The New York State Office of the Medicaid Inspector General (“OMIG”) issued a Listserv Notice on June 26, 2025 advising that its Compliance Program Reviews (“CPRs”) beginning after July 1, 2025, will use a 12-month Review...more
Despite changes in many priorities, the federal government’s scrutiny of relationships between hospitals and physicians continues well into 2025. Last month, Community Health System (CHS) in California and its affiliate,...more
A COVID-era law targeting understaffing at health care facilities has seen its first significant settlement, serving as a signal to other New York facilities to address staffing issues in a timely manner or face fines....more
Harris Beach Murtha invites you to join us as we discuss key employment law issues affecting physician practices in New York State. Topics will include Restrictive Covenants, Handling Sexual Harassment in the Workplace, Paid...more
5/1/2025
/ Continuing Legal Education ,
Employee Benefits ,
Employment Contract ,
Employment Policies ,
Health Care Providers ,
Healthcare Workers ,
Hiring & Firing ,
Human Resources Professionals ,
New York ,
Paid Family Leave Law ,
Physicians ,
Restrictive Covenants ,
Sexual Harassment ,
Wage and Hour ,
Webinars
Federal regulators recently won a large legal victory when the Fifth Circuit Court of Appeals upheld several provisions of the rule regulating Qualified Payment Amount (“QPA”) calculations under the No Surprises Act (the...more
1/8/2025
/ Appeals ,
Compliance ,
Department of Health and Human Services (HHS) ,
Disclosure Requirements ,
Dispute Resolution ,
Final Rules ,
Health Care Providers ,
Health Insurance ,
Healthcare ,
Insurance Litigation ,
Out of Network Provider
The New York State Department of Financial Services (DFS) recently announced it has adopted Pharmacy Benefit Manager Market Conduct Regulations to promote patient access to prescription drugs and to protect independent...more
Share Federal regulators recently won a large legal victory when the Fifth Circuit Court of Appeals upheld several provisions of the rule regulating Qualified Payment Amount (“QPA”) calculations under the No Surprises Act...more
The New York State Department of Health is holding off implementation of a legal provision separating patient consent for treatment and patient consent for payment after receiving concerns from the medical community that the...more
Out-of-network health providers recently won a huge legal victory when the Fifth Circuit Court ruled that federal guidelines regarding Independent Dispute Resolution (“IDR”) proceedings were unlawfully slanted in favor of...more
On June 28, 2024, the U.S. Supreme Court issued a decision in Loper Bright Enterprises v. Raimondo, and a companion case entitled Relentless, Inc. v. Raimondo, that upended a 40-year-old paradigm of judicial review of federal...more
7/2/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Constitutional Challenges ,
Environmental Protection Agency (EPA) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
A ransomware attack on Change Healthcare, a technology company owned by UnitedHealth that touches one of every three U.S. patient records, has resulted in hospitals and pharmacies across New York facing a cash crunch.
The...more
The New York State Department of Financial Services has issued draft proposed comprehensive regulations of Pharmacy Benefit Managers (PBMs) in an attempt to eliminate anti-competitive activity and control prescription drug...more
New York Gov Kathy Hochul is touting her proposed statewide cybersecurity regulations for hospitals and health systems as “nation-leading,” and, if approved, those entities will have until February 2025 to comply with the new...more
11/20/2023
/ Chief Information Security Officer (CISO) ,
Community Health Systems ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Facilities ,
Hospitals ,
New Regulations ,
New York ,
PHI ,
Security Risk Assessments
After dozens of class-action lawsuits filed against health care providers across the country alleging their websites shared patient information with social media sites such as Facebook and Instagram, providers are again urged...more
The Texas Medical Association is yet again challenging the federal government’s implementation of the independent dispute resolution process established by the No Surprises Act, this time arguing the $350 fee to initiate the...more
A New York State Supreme Court Justice recently ruled the state’s Covid-19 vaccine mandate for health care workers is “null, void and of no effect.”
Justice Gerard Neri ruled the state overstepped its authority by...more
As proposed, the Federal Trade Commission’s proposed rule to prohibit employers from using non-compete clauses in employment agreements would have sweeping impact on health care practices and hospitals employing restrictive...more
1/18/2023
/ Biden Administration ,
Employment Contract ,
Executive Orders ,
Federal Trade Commission (FTC) ,
FTC Act ,
Healthcare ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants
Nonprofit hospitals, nursing homes and other care providers are now prohibited from placing liens on patient homes or garnishing patient wages to collect medical debts in New York.
Gov. Kathy Hochul signed the law...more
A major healthcare system recently experienced a ransomware attack that affected patient care, showing once again the importance of hospitals and other healthcare facilities implementing comprehensive cybersecurity plans. ...more
On August 3, 2022, the New York State Department of Health (“DOH”) published an MRT Listserv notice announcing the launch of the Health Care & Mental Hygiene Worker Bonus (HWB) Program and Submission Portal.
The Health...more
The ripple effect from the U.S. Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization has prompted the federal Office of Health and Human Services (HHS) to reinforce core principles of privacy compliance. HHS...more
8/3/2022
/ Biden Administration ,
Department of Health and Human Services (HHS) ,
Dobbs v. Jackson Women’s Health Organization ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Mobile Health Apps ,
New Guidance ,
OCR ,
PHI ,
Privacy Policy ,
Reproductive Healthcare Issues ,
Roe v Wade ,
SCOTUS
Negative online reviews for medical procedures can sting. But suing a disgruntled patient for defamation can add insult to injury, as a recent appeals court decision makes clear....more
Today, in Cummings v. Premier Rehab Keller, P.L.L.C., 596 U.S. __ (2022), in a 6-3 decision, the U.S. Supreme Court held that emotional distress damages are not recoverable in a private action to enforce the Rehabilitation...more
Earlier this month, the New York State Department of Health announced that Brett Friedman, who replaced Donna Frescatore in 2021 as the New York State Medicaid Director, is leaving the Medicaid Program. The Commissioner of...more
With its trove of sensitive patient and personal data and increasingly digitized records, the health care industry is always vulnerable to cyberattacks and data breaches. But in light of Russia’s invasion of Ukraine and...more