Legislation and Public Policy

On January 11, U.S. Department of Health and Human Services (HHS) Secretary Xavier Becerra formally renewed the federal COVID-19 public health emergency (PHE) for another 90 days. The PHE, which originally went into effect on January 31, 2020, provides important flexibilities for healthcare providers and Medicare beneficiaries and waives key reporting requirements. Some important telehealth…

In the next installment of Rivkin Radler’s Healthcare Compliance Lunch & Learn series, Rivkin Radler’s Geoffrey Kaiser and Jeffrey Ehrhardt will present “A Survey of OIG’s 2022 Advisory Opinions: What They Could Mean for Your Organization.” Jeff and Jeff will:

  • Discuss select Advisory Opinions from last year on a variety of topics, including use of
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On December 20, the Federal Trade Commission’s Bureau of Consumer Protection announced the issuance of Health Products Compliance Guidance. The revised Guidance updates the FTC’s 1998 guide, Dietary Supplements: An Advertising Guide For Industry, and is a must read for everyone involved in marketing, labeling, and creating and evaluating substantiation for dietary supplements and…

On December 23, the U.S. Congress passed the “Consolidated Appropriations Act, 2023,” the omnibus budget bill for fiscal year 2023 (HR 2617). The bill includes several provisions relating to Medicare coverage of telehealth, including extending some of the flexibilities that became effective at the beginning of the COVID-19 pandemic. 

The budget bill for…

The U.S. Department of Health and Human Services’ Office of Inspector General (OIG) recently issued a favorable Advisory Opinion on a hospital arrangement in which the hospital was using its employed nurse practitioners to perform services that were traditionally performed by patients’ attending physicians. Specifically, if the attending physician elected to participate in the hospital’s…

New York Governor Kathy Hochul recently signed legislation designed to prevent New York hospitals and medical providers from employing certain collection practices against patients with medical debt. This protection became effective immediately upon the Governor’s signing.

The legislation prohibits providers and hospitals from previous collection practices of garnishing up to 10% of a patient’s paycheck…

On November 9, the Pharmaceutical Coalition for Patient Access (PCPA) filed an action against the U.S. Department of Health and Human Services (HHS) after HHS’s Office of Inspector General (OIG) determined that a proposed patient assistance model posed more than a minimal risk of fraud, waste, and abuse under the federal Anti-Kickback Statute (AKS). PCPA…

Minimum hourly wages for many nonexempt employees and minimum salaries for exempt employees in New York, New Jersey and Connecticut are scheduled to increase in 2023. Employers should begin to make plans to ensure that their hourly wages for nonexempt employees, their minimum salaries for exempt employees and their wage hour policies and practices comply…

In the next installment of Rivkin Radler’s Healthcare Compliance Lunch & Learn series, Rivkin Radler’s Ben Malerba and Ben Wisher will discuss Avoiding the Pitfalls in Recent Government Enforcement. The program will cover recent audits, investigations and actions of government agencies including DOJ, MFCU, OMIG, the NY AG, and others.  Ben and Ben will also…

The American Dental Association (ADA) announced on November 15 that the Centers for Medicare & Medicaid Services (CMS) has agreed to create a new Healthcare Common Procedure Coding System (HCPCS) code G0330 for dental surgeries performed under anesthesia in hospital operating rooms. The new code resulted from an advocacy campaign driven by the ADA, American…