Health Law Blog

New York OMIG’s Focus In 2013-2014

Deniza Gertsberg, Esq. — Wed, 15 May 2013 17:45:58 +0000

Every year the New York State Office of the Medicaid Inspector General (OMIG) publishes a work plan that outlines the agency's focus in the coming year. As in previous years, the targets of agency's audits and investigations this work plan cycle remain physicians, dentists, laboratories, transportation providers, pharmacies and DMEs, as well as hospitals and home and community health service providers. Below we discuss some of OMIG's planned integrity activity. [...]

New York’s New I-STOP Prescription Law

Deniza Gertsberg, Esq. — Wed, 24 Apr 2013 01:49:31 +0000

Provider Alert: New York has a series of drug prescription laws that impact medical and pharmaceutical providers. We highlight those provisions below in chronological order. [...]

Non-Billing Ordering Providers Must Be Enrolled In Medicaid

Deniza Gertsberg, Esq. — Tue, 09 Apr 2013 15:06:30 +0000

New York State Medicaid Program posted new applications on April 1, 2013 for non-billing providers that order, prescribe, and/or refer beneficiaries with fee-for-service Medicaid coverage. New Jersey Medicaid required all such providers to be enrolled an "non-billing" providers by Jan. 1, 2013. [...]

Domino Effect of Professional Disciplinary Action

Deniza Gertsberg, Esq. — Tue, 02 Apr 2013 18:15:28 +0000

When a healthcare professional faces professional discipline the initial focus tends to be on getting through and beyond the proceeding. Healthcare professionals, however, should also be aware of the collateral consequences that may stem from a professional disciplinary action. [...]

10 Important Pharmacy Reporting Requirements

Deniza Gertsberg, Esq. — Wed, 20 Mar 2013 02:04:58 +0000

Pharmacies registered with the New York Education Department Office of the State Board of Pharmacy (Board) have a duty to report certain changes in their business operations. We briefly discuss these requirements below. [...]

Patient Records Required by NJ Medicaid

Deniza Gertsberg, Esq. — Wed, 06 Mar 2013 14:26:55 +0000

Documenting each patient encounter not only benefits the patient but it is also good preventative medicine for the doctor against claims of professional negligence, failure to meet certain professional standards, and investigations by government agencies. The position taken by most licensing boards and law enforcement agencies is that if an item or service is not documented in a patient's medical record "it didn't happen." Below we discuss the minimum documentation requirements imposed by New Jersey Medicaid on participating providers. [...]

More Inspections and Scrutiny Under OIG’s 2013 Workplan

Deniza Gertsberg, Esq. — Tue, 26 Feb 2013 01:11:16 +0000

Each year the U.S. Department of Health and Human Services Office of the Inspector General (OIG) produces a work plan that outlines the agency's focus for the upcoming year. With a staff of over 1,700 professionals, the OIG conducts investigations, audits, and, among other projects, enters and monitors corporate integrity agreements. Below we discuss some of the highlights from the OIG 2013 Work Plan. [...]

New Hazard Communication Requirements From OSHA

Deniza Gertsberg, Esq. — Tue, 12 Feb 2013 02:50:42 +0000

Last year the Occupational Safety and Health Administration (OSHA) adopted a new OSHA Hazard Communication Standard. The new standard is now aligned with the United Nations' Globally Harmonized System of Classification and Labeling of Chemicals. All dental and medical providers, pharmacies and other healthcare employers must comply the Hazard Communication Standard as well as other applicable OSHA standards. [...]

Private Contracts With Medicaid Beneficiaries

Deniza Gertsberg, Esq. — Tue, 29 Jan 2013 17:50:16 +0000

Most providers know that fees paid by the New York State Medicaid program are considered to be payment in full. This means that as a requirement of participating with Medicaid, and with the exception of co-payments, providers may not bill Medicaid beneficiaries for covered services. Providers may, however, enter into private pay agreement with Medicaid beneficiaries and the article below addresses certain important aspects of that relationship. [...]

Stiffer Penalties For Improper Medical Waste Disposal In NJ

Deniza Gertsberg, Esq. — Thu, 24 Jan 2013 14:23:01 +0000

This past November 19, New Jersey Gov. Chris Christie signed into law a bill that for the first time would require license suspension or revocation of certain health care professionals and medical waste facilities, generators, and transporters for illegal or improper medical waste disposal. The law went into effect immediately. [...]