Business owners and investors who enter the healthcare industry are likely motivated by the potential for financial gain. In many cases, investors and owners of nursing home facilities can not only join a market that will likely result in a profit but may also help...
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New York Health Care Law Blog
How do I market my practice without violating the AKS?
The Anti-Kickback Statute (AKS) is a federal, criminal statute that makes it illegal to provide any form of remuneration in exchange for referrals of patients who receive benefits from government programs, like Medicare. This includes everything from cash payments for...
COVID-19 tests and EKRA: OIG calls for more scrutiny
The US Department of Health and Human Services’ Office of the Inspector General (OIG) recently released a report calling on federal agencies to review diagnostic and testing laboratories that bill for COVID-19 tests. The agency encourages those who review these labs...
How will New York handle the nursing shortage?
New York needs more nurses. Recent estimates find the state will need to hire 30,000 new nurses within the next ten years to fill current vacancies. Take this information into account with current projections and the state could face a 40,000 nurse shortage by 2030....
What is “unprofessional conduct” in nursing in New York?
The term unprofessional conduct seems relatively simple. If we want a definition, we can look at each word, right? Unfortunately, even relatively simple matters like the definition of a word can become complicated. The New York State Education Department has very...
How does the government build a healthcare fraud case?
The government takes allegations of healthcare fraud seriously. It will aggressively investigate and look to move forward with prosecution if evidence supports the allegations. When investigating, the government will look for potential violations including billing...
New York midwife accused of healthcare fraud
Government officials are focusing on pandemic-related fraud. President Joseph Biden made this clear last year in his State of the Union address when he announced that the “watchdogs are back!” He referenced the sentiment in his most recent address just a few months...
What do I need to know before I start marketing my healthcare center?
Those who go into healthcare generally want to help the communities they serve. In today’s market, this can mean that you need to advertise to let patients know about the different services your healthcare center offers and how it may stand out from other options when...
What happens when a nurse practitioner faces allegations of healthcare fraud?
Allegations of healthcare fraud can do more than tarnish your professional reputation — they can lead to serious criminal penalties. In a recent example, the government accused a nurse practitioner and registered nurse of defrauding Medicare of over $10 million. The...
Could the medical board investigate me for ordering a drug test for my patient?
Those who practice medicine work to protect their patients. This can mean a need to order tests to check on the safety and health of a patient. But what happens if that patient disagrees or forgets that they consented to the test? Do patients complain about medical...

