516-227-0700

Helping providers cope with complex transactions and ever-changing regulations.

In a heavily regulated and rapidly changing healthcare industry, companies and professionals need knowledgeable, experienced lawyers to guide them through the maze of government regulations, negotiate corporate transactions, and advocate on their behalf in complex litigations. On Long Island, in Albany, and in the New York metropolitan area, they find what they need in the healthcare law attorneys at Farrell Fritz.

Experienced in All Facets of Healthcare Law

Our practice encompasses representation in transactional and regulatory matters, litigation, and corporate counseling. We understand the healthcare industry, the laws, and the regulatory bodies that govern them. Our healthcare team includes attorneys who have worked at government agencies and top New York City law firms.

Our healthcare attorneys provide guidance on complex transactions including corporate structure and reorganization, mergers and acquisitions, financing and affiliations. We help clients deal with government regulations such as federal and state fraud and abuse laws and professional practice laws.

Farrell Fritz defends healthcare professionals in numerous types of matters, including threatened exclusion from the Medicare and Medicaid programs, termination from insurance plans, allegations of false claims or misconduct, and claims audits.

Across the Healthcare Continuum

We help providers—including hospitals, physicians and other healthcare professionals, physician groups, treatment centers and managed care organizations—meet their strategic goals. Our clients range from academic medical centers to community hospitals, ambulatory surgery centers to federally qualified health centers, skilled nursing facilities to home care providers and hospice, and large commercial insurers to smaller Medicaid managed care plans.

We understand the unique issues faced by pharmaceutical and medical equipment manufacturers and life science and biomedical researchers, as well as providers of mental health, substance use disorder, and intellectual and developmental disability services. We work closely with the Department of Health, Office of Mental Health, Office of Alcoholism and Substance Abuse Services, Office for People with Developmental Disabilities, and other agencies that regulate the healthcare sector.

On Top of Today’s Challenges and Emerging Issues

Understanding the changing face of healthcare—from new technology and financial and regulatory pressures to the increasing wave of provider consolidations—is no small feat. Managing them is more difficult still. Our healthcare lawyers:

  • Help providers operate in the new value-based purchasing (VBP) environment. We work to ensure they understand the implications of new risk arrangements and the best ways to construct those arrangements, drafting and memorializing agreements, and providing litigation services when contracting parties do not live up to their agreements. We also help providers access the financial support available to assist in their transition to the new VBP environment.
  • Advise clients interested in (or forced into) potential consolidations. We help them identify the optimal partners—of the same provider type or across provider types—and arrangements. Even more important, when providers are being forced into consolidations, we can help push back against unfair legislation and regulations.
  • Help providers and payors respond to the challenges of emerging healthcare delivery technologies. We leverage our in-depth understanding of state and federal tele-health regulations to help providers operate on the cutting edge of healthcare technology while remaining in compliance.

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Professionals

Robert C. Creighton

Partner
Uniondale

Christopher P. Daly

Partner
Uniondale

George J. Farrell Jr.

Partner
Water Mill

Stephen F. Melore

Partner
Uniondale

Kevin P. Mulry

Partner
New York City

Charles M. Strain

Partner
Uniondale

Mark R. Ustin

Partner
Albany

Kristina M. Wesch

Partner
Uniondale

Vanessa E. Bongiorno

Government Relations Director
Albany

Marty G. Bunin

Counsel
New York City

Veronique A. Urban

Associate
Uniondale

Recent Blog Posts

CBD 101: Just the Facts

No matter where you look lately it seems like you can find a store selling CBD-based items or find an…

July 09, 2019

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July 09, 2019

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New York Court of Appeals Rules that an Insurer May Withhold Payments to a Medical Service Corporation Improperly Controlled by Non-Physicians without A Finding of Fraud

On June 11, the New York Court of Appeals, in Andrew Carothers, M.D., P.C. v. Progressive Insurance Company, 2019 NY…

June 25, 2019

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June 25, 2019

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Second Circuit Holds Case Challenging Marijuana Classification As Schedule I Drug In Abeyance Pending Agency Exhaustion

Last week, in Washington v. Barr, the Second Circuit addressed a case seeking to strike down the federal government’s classification…

June 03, 2019

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June 03, 2019

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Home Health Care Aides Working Twenty-Four Hour Shifts Can Be Paid For Thirteen Hours If Employer Meets Sleep and Meal Time Requirements

Home health care aides working twenty-four hour shifts can be paid for as little as thirteen hours under certain conditions,…

April 16, 2019

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April 16, 2019

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NYS 2019-2020 Budget Does Not Provide for Recreational Marijuana Legalization

The New York State budget, which took effect yesterday to start the new fiscal year on Monday, April 1, does…

April 02, 2019

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April 02, 2019

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Is the Bankruptcy Code Provision on Disposal of Patient Records Useless?

Section 351 of the Bankruptcy Code permits a health care business in bankruptcy to dispose of patient records if it…

March 21, 2019

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March 21, 2019

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EDNY False Claims Act Overfill Decision Highlights Importance of Timely Naming All Defendants

EDNY Judge Nina Gershon analyzed several False Claims Act issues in United States ex rel. Omni Healthcare Inc. v. McKesson…

February 18, 2019

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February 18, 2019

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New York Continues To Move Towards Legalization of Recreational Marijuana

On January 15, 2019, Governor Andrew Cuomo delivered his 2019 State of the State Address. Part of his address centered…

February 12, 2019

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February 12, 2019

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2019 Executive Budget Expands OMIG Oversight Authority

Since the advent of the Medicaid managed care program there has been a lingering question as to when a Medicaid dollar…

January 29, 2019

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January 29, 2019

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When Should the Appointment of a Patient Care Ombudsman for a Health Care Business in Bankruptcy Be Excused?

When a health care business files for bankruptcy, the appointment of an ombudsman to monitor the quality of patient care…

January 22, 2019

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January 22, 2019

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Need For Discretion In Civil DOJ Cases Drives Rosenstein To Modify Yates Memorandum Individual Accountability Policy

In federal criminal investigations, corporate health care providers have faced a Department of Justice increasingly focused on individuals, one that…

December 18, 2018

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December 18, 2018

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Marijuana Regulation in New York – A Look Forward to 2019

The Compassionate Care Act has expanded and changed each year since Governor Andrew M. Cuomo signed it into law in 2014…

December 05, 2018

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December 05, 2018

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Medicaid Providers: Don’t Forget to Include Your Annual Compliance Program Certification to Your Holiday “To-Do” List.

As New Yorkers are preparing for Thanksgiving and the official start to the holiday season (although some could argue it…

November 20, 2018

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November 20, 2018

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Newly Enacted Consumer Directed Personal Assistance Program Advertisement Regulation Challenged in Federal Court

  As recounted in our recent analysis of the 2018-19 New York State Budget (“Enacted Budget”), the Enacted Budget included…

November 14, 2018

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November 14, 2018

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What Happened on Election Day – and What It Means for Healthcare Policy in New York State

  As pundits continue to argue about the nature and extent of the “Blue Wave” that did or did not…

November 09, 2018

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November 09, 2018

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NY Court of Appeals Strikes Down DOH Limits On Use Of Private Funds For Executive Compensation And Upholds Limits On Use Of Public Funds

Last week, in LeadingAge New York, Inc. v. Shah, the New York Court of Appeals addressed Department of Health regulations…

October 22, 2018

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October 22, 2018

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Should New York State Require Hospitals To Insure Medical Malpractice Claims?

              New York State does not require hospitals to insure medical malpractice claims, either…

September 26, 2018

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September 26, 2018

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N.Y. Court of Appeals Reinstates Justice Center’s Oversight of Provider Agencies

New York State Court of Appeals, Albany, New York Earlier this Summer, the Court of Appeals overturned the Appellate Division…

September 18, 2018

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September 18, 2018

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Second Circuit Answers First-To-File Question: Amended Complaint Cannot Save Later-Filed FCA Action

In United States ex rel. Wood v. Allergan, Inc., the Second Circuit addressed the issue of whether a violation of…

September 10, 2018

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September 10, 2018

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Community Health Centers Receive Quality Improvement Grants

  Just over one year ago, I wrote about the Department of Health and Human Service’s (“HHS”) $105 million award…

September 03, 2018

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September 03, 2018

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State Reallocation of FRAP Funds Not Barred By the ACA

As the battle over the future of the Affordable Care Act (the “ACA”) continues, New York State scored a big…

August 28, 2018

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August 28, 2018

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New York Creates Workgroup for Regulated Adult-Use Marijuana

This post is written in connection with my colleague Vanessa Bongiorno’s recent post, where she eloquently summarized the New York…

August 20, 2018

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August 20, 2018

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DOH Issues Request for Information for New LHCSA Need Methodology

As we previously reported, the 2018-19 New York State Budget passed in March includes significant provisions intended to reduce the…

August 16, 2018

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August 16, 2018

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“Able New York”: The Latest ADA-Related Initiative May Create New Requirements for Long Term Care Providers

This past July 26, 2018 was the 28th anniversary of the Americans with Disabilities Act (“ADA”), landmark civil rights legislation…

August 08, 2018

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August 08, 2018

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NY Court of Appeals Rejects Hospital’s Bid To Cloak Allegedly Defamatory FDA Investigation Statements With Absolute Immunity

The recent New York Court of Appeals decision in Stega v. New York Downtown Hospital provides strong support for defamation…

July 31, 2018

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July 31, 2018

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NYS Department of Health Report Green Lights Legalization of Marijuana

  In January 2018, during the Executive budget address, Governor Cuomo directed the Department of Health (DOH) to review the…

July 25, 2018

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July 25, 2018

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Medical Director Agreements – What you don’t document could hurt you.

Unlike most other types of employment arrangements involving physicians, physicians acting as a medical director are compensated purely for the…

July 16, 2018

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July 16, 2018

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Legislation Affecting Public Health

This post marks the end of our series on recent activity by the New York State Legislature in the health…

July 11, 2018

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July 11, 2018

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Legislation Affecting Services for People with Intellectual and Developmental Disabilities

Our series highlighting recent activity by the NYS Legislature (introduced here) continues with a recap of bills passed in 2018 that…

July 09, 2018

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July 09, 2018

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Legislation Affecting Behavioral Health

Our series highlighting recent activity by the NYS Legislature continues with a recap of bills passed in 2018 that relate…

July 06, 2018

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July 06, 2018

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Legislation Affecting Long Term Care & Aging

The latest installation in our series on legislation recently passed by the New York State Legislature (introduced here) addresses legislation…

July 02, 2018

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July 02, 2018

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Legislation Affecting Hospitals

As we noted in previous blogs, the New York State Legislature has addressed a number of significant hospital related issues…

June 28, 2018

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June 28, 2018

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Legislation Affecting the Pharmaceutical Industry

During a year in which legislative activity was restrained by a variety of factors, most notably the Senate’s inability to…

June 27, 2018

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June 27, 2018

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Healthcare Bills Passed in the 2018 Legislative Session

The scheduled 2018 New York State Legislative Session concluded last week amid many of the same speculations and controversies that…

June 26, 2018

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June 26, 2018

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Congressional Appropriations Riders Suspended Affordable Care Act Mandates On Risk Corridors Program

In a decision last week that could affect $12 billion that insurers assert is owed by the federal government, the Federal…

June 19, 2018

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June 19, 2018

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New York State Receives Passing Grades On Its First DSRIP Report Card

  Earlier this month the New York State Department of Health released the first results of its recently adopted Medicaid…

June 11, 2018

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June 11, 2018

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The Doctor Is In – From a Distance; Telemedicine Caveats

While there has been discussion of the potential proliferation of telemedicine for quite some time, telemedicine is finally positioned to…

June 05, 2018

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June 05, 2018

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NYS Department of Health Announces Workforce Retraining Funding Opportunity

The New York State Department of Health (DOH), in consultation with the Department of Labor (DOL), recently announced a Request…

May 29, 2018

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May 29, 2018

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DOH Issues Additional Guidance on New LHCSA Moratorium and other Restrictions Imposed by the 2018-19 Enacted New York State Budget.

    Providing Care at Home As we reported in our annual series highlighting the various healthcare related provisions of…

May 22, 2018

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May 22, 2018

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Worker Cooperatives and Health Care

New York State healthcare policymakers have always had a lukewarm relationship with for-profit providers.  While in some sectors the for-profit…

May 15, 2018

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May 15, 2018

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EDNY Decision Highlights False Claims Act Public Disclosure Bar, Original Source Rule

EDNY Judge Brian Cogan recently addressed the False Claims Act public disclosure bar and original source rule in a decision…

May 08, 2018

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May 08, 2018

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Seeking Interoperability: Centers for Medicare & Medicaid Services

As we have discussed in an earlier blog post, the federal administrative agencies have been placing greater emphasis on being…

April 30, 2018

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April 30, 2018

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Cannabis Industry Update – April 2018

With so much happening in the cannabis industry we thought we’d take this time to highlight some of the industry’s…

April 25, 2018

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April 25, 2018

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The Broadest Impact:  2018-19 New York State Managed Care Budget Highlights

  The Broadest Impact:  2018-19 NYS Managed Care Budget Highlights This, the last of our posts on the 2018-19 New…

April 17, 2018

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April 17, 2018

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Small Issues with Big Impacts:  2018-19 New York State Hospital Budget Highlights

  Small Issues with Big Impacts:  2018-19 NYS Hospital Budget Highlights There are probably few in the healthcare community in…

April 12, 2018

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April 12, 2018

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A Renewed Focus: 2018-19 New York State Intellectual and Developmental Disabilities Budget Highlights

    A Renewed Focus: 2018-19 NYS Intellectual and Developmental Disabilities Budget Highlights Since the beginning of the administration of…

April 11, 2018

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April 11, 2018

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Responding to the Opioid Crisis and More:  2018-19 New York State Behavioral Health Budget Highlights

Responding to the Opioid Crisis and More:  2018-19 NYS Behavioral Health Budget Highlights Several provisions in the recently adopted 2018-19…

April 09, 2018

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April 09, 2018

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Fewer Home Care Providers, But More Assisted Living Programs: Long Term Care Reforms in 2018-19 New York State Budget

New York increases Assisted Living Beds in 2018-19 Enacted Budget While much of the public attention this year on healthcare…

April 06, 2018

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April 06, 2018

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Pharmaceutical Reforms in 2018-19 New York State Budget

Pharmaceutical provisions in the 2018-2019 Enacted New York State Budget Notwithstanding the enactment of a first-in-the-nation drug spending cap last…

April 05, 2018

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April 05, 2018

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State Authorizes Another $525 Million in Capital Grants for Providers

Periodically over the years, and consistently since 2005, the New York State Department of Health (DOH) has received funding through…

April 04, 2018

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April 04, 2018

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2018-19 New York State Healthcare Budget

New York State Healthcare Budget 2018-19 In the wee hours of the morning on March 30, almost two days ahead…

April 03, 2018

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April 03, 2018

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EDNY Decision Shows Breadth of Fraud Restitution Recoverable By Hospital For Mold-Contaminated Intravenous Bags

A hospital victimized by the sale of adulterated and mislabeled drug products successful obtained a Court order imposing restitution of…

March 27, 2018

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March 27, 2018

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NYS Senator Gillibrand To Co-Sponsor Marijuana Justice Act

As we’ve discussed in previous blog posts, marijuana, whether used for medicinal or recreational purposes, is classified as a Schedule…

March 20, 2018

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March 20, 2018

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Healthcare Business Owners—HIPAA Still Applies After Closing Down Your Business

Filefax, Inc. (“Filefax”), an Illinois company that intimately handled sensitive Personal Health Information (“PHI”), paid $100,000 to the Department of…

March 12, 2018

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March 12, 2018

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New York State’s Prohibition of the Corporate Practice of Medicine – A Not-So-Gentle Reminder

Spurred in large part by the changing landscape of medicine, more and more medical professionals are seeking to become a…

March 05, 2018

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March 05, 2018

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DOJ Memoranda Encourage Dismissal of Declined False Claims Act Cases and Prohibit Government Reliance on Noncompliance with Agency Guidance Theory of Liability

The Department of Justice issued two memoranda at the start of 2018 that may have important effects on health care…

February 27, 2018

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February 27, 2018

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New York May Consider Recreational Marijuana Legalization

New York is currently taking steps to investigate the possible legalization of recreational marijuana in New York. In July 2017…

February 20, 2018

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February 20, 2018

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Second 2018 Government Shutdown, Congressional Budget Deal and Healthcare

Just as everyday Americans were preparing their lives for a second United States government shutdown since the turn of the…

February 12, 2018

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February 12, 2018

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Ethical Considerations For Attorneys in Light of the Rescission of the Cole Memorandum

As discussed in our January 5th blog post, the Cole Memorandum was rescinded by Attorney General Jeff Sessions on January 4th…

February 01, 2018

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February 01, 2018

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Angry Text Message Recipient Loses Court Challenge On Flu Shot Reminder

It’s flu season again. Your PCP at WPMG is thinking of you! So began the health care provider’s text message…

January 29, 2018

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January 29, 2018

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Federal v. State Trademark Registration for Marijuana-Related Goods and Services

Despite numerous states having legalized medical marijuana, and a handful of others having legalized marijuana for recreational use, it still…

January 23, 2018

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January 23, 2018

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What are Your Thoughts on the Draft Trusted Exchange Framework?

On January 5, 2018, the United States Department of Health and Human Services released for public comment a draft Trusted…

January 15, 2018

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January 15, 2018

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Rescission of the Cole Memorandum and Consequences for the Marijuana Industry

While marijuana is legal for medical and, in some instances recreational, use under the laws of 29 states plus the…

January 05, 2018

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January 05, 2018

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Second Circuit Vacates Conviction of Pharmaceutical Distributor on Advice-of-Counsel Defense

Last week, in United States v. Scully, the Second Circuit vacated the conviction of a distributor of pharmaceutical products on…

December 19, 2017

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December 19, 2017

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Bill Requires Public Disclosure of Medical Marijuana Practitioners

As we previously discussed in Medical Marijuana 103: Patient and Practitioner Regulations in New York State, practitioners in New York…

December 12, 2017

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December 12, 2017

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Learning a Lesson from Flint: New York State Takes Important Steps to Ensure Clean Drinking Water

Stemming from the recent drinking water crisis in Flint, Michigan, which has had life-lasting effects for many of its residents,…

December 04, 2017

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December 04, 2017

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Cannabis Business? The Impact of Federal Law Might Reach Further Than You Think.

Everyone involved, or thinking about becoming involved, in the cannabis business is aware of the conflict between the laws of…

November 27, 2017

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November 27, 2017

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FDA Issues Warning Letters To Cannabidiol Product Manufacturers Over Health Claims

On November 1, 2017, the Food and Drug Administration (FDA) published a release concerning its issuance of warning letters to…

November 21, 2017

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November 21, 2017

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Medicaid Fraud Whistleblower Loses Bid To Keep His Name Out Of The Public Eye

False Claims Act whistleblowers expose themselves to significant risks by coming forward and asserting claims of fraud against the government.…

November 13, 2017

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November 13, 2017

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No Pay to Sleep or Eat on the Job: New York State Department of Labor Issues an Emergency Regulation for Home Care Workers

The New York State Department of Labor (the “DOL”) issued an emergency regulation clarifying its minimum-wage rules regarding home care…

November 06, 2017

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November 06, 2017

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Medical Marijuana Update – “Caregiver” Definition Expanded to Include Facilities

In our previous post, Medical Marijuana 103: Patient and Practitioner Regulations in New York State, we discussed that patients certified…

October 31, 2017

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October 31, 2017

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Kickback Arrangements – Cause for Alarm Beyond Federal Healthcare Programs

Few, if any, in the medical industry are unfamiliar with the federal Anti-Kickback Statute (“AKS”).  Under AKS, those giving or…

October 23, 2017

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October 23, 2017

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Pharmacy Chain Not Required To Reasonably Accommodate Needle-Phobic Pharmacist

Trypanophobia—the fear of needles—played a significant role in a case brought against Rite Aid Pharmacy under the Americans with Disabilities…

October 17, 2017

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October 17, 2017

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Medical Marijuana 106: Recent Developments in New York

This blog post is the last in a series of articles discussing the current state of the law in New…

October 10, 2017

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October 10, 2017

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Public Health Emergencies and Mother Nature

In the wake of some of the worst storms our country has ever faced, as seen in the devastation caused…

October 02, 2017

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October 02, 2017

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Medical Marijuana 105: Marijuana in the Workplace

This blog post is the fifth in a series of articles discussing the current state of the law in New…

September 26, 2017

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September 26, 2017

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Concierge Medicine – Medicare Compliance Is Still A Consideration

In our July 10, 2017 post, Concierge Medicine – Is it for you?, we cautioned that Medicare compliance concerns do…

September 19, 2017

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September 19, 2017

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Medical Marijuana 104: Responsibilities of Health Insurers

This blog post is the fourth in a series of articles discussing the current state of the law in New…

September 12, 2017

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September 12, 2017

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Second Circuit Accepts Appeal of False Claims Act First-To-File Issues

The Second Circuit recently agreed to accept an interlocutory appeal to decide the question whether a violation of the False…

September 05, 2017

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September 05, 2017

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Medical Marijuana 103: Patient and Practitioner Regulations in New York State

This blog post is the third in a series of articles discussing the current state of the law in New…

August 29, 2017

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August 29, 2017

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Health Centers: The Federal Government Delivers a Big Win

On August 15, 2017, the Secretary of Health and Human Services, Tom Price, issued a press release reporting that almost $105 million…

August 21, 2017

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August 21, 2017

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Medical Marijuana 102: NYS Registered Organizations and Dispensaries

This blog post is the second in a series of articles discussing the current state of the law in New…

August 15, 2017

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August 15, 2017

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New York’s New Cybersecurity Regulations and its Impact on your Sensitive Health Information

Effective March 1, 2017, the New York State Department of Financial Services promulgated regulations to help protect against cybercriminals and…

August 07, 2017

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August 07, 2017

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Second Circuit Sets False Claims Act Pleading Standard For Claim Information

Last week, the Second Circuit held that a False Claims Act relator does not have to plead details of specific…

July 31, 2017

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July 31, 2017

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Medical Marijuana 101: The State of the Law in NY

This blog post will be the first in a series of articles discussing the current state of the law in…

July 24, 2017

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July 24, 2017

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Supreme Court Limitation on Forfeiture Will Impact Health Care Fraud Prosecutions

Health care fraud prosecutions in the Second Circuit and throughout the country have typically sought forfeiture money judgments against all…

July 17, 2017

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July 17, 2017

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Concierge Medicine – Is it for you?

According to the 2016 Kaiser/HERT Employer Health Benefits Survey, the average annual premium for employer-sponsored family health insurance coverage in…

July 10, 2017

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July 10, 2017

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Sixth Circuit Court of Appeals Affirms Offset of Medicare Reimbursement by DSH Payments Received

On June 14, 2017, the Sixth Circuit Court of Appeals in Breckinridge Health, Inc., et al. v. Price affirmed the…

July 10, 2017

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July 10, 2017

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Percentage-Based Billing Contracts Violate Medicaid Regulations and May Constitute Improper Fee-Splitting

The Medicaid Fraud Control Unit (MCFU) of the New York State Office of the Attorney General has recently issued restitution…

March 22, 2017

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March 22, 2017

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“Implied Certification” Theory Allowed Under the False Claims Act

The Supreme Court recently allowed liability through the implied certification theory of the False Claims Act (FCA), which was raised…

February 14, 2017

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February 14, 2017

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NY Medical Providers: Use Caution When Soliciting Positive Reviews on Consumer-Review Websites

Consumers often seek online reviews of a business on platforms such as Yelp, CitySearch, Yahoo and Google Plus Pages before…

December 07, 2016

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December 07, 2016

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OCR’s First Settlement with a Business Associate for HIPAA Violations

Catholic Health Care Services of the Archdiocese of Philadelphia (CHCS) is the first business associate to be held directly liable…

July 15, 2016

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July 15, 2016

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Consequences for Failure to Have a Required Business Associate Agreement

The Department of Health and Human Services, Office for Civil Rights (“OCR”), enforces the Health Insurance Portability and Accountability Act…

June 01, 2016

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June 01, 2016

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Sixth Amendment Prevents Pretrial Restraint on Health Care Defendant’s Use of Untainted Funds To Pay Counsel

The Supreme Court held last week that in a federal health care fraud prosecution, the Sixth Amendment prevents the government…

April 04, 2016

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April 04, 2016

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Who is a “Qualified Person” for Purposes of Access to a Patient’s Medical Records

In our previous post [found here], we explained that, under the Privacy Rule, HIPAA covered entities (health care providers and…

March 23, 2016

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March 23, 2016

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The Individual’s Rights Under HIPAA to Access their Health Information- Verifying the Identity of the Person Requesting PHI

Under the Privacy Rule, HIPAA covered entities (health care providers and health plans) are required to provide individuals, upon request,…

January 26, 2016

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January 26, 2016

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‘Incident To’ Billing: Billing Physician as the Supervising Physician and Ancillary Personnel Requirements

CMS has published a Proposed Rule to clarify how physicians are to bill for services furnished “incident to” the professional…

July 16, 2015

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July 16, 2015

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EDNY Judge Refuses To Unseal Grand Jury Minutes In Health Care Identity Theft Prosecution

Earlier this month, EDNY Judge Joanna Seybert examined the elements of Aggravated Identify Theft in an interesting context: a motion…

February 11, 2015

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February 11, 2015

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Second Circuit Rejects Constitutional Challenge To New York School Vaccination Requirement

The Second Circuit yesterday rejected a Constitutional challenge to New York’s requirement that children be vaccinated to attend public school,…

January 08, 2015

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January 08, 2015

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5 Lessons for Health Care Providers from Joan Rivers’ Death

On November 10, 2014, the US Department of Health and Human Services released its investigation report regarding the death of…

November 14, 2014

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November 14, 2014

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Visiting Nurse Service Settles Some SDNY False Claims Act Allegations, Leaves Others Open As Part Of A “Remaining Investigation”

An interesting SDNY settlement agreement resolves some False Claims Act allegations, but leaves others for another day.  Visiting Nurse Service of…

November 07, 2014

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November 07, 2014

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Columbia Pays $9 Million In False Claims Act Case For Mischarging Federal Grant Money

Columbia University agreed to pay $9 million this week in settlement of a SDNY False Claims Act case alleging that…

October 30, 2014

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October 30, 2014

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DOJ Criminal Chief Caldwell Outlines New Joint Criminal-Civil Qui Tam Process

Leslie Caldwell, DOJ Assistant Attorney General for the Criminal Division, spoke to the qui tam relators’ bar at a Taxpayers…

October 10, 2014

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October 10, 2014

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Dismissal Motions Filed In SDNY Computer Glitch Reverse False Claim Act Case

When does the 60-day clock start for an identified overpayment of federal funds to become a reverse false claim under amendments…

October 03, 2014

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October 03, 2014

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Shareholder Liability for the Misconduct of Others: What is “Direct Supervision and Control?”

Physicians often practice through a limited liability entity to shield the physician from practice liabilities. In New York, such entities…

September 15, 2014

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September 15, 2014

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October Jury Trial in EDNY False Claims Act Case

False Claims Act cases do not often go to trial, so they are noteworthy when they do.  EDNY Judge John…

August 18, 2014

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August 18, 2014

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Failure To Promptly Return Overpayments Arising From Computer Glitch Leads To False Claims Act Complaint

At the end of June, the U.S. Attorney’s Office in Manhattan filed a False Claims Act complaint against Beth Israel…

July 18, 2014

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July 18, 2014

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A Refresher on Noncompetes for Health Professionals

A recent article in the New York Times examined the growth of noncompete agreements, noting “Noncompete clauses are now appearing…

June 20, 2014

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June 20, 2014

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Court of Appeals Upholds Comptroller Audit Of Non-Participating Provider’s Billing Records

The New York Court of Appeals decided last week, in Handler v. DiNapoli, that the State Comptroller has the authority to…

May 13, 2014

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May 13, 2014

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False Claims Act Complaint Dismissed Where Defendant Followed State Regulations

A recent SDNY False Claims Act decision provides strong support for the argument that a false claim may not be…

April 03, 2014

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April 03, 2014

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Private Right of Action Recognized Under New York’s Prompt Pay Law

Claimants have a private right of action against insurers under New York’s Prompt Pay Law, N.Y. Ins. Law 3224-a, according to…

March 16, 2014

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March 16, 2014

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United States Provides Supreme Court With Its View of False Claims Act Pleading Standard

On Tuesday, the United States filed an Amicus Curiae Brief on a closely watched petition for certiorari.  The Department of…

February 27, 2014

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February 27, 2014

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HHS-OIG 2014 Work Plan Focuses On Health Insurance Transitions

At the end of January, the Office of Inspector General for the Department of Health and Human Services (“HHS-OIG”) released…

February 17, 2014

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February 17, 2014

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Articles & Advisories

Retail health care is changing fast, but New York isn’t

“Retail clinic usage higher in NY than in other states” captured a key point that is frequently missing in the health…

May 14, 2019

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The Healthcare Revolution Impacting Social Service Agencies

By Robert C. Creighton While the fight in Washington has been focused on the future of Obamacare, here in New…

November 08, 2018

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The Berger Prescription – On Demand Podcast

Mark Ustin, partner at Farrell Fritz, was on the Capitol Confidential podcast to discuss the Berger Commission. Ustin, former general…

August 30, 2018

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Who’s Who in Women in Professional Services – Kristina M. Wesch

Kristina M. Wesch is a partner in the law firm of Farrell Fritz, P.C., with New York offices in Uniondale,…

August 25, 2017

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Who’s Who in Health Care Law

Jeffrey P. Rust was named in Long Island Business News, Who’s Who in Health Care Law, June 5-11, 2015 issue.…

June 19, 2015

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Whetting the Whistle: How firms getting fed funds may find the most powerful watchdogs are now inside their company

October 23, 2012

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Governor Signs Order Seeking to Limit Compensation and Administrative Costs at State-Funded Service Providers

Governor Cuomo yesterday signed an Executive Order to reform excessive compensation at state-funded service providers. The Order is designed to…

January 19, 2012

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Client Advisory: OIG Issues 2012 Work Plan

The Office of the Inspector General (“OIG”) of the U.S. Department of Health and Human Services has issued its Work…

October 26, 2011

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Client Advisory: OMIG Reform Bill Awaits Governor’s Signature

A bill (S03184A/A05686A) to reform the procedures, practices and standards relating to the conduct of investigations, audits and recovery of…

September 23, 2011

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Client Advisory: Governor’s Task Force on Not-for-Profit Entities Seeking Data on Compensation Levels

The Cuomo Administration’s Task Force on Not-For-Profit Entities (the “Task Force”) is sending a letter to not-for-profit organizations seeking detailed…

September 01, 2011

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News

Should Hospitals Continue to Maintain Their Own Data Centers?

Physical data centers, whether located on campus or attached to local networks, typically have higher performance speeds. This is helpful…

August 12, 2019

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The Capitol Pressroom’s “Drug Take Back” Segment

Last year, the state legislature passed legislation to have drug manufacturers develop plans to safely take back unused medications. The…

July 11, 2019

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Who’s Who in Health Care Professionals & Health Care Law – Kristina M. Wesch

Wesch’s law practice focuses on general corporate matters, corporate mergers and acquisitions, and corporate reorganizations (both in and out of…

June 04, 2019

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A measles travel ban? Health officials have considered stopping infected travelers from flying

With measles cases in the U.S. at their highest level in a quarter century and continuing to rise, health officials have pondered…

May 28, 2019

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Anti-Vaccination Advocates: First Amendment, Religious Rights Under Attack

Anti-vaccination advocates rallied in Albany on Tuesday, calling on lawmakers for more support. Those at the protest at the Capitol…

May 15, 2019

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Providers jeopardize deals as they rush into M&A talks

Healthcare executives often point to a persistent financial pressure that has accelerated strategies to cut costs, grow revenue or potentially…

April 22, 2019

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Budget creates panel to advise on CDPAP overhaul

The state has inserted some flexibility in its plan to consolidate hundreds of non-profits that route Medicaid payments to caretakers of more…

April 10, 2019

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Healthcare Industry Transformation Drives Need for a Place at the Regulatory Table

The past decade has seen a radical reimagining of the health care industry in New York and around the nation—a…

June 29, 2018

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Farrell Fritz opens Albany office just steps from the Capitol

Law firm expands with focus on regulatory and government relations. Farrell Fritz, the law firm headquartered in Uniondale, has launched…

May 02, 2018

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Who’s Who in Health Care Law – Kevin P. Mulry

Kevin P. Mulry, a partner at Farrell Fritz, P.C., is a commercial litigator with a focus on health care. Mulry…

June 20, 2016

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Press Releases

Ten Farrell Fritz Attorneys Named to The Best Lawyers in America© 2020

Farrell Fritz congratulates ten attorneys on being selected by their peers for inclusion in The Best Lawyers in America© 2020.…

August 15, 2019

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Farrell Fritz Receives Tier 1 Ranking in 2019 U.S. News – Best Lawyers’ “Best Law Firms”

Farrell Fritz is pleased to announce that, for the seventh consecutive year, the firm has received a Tier 1 ranking…

November 01, 2018

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Kathleen M. Brown Joins Farrell Fritz’s Albany Office Healthcare Team

Farrell Fritz is pleased to announce that Kathleen M. Brown, a Cohoes, NY, resident, has joined the firm’s Albany office.…

September 20, 2018

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Ten Farrell Fritz Attorneys Named to The Best Lawyers in America© 2019

Farrell Fritz congratulates ten attorneys on being selected by their peers for inclusion in The Best Lawyers in America© 2019.…

August 09, 2018

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Farrell Fritz Launches Regulatory & Government Relations Practice Group; New Albany Office Highlights Firm’s Expansion to Capital District Market

Farrell Fritz is pleased to announce that it has launched a New York State Regulatory & Government Relations Practice Group,…

March 19, 2018

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Farrell Fritz Receives Tier 1 Ranking in 2018 U.S. News – Best Lawyers’ “Best Law Firms”

Farrell Fritz is pleased to announce that, for the sixth consecutive year, the firm has received a Tier 1 Ranking…

November 01, 2017

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Ten Farrell Fritz Attorneys Named to The Best Lawyers in America 2018

Farrell Fritz congratulates ten attorneys on being selected by their peers for inclusion in The Best Lawyers in America© 2018.…

August 15, 2017

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Farrell Fritz Receives Tier 1 Ranking in U.S. News – Best Lawyers® 2017 “Best Law Firms”

Farrell Fritz is pleased to announce that, for the fifth consecutive year, the firm has received a Tier 1 Ranking…

November 01, 2016

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Nine Farrell Fritz Partners Named to The Best Lawyers in America© 2017

Farrell Fritz congratulates nine partners on being selected by their peers for inclusion in The Best Lawyers in America© 2017.…

August 16, 2016

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Farrell Fritz Receives Tier 1 Ranking in 2016 U.S. News – Best Lawyers “Best Law Firms”

Farrell Fritz is pleased to announce that, for the fourth consecutive year, the firm has received a Tier 1 Ranking…

November 02, 2015

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On Demand Webcasts

Restructuring Options in Provider Healthcare

Farrell Fritz counsel Marty Bunin will be a panelist for an Expert Webcast video roundtable on “Restructuring Options in Competitive Healthcare.” Panelists…

February 27, 2019

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