The prohibition on fee splitting by professionals is alive and well in New York. The sale of a dental practice from one dentist to another was found to violate the state’s prohibition against fee splitting because the purchase price was to be paid, in part, based on a percentage of the future revenue of the practice.
Legislation and Public Policy
FTC Bans Non-Competes: What It Means for You
The Federal Trade Commission (FTC) recently enacted a regulation that would effectively ban non-compete agreements for almost all employers. Unless the rule is blocked by legal challenges, it will take effect on September 4.
Long Island Business News hosted a webinar on June 26, which explored the ban’s viability. Ken Novikoff, who leads Rivkin Radler’s…
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…
Fader Co-Authors Article, Presents Podcast on Neuromonitoring “Surgeon Deals”
Rivkin Radler Partner Eric Fader co-authored an article in the March-April issue of SpineLine, the magazine of the North American Spine Society (NASS). The article, “OIG Advisory Opinion Cautions Against ‘Surgeon Deals’ in Neuromonitoring,” was written with Rich Vogel, PhD, DABNM, FASNM, the current President of the American Society of Neurophysiological Monitoring…
CT New Law Alert: Medical Debt Cannot be Reported to Credit Agencies
Connecticut Governor Ned Lamont recently signed a new bill into law that prohibits healthcare providers from reporting patients’ medical debt to credit rating agencies. The law goes into effect on July 1, 2024. In addition, any contracts signed by healthcare providers with credit rating agencies on or after July 1, 2024 must include explicit language…
Conducting HIPAA Breach Assessments and Disclosures: Requirements and Tips for Success
On Thursday, June 13, in the next installment of Rivkin Radler’s Healthcare Compliance Lunch & Learn series, Rivkin Radler partner Ashley Algazi will present ”Conducting HIPAA Breach Assessments and Disclosures: Requirements and Tips for Success.” The program will take place from 12:00 noon to 1:00 PM Eastern time via Zoom.
Some of the topics covered…
FTC Issues New Rule to Abolish Non-Compete Agreements
On Tuesday, April 23, the Federal Trade Commission (FTC) issued a final rule designed to promote competition and new business formation that, when effective, will impose a nationwide ban on non-compete agreements across all industries.
Existing non-compete agreements for employees will become unenforceable. Existing non-competes for senior executives can remain in force, but employers will…
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…
Federal Rules Limit “Junk” Health Plans
On March 28, the U.S. Departments of Health and Human Services, Labor and the Treasury collectively issued final rules with respect to short-term and limited duration insurance (STLDI) plans in an effort to reduce healthcare costs by protecting consumers from purchasing such “junk” health plans that may provide little to no coverage in many scenarios. …
FDA Sends a Message with Two Warning Letters to Amazon
Marc S. Ullman, of counsel to Rivkin Radler, wrote the March 28 article “FDA sends a message with two warning letters to Amazon” in Natural Products Insider.
In the article, Marc explains the importance of the FDA warning letters on homeopathic “supplements” and products that contain active pharmaceutical ingredients. Marc writes, “During the…