Farrell Fritz partner Lou Vlahos recently issued an important advisory report addressing the New York Nonprofit Revitalization Act of 2013 (the “Act”). Nonprofit corporations in New York will need to comply with many of the Act’s provisions by July 1, 2014.

Major new requirements include:

-the adoption of conflict of interest and whistleblower policies;

-creation of an audit committee composed
Continue Reading The New York Nonprofit Revitalization Act of 2013 – What NFPs Need to Know

Alternatives to the hospital emergency room and primary care doctor’s office are opening in strip malls and other retail locations throughout the country. New York State is no exception. In an effort to provide oversight for these walk-in clinics, New York’s Public Health and Health Planning Council (PHHPC) has recommended regulations for these facilities.

The recommendations would place walk-in
Continue Reading NYS DOH Recommends Regulations for Retail and Urgent Care Clinics

          In March 2013, the Second Circuit certified to the New York Court of Appeals the issue of whether a medical corporation may be liable for the unauthorized disclosure of medical information, when the employee responsible for the breach was not a physician and was acting outside the scope of her employment (see post).  In Doe v. Guthrie,
Continue Reading Medical Corporation Not Liable For Employee’s Disclosure Of Confidential Medical Information

patient entering MRI machineA bill proposed in the US House of Representatives may cause physicians to significantly restructure their practices as they relate to in-office ancillary services (IOAS).

Promoting Integrity in Medicare Act of 2013

The Stark Law is a federal statute which prohibits physicians from making referrals for Medicare-covered designated health services (DHS) to an entity with which the physician or an
Continue Reading Bill Could Narrow Stark Law Exception for In-Office Ancillary Services

Earlier this month, a bill to amend the False Claims Act (“FCA”), the “Fairness in Health Care Claims, Guidance and Investigations Act,” was introduced in the House of Representatives.  According to one of the bill’s sponsors, Rep. Howard Coble (R-NC), the bill’s purpose is to ensure that unintentional billing disputes are not penalized as fraud.

Some parts of the

Continue Reading Proposed “Fairness” Amendments to the False Claims Act

Is your office photocopy machine a HIPAA time-bomb?  Affinity Health Plan recently learned that the answer is yes, to the tune of a $1.2 million settlement with the US Department of Health and Human Services Office for Civil Rights (OCR).  Affinity is a not-for-profit managed care organization which includes one of the New York metropolitan area’s largest Medicaid managed care
Continue Reading Photocopiers and HIPAA – Health Plan Settles with HHS for $1.2 Million

On May 29, 2013, the US Departments of Health and Human Services, Labor, and Treasury issued final regulations regarding wellness programs under the Patient Protection and Affordable Care Act (the “ACA”).  Wellness programs are programs offered by employers, or directly by insurance companies to their enrollees, to improve health and promote fitness. The ACA, in conjunction with the Health Insurance

Continue Reading Wellness Programs Under the Affordable Care Act

The New York State Office of the Medicaid Inspector General today announced their new Facebook page.  This could be the only time anyone in the health care industry might consider a declaration that they “like” the OMIG.

While a Facebook page may appear unusual for this less-than-beloved agency, the OMIG’s office has made several recent attempts to open up
Continue Reading OMIG Announces Facebook Page

The Office for Civil Rights of the US Department of Health and Human Services, in conjunction with the Workgroup for Electronic Data Interchange (“WEDI”), has announced a series of four free webinars on compliance with the latest Omnibus HIPAA/HITECH final rule, which implements significant changes in the requirements imposed upon health care organizations, providers, and their business associates.  Final compliance

Continue Reading Feds to Offer Free HIPAA Compliance Webinars

In  last week’s decision in Doe v. Guthrie Clinic, Ltd. the Second Circuit Court of Appeals certified to the New York Court of Appeals the issue of whether a medical corporation may be liable for the unauthorized disclosure of medical information, when the employee responsible for the breach was not a physician and was acting outside the scope of

Continue Reading Health Privacy Liability Issue Proceeds to NY Court of Appeals