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May 2015 Archives

May 22, 2015

Deadline to Apply as a Registered Organization is Quickly Approaching

By: Nicole Ozminkowski

On April 27, 2015, the New York State Department of Health ("DOH") announced that it would begin accepting applications from businesses interested in manufacturing and dispensing medical marijuana under the Compassionate Care Act.

The deadline to apply for one of the five registered organization licenses was initially May 29, 2015. More recently, the Department has extended the deadline to June 5, 2015. The Department has not, however, extended the timeframe within which it expects to issue the registrations. The DOH has set an ambitious timeline to get the program up and running and hopes to make its selection for the limited registered organization licenses this summer.

More information as provided by the DOH can be found in the Governor's press release and on the DOH's web page on medical marijuana.

May 8, 2015

Blog Welcomes Young Lawyers' Committee

The NYSBA Health Law Section recently established a Young Lawyers' Committee for members who were admitted less than ten years ago. The committee supports members who are establishing themselves in the health law profession, as well as those in other fields who are interested in exploring health law. Members of the committee will soon begin contributing to this blog.

Check the blog for posts tagged as "young lawyers," and please comment. Notes of encouragements and questions for young lawyer contributors would be welcome!

May 18, 2015

Westchester Medical Center Settles Anti-Kickback and Stark Claims for $18+ Million

Preet Bharara, US Attorney for the Southern District of New York, announced the settlement Thursday by way of a press release.

Preet Bharara, the United States Attorney for the Southern District of New York, Scott J. Lampert, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General's ("HHS-OIG") New York Region, and Diego Rodriguez, the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation ("FBI"), announced today that the United States has settled civil fraud claims under the False Claims Act against WESTCHESTER COUNTY HEALTH CARE CORPORATION d/b/a WESTCHESTER MEDICAL CENTER ("WMC") related to WMC's alleged violations of the Anti-Kickback Statute and the Stark Law and submission of costs reports to Medicare seeking reimbursement for charges WMC did not incur. In connection with the settlement, which was approved by U.S. District Judge Lewis A. Kaplan on May 14, 2015, the defendant agreed to pay a total of $18,800,000 to resolve its liabilities, and made admissions as to its conduct.

Read the full press release, including details regarding the relationships that were found to be problematic, here.

May 26, 2015

CMS Posts Sweeping New Medicaid Managed Care Regs

CMS has released the pre-publication version of the long-awaited and highly anticipated Medicaid managed care regulations. The proposed rule is intended to "modernize the Medicaid managed care regulations to reflect changes in the usage of managed care delivery systems." According to the summary accompanying the proposed rule, it would:

  • align the rules governing Medicaid managed care with those of other major sources of coverage, including coverage through QHPs and Medicare Advantage plans
  • strengthen actuarial soundness payment provisions to promote the accountability of Medicaid managed care program rates
  • promote the quality of care and strengthen efforts to reform delivery systems that serve Medicaid and CHIP beneficiaries
  • ensure appropriate beneficiary protections and enhance policies related to program integrity, and
  • require states to establish comprehensive quality strategies for their Medicaid and CHIP programs regardless of how services are provided to beneficiaries

The document is scheduled to be published in the June 1 Federal Register with comments due no later than July 27, 2015.

View the pre-publication version of this rule here.

May 28, 2015

CMS Criticizes NYSDOH Oversight of Home Care

According to a report recently released by CMS:

CMS could not rely on New York's qualification requirements to ensure the quality of care provided to Medicaid beneficiaries receiving home health services during 2007 through 2009 because some home health agencies did not meet certain State requirements for employee health screenings and inservice training.

Read the full report here.

OPWDD Ups Ante for Late Filing Cost Reports

The Office for Persons with Developmental Disabilities recently adopted regulations imposing a penalty on providers that fail to meet filing deadlines for cost reports. The amended regulations provide for automatic imposition of penalty after 120 days if the provider does not apply for a 30 day extension, and eliminate both written notice of failure to file a cost report and the 15 day grace period.

For further information, see the regulations in the May 27 and March 11 State Registers.

About May 2015

This page contains all entries posted to HEALTH LAW SECTION BLOG in May 2015. They are listed from oldest to newest.

April 2015 is the previous archive.

June 2015 is the next archive.

Many more can be found on the main index page or by looking through the archives.