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
DOJ Statement of Interest Filed Prohibiting Dysphoria Medical Coverage
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”…
Is It Time for Medically Assisted End of Life?
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…
Flo Health Data-Sharing Case Ends in Major Jury Verdict Against Meta
Meta Inc., the parent company of Facebook, Instagram and WhatsApp, has been found liable by a California federal jury for improperly using sensitive reproductive health data to run targeted ads, in a case involving the popular Flo Health period-tracking app. Eight women brought the lawsuit on behalf of a class of up to 38 million…
Aspen Dental Settles Data-Sharing Class Action
Dental service organization (DSO) Aspen Dental has agreed to pay $18.7 million to resolve claims that it secretly shared web user data with Meta and Google, without obtaining users’ consent or informing them.
The claims are part of a class action lawsuit brought against Aspen Dental in Illinois State Court, accusing the DSO of violating…
Kaiser to Present on “Enforcement Trends Impacting the Drug and Device Industries” Panel
On September 18, Rivkin Radler’s Jeff Kaiser will participate on a panel at Practising Law Institute’s Life Sciences 2025: Navigating Legal Challenges in Drug and Device Industries. Jeff’s panel is entitled “Enforcement Trends Impacting the Drug and Device Industries.”
Held at PLI’s NY Conference Center, located at 1177 Avenue of the Americas, the program will…
The Feds Have Home Care Kickback Arrangements in Their Crosshairs
The federal government has demonstrated that it is more than willing to use the United States criminal code to prosecute home care agencies that pay unlawful financial inducements to generate referrals in violation of the Anti-Kickback Statute (AKS).
In a superseding indictment unsealed in March 2025, the United States Attorney’s Office for the Eastern District…
DOJ Targeting Healthcare for False Claims Act Enforcement
An article in the August issue of Healthcare Risk Management, “DOJ Targeting Healthcare for False Claims Act Enforcement,” discussed recent enforcement activity by the U.S. Department of Justice (DOJ) under the False Claims Act (FCA). Rivkin Radler’s Jeff Kaiser was quoted in the article.
Jeff predicted that the FCA will continue to…
Expert Witness Report in FCA Case Afflicted with AI Hallucinations
The epidemic of out-of-control generative artificial intelligence in litigation filings has metastasized to a False Claims Act (FCA) lawsuit against a group of Utah anesthesiologists. On July 25, Mountain West Anesthesia, LLC and individual defendants in the case moved to bar the testimony of a medical billing expert whose report was riddled with AI-generated errors…
NY Medical Transport Owner Sentenced for Medicaid Fraud
The owner of Sublime Medical Transportation in Schenectady County, New York was recently sentenced to three to nine years in state prison for orchestrating a large Medicaid fraud scheme. Muhammed Adnan Saeed netted over $700,000, along with more than $60,000 in unemployment benefits to which he was not entitled.
Between 2019 and 2023, Saeed routinely…
