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Quality of Care Considerations in OIG’s Nursing Facility Compliance Guidance

In November 2024, the U.S. Department of Health and Human Services’ Office of the Inspector General (“OIG”) published the long-awaited Industry Segment-Specific Compliance Program Guidance for Nursing Facilities (“Nursing...more

[Webinar] Lunch and Learn Series: Implementing an Effective Compliance Program: A Focus on Element Seven - June 8th, 12:00 pm -...

Please join us for the June Lunch and Learn as Robert Hussar and John Queenan present on the seventh required element of an Effective Compliance Program. They will discuss: - Responding to Compliance Issues...more

NY Amends Home Care Worker Minimum Wage

One of the many new provisions enacted as part of the 2023-2024 New York State Budget was an increase in the minimum wage for home care workers. Initially, it is important to note that the $1 hourly increase in the minimum...more

NY Trial Courts Strictly Apply New Uniform Rule Requiring Statement of Material Fact

As discussed in detail in our March 2021 article regarding the changes made to the Uniform Rules of the New York Supreme and County Courts earlier this year, new Rule 202.8-g requires that a Statement of Material Facts be...more

Criminal Prosecution Power Of Justice Center Limited By NYS Court Of Appeals

On March 30, 2021, the New York Court of Appeals dealt a blow to the prosecutorial power of the Justice Center for the Protection of People with Special Needs (“Justice Center”). The Court, in People v. Viviani, et. al.,...more

Administrative Order 270/20 Brings Change To The Uniform Rules

Chief Administrative Judge Larry Marks recently issued Administrative Order 270/20 (“AO 270/20”), which, effective February 1, 2021, incorporated certain aspects of the Rules of the Commercial Division into the Uniform Rules...more

New Executive Orders Aid OPWDD Facilities amid COVID-19

In our prior bulletin, we discussed the likely lack of civil immunity from Justice Center enforcement actions conferred in other contexts by Executive Order 202.10. However, other Executive Orders provided some relief in the...more

Little COVID-19 Relief for Facilities and Providers Subject to Justice Center Actions

Although Executive Order 202.10 gave health care providers some immunity for COVID-19 related care, this immunity does not extend to actions by the Justice Center for the Protection of People with Special Needs (“Justice...more

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