The U.S. Attorney’s Office for the Southern District of New York announced on August 21 that Niranjan Mittal, a Brooklyn-based cardiologist, was sentenced to 37 months in federal prison. Mittal pleaded guilty to violating the federal Anti-Kickback Statute (AKS) in connection with a fraudulent scheme that lasted roughly seven years and resulted in over $40…

The U.S. Department of Health and Human Services’ Office of Inspector General (OIG) has issued a favorable Advisory Opinion for a non-profit foundation receiving donations from an affiliated company. The company in this case offers family-based therapy for children with a redacted “Disorder” (presumably autism), where the goal of the therapy sessions is to train…

New York’s Consumer Directed Personal Assistance Program (CDPAP) has long been the subject of enforcement at the New York State Attorney General’s Office (AG). Many of those enforcement actions involve caregivers who billed Medicaid for CDPAP services never provided but sometimes also implicate agencies that are responsible for processing caregiver payments and protecting against fraud.…

The Federal Trade Commission (FTC) has formally abandoned its effort to implement a nationwide prohibition on employer non-compete agreements, marking the end of one of the most closely watched regulatory battles in recent years. While the sweeping ban will not take effect, the agency has made clear that restrictive covenant practices remain firmly on its…

On Thursday, September 18, in the next installment of Rivkin Radler’s Health Law Executive Briefings, Chris Kutner and Ashley Algazi will present “How to Handle Payer Record Request and Subsequent Demand for Alleged Overpayments.”

The presentation will provide a comprehensive review of the issues and best practices for responding to, and defending against, payer audits.

The New York Attorney General’s office recently announced an agreement with MVP Health Care under which the insurer will pay $250,000 in penalties, fees, and costs to the state for maintaining an inaccurate mental health provider directory. The settlement is the first arising out of an investigation of so-called “ghost networks” by Attorney General Letitia…

New York State’s Medicaid Home Care program pays for in-home personal care services. New York’s program has long been the best in the country.  One underlying policy behind the program was that people should have every opportunity to remain in the community.  A community focus provides two benefits: the social benefit derived from keeping people…

The U.S. Department of Justice recently issued a press release concerning a Statement of Interest that shields small businesses from being forced to provide medical coverage for gender dysphoria.

In Bernier v. Turbocam et al., the Plaintiff, who identifies as a woman and has been diagnosed with gender dysphoria, claims denial of “medically necessary”…

While a 2024 poll indicated New Yorkers’ overwhelming support for New York’s Medical Aid in Dying Act for terminally ill people (M.A.I.D.), the act had not been approved by the legislature each time it had been presented, despite support from the New York State Bar Association, the American College of Legal Medicine, the New York…