Legislation and Public Policy

Last month, the U.S. Department of Health and Human Services’ Office of Inspector General (“OIG”) published Medicare Advantage Industry Segment-Specific Compliance Program Guidance (“Guidance”). OIG described the Guidance as “OIG’s updated and centralized source of voluntary compliance program guidance for Medicare Advantage.”[1] The impetus for creating the Guidance was “the growing popularity” and OIG’s…

On February 6, New York Gov. Kathy Hochul signed the Medical Aid in Dying Act (MAID), making New York the 13th state to adopt similar legislation along with the District of Columbia. MAID has created a new Article 28-F to the New York Public Health Law, which will be effective August 5, 2026.

What…

Noncompete agreements remain in the Federal Trade Commission’s crosshairs. Although the FTC abandoned its pursuit of a nationwide ban, targeted enforcement is here, and the healthcare industry specifically has been placed on notice.

The Background

On September 5, 2025, the FTC announced it was walking away from its proposed national ban on noncompetes. However, in…

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…

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…

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…