues Nursing Facility Compliance Program Guidance
On November 20, 2024, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) released the “Nursing Facility ICPG,” an industry-specific compliance program guidance for nursing facilities.
Background
The Nursing Facility ICPG serves as a voluntary, nonbinding tool to assist facilities in reducing risks related to fraud, waste, and abuse, while
$68 Million CDPAP Fraud Indictment Unsealed Amidst Industry Changes
On October 9, 2024, the United States Attorney’s office in the Eastern District of New York unsealed an indictment alleging that eight defendants defrauded Medicaid of approximately $68 million.1 The alleged scheme involved two adult day care programs and a home care financial intermediary, all owned and controlled by the same individuals, as well
HHS OIG Issues Information-Blocking Disincentives for Certain Health Care Providers
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