The Federal Trade Commission (FTC) recently issued guidance entitled “Collecting, Using, or Sharing Consumer Health Information? Look to HIPAA, the FTC Act, and the Health Breach Notification Rule.” The guidance points out that while businesses that collect, use, or share consumer health information are (or should be) accustomed to complying with HIPAA and its Privacy
Legislation and Public Policy
You can ‘fire’ patients for just cause, but hew to a clear policy
By Rivkin Rounds Staff on
Posted in Hospitals, Legislation and Public Policy
An August 24 article in Part B News, “You can ‘fire’ patients for just cause, but hew to a clear policy,” explained how healthcare providers can legally and ethically refuse service to a patient. Rivkin Radler partner Frank Izzo was quoted in the article.
Although healthcare facilities usually get into legal hot…
NYS DOH Provides Overview of Material Transaction Reporting
By Jeffrey Ehrhardt & Benjamin Malerba on
Posted in Legislation and Public Policy
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…
Kaiser and Janocinska Author ABA Book on the Federal AKS and Safe Harbors
By Rivkin Rounds Staff on
The American Bar Association has published the second edition of “The Federal Anti-Kickback Statute and Safe Harbors: A History and Practice Guide.” Written by Geoffrey R. Kaiser and Ada Janocinska, the book is a comprehensive reference for one of the nation’s most commonly cited, investigated and enforced health care fraud and abuse laws.
The book…
Telehealth After the Pandemic: Recent Federal and State Developments
On Thursday, September 14, in the next installment of Rivkin Radler’s Healthcare Compliance Lunch & Learn series, Rivkin Radler partner Eric D. Fader will present an update on the regulatory landscape for the provision of telehealth services, including recent changes to federal and state laws and rules. The program will take place from 12:00 noon…
OIG Advisory Opinion Warns on IONM Company “Surgeon Deals”
By Eric Fader on
On August 18, the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) published an Advisory Opinion warning that a common arrangement under which surgeons profit from referrals of their patients for intraoperative neuromonitoring (IONM) services can violate the federal Anti-Kickback Statute (AKS). The Advisory Opinion, the first significant public commentary on…
Kaiser to Present on Drug and Device Enforcement Trends for PLI
On September 14, Rivkin Radler’s Jeff Kaiser will participate on a panel at Practising Law Institute’s Life Sciences 2023: Navigating Legal Challenges in Drug and Device Industries program in New York City.
Held at PLI’s New York Conference Center at 1177 Sixth Avenue, the program will cover the explosive growth of digital health and the…
Compliance Issues and Trends in Healthcare Transaction Laws
By Rivkin Rounds Staff on
Posted in Legislation and Public Policy
In the next installment of Rivkin Radler’s Healthcare Compliance Lunch & Learn series, Rivkin Radler’s Ben Malerba and Jeff Ehrhardt will discuss compliance issues and trends in healthcare transaction laws. The presentation will focus on:
- An analysis of the recently enacted New York Public Health Law Article 45-A, regarding disclosure of material transactions to the
Doing telehealth from home? If you’re zoned out, take steps to fix it
By Rivkin Rounds Staff on
Posted in Legislation and Public Policy, Telehealth
A June 12 article in Part B News, “Doing telehealth from home? If you’re zoned out, take steps to fix it,” discussed possible local zoning restrictions on providers who render telehealth services from their homes. Khoren Bandazian, a partner in Rivkin Radler’s Real Estate, Zoning and Land Use, and Health Services Practice Groups…
Implementing an Effective Compliance Program: A Focus on Element Seven
In the next installment of Rivkin Radler’s Healthcare Compliance Lunch & Learn series, Rivkin Radler’s Bob Hussar and John Queenan will discuss the seventh required elements of an Effective Compliance Program: Responding to Compliance Issues.
Bob is a partner in Rivkin Radler’s Compliance, Investigations & White Collar and Health Services practice groups. John is a…