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
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…
Due Diligence: A Critical Component of any Transaction
In our previous article, we detailed the role and importance of the letter of intent (LOI) in establishing a framework for selling a dental practice. Now we will discuss the next step in the transaction – performing due diligence.
Due diligence is the process through which each party evaluates the other party(ies) to determine…
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”
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…
NJ DME Company Owner Pleads Guilty to Kickback Scheme
The U.S. Attorney’s Office for New Jersey recently announced that Alexander Schleider of Lakewood pleaded guilty to wire fraud and conspiracy to commit healthcare fraud in a durable medical equipment (DME) kickback scheme.
Schleider owned and operated several DME companies that provided orthotic braces to beneficiaries of Medicare and other healthcare benefit programs regardless of…
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…
NY Pharmacy Owner and Manager Indicted for Medicaid Fraud
New York State Attorney General Letitia James recently announced that the owner and manager of Santiago Pharmacy in Flushing, Queens, were indicted for paying kickbacks to Medicaid recipients in exchange for filling their HIV prescriptions at the pharmacy.
Juan Poveda, the owner, and Javier Burbano, the pharmacy manager, were charged with grand larceny, health care…
Letters of Intent – Negotiating the Framework of Your Transaction
In our last installment, we discussed some of the initial steps involved in the process of selling a dental practice, including preparing your practice for sale and finding a potential suitor. Specifically, we described ways in which sellers can find potential buyers and work with advisors and brokers to evaluate the best fit. In…
Compliance Issues and Trends in Healthcare Transaction Laws
- An analysis of the recently enacted New York Public Health Law Article 45-A, regarding disclosure of material transactions to the
