Over the past few years, hospitals and colleges have announced vaccination requirements for staff as a condition of employment. This announcement was tied in part to the U.S. Centers for Medicare and Medicaid Service (CMS) requiring eligible healthcare providers have...
New York Health Care Law Blog
What happens when a nurse is accused of unprofessional conduct?
Although there are some rules, almost anyone can claim a nurse acted unprofessionally. The New York State Education Department’s Office of the Professions (OP) will investigate these allegations and if the investigation supports the allegations move forward with...
Diagnostic testing facility owners get 3 years imprisonment for healthcare fraud
The Department of Justice (DOJ) recently announced the sentences for two New York diagnostic testing facility owners. New York officials announced the charges against the two, a married couple, for various healthcare fraud crimes including the payment of over $18...
Four common examples of illegal kickbacks under the Anti-Kickback Statute
The Anti-Kickback Statute (AKS) is a broad federal law that makes it illegal to knowingly and willfully offer something of value in exchange for patient referrals reimbursed by federal health care programs. The Centers for Medicare and Medicaid Services (CMS) argue...
How can I protect myself from allegations of healthcare fraud?
Healthcare fraud is a serious crime that, if convicted, can come with harsh financial penalties and, in serious cases, potential imprisonment. Healthcare providers are wise to take this issue seriously and take steps to reduce the risk of allegations of wrongdoing....
What should I know about federal audits and allegations of Medicare overpayments?
The government recently announced the findings of a series of audits conducted on Medicare billing from 2011 through 2013. The audits allegedly find that the government overpaid various organizations more than $12 million in claims during this relatively short time...
What do I need to know before selling my medical practice?
Getting ready to sell a medical practice is a big step. Whether looking towards retirement, a volunteer focus, or other endeavors it is important to take time and care when going through this transition. When done wisely you can not only get a decent price for the...
3 times New York officials can revoke a medical license, and what you can do about it
The state tasks the New York Office of Professional Medical Conduct (OPMC) with ensuring patients receive safe medical care. There are certain situations when these officials can revoke a physician’s license to practice in New York. Three of the most common include...
EKRA in 2022: What do we know about the law and its impact on labs?
Lawmakers passed the Eliminating Kickbacks in Recovery Act (EKRA) in 2018. At the time, Congress touted it as a way to hold bad actors accountable for illegal kickbacks in drug treatment centers. Even then legal leaders voiced concern that the language within the law...
Crime and medicine: What types of charges can a doctor face?
Physicians work to keep their patients healthy. Sometimes this can come with tough questions, such as the best way to manage pain. Although medications like oxycodone can help, the federal government has cracked down on the reasoning to prescribe this medication due...