Health Law Blog

CMS Issues a Nationwide Temporary Moratorium on DMEPOS Enrollment

Deniza Gertsberg, Esq. — Sat, 07 Mar 2026 22:50:27 +0000

On February 25, 2026, the Centers for Medicare & Medicaid Services (“CMS”) announced a nationwide six-month moratorium on the enrollment of new Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (“DMEPOS”) suppliers. This moratorium became effective on February 27, 2026.

Key Details of the Moratorium Duration: The moratorium will last for six months, with the

CMS Finalizes Major DMEPOS Accreditation Changes Effective January 1, 2026

Deniza Gertsberg, Esq. — Wed, 07 Jan 2026 02:54:37 +0000

The Centers for Medicare & Medicaid Services (“CMS”) has finalized significant revisions to the DMEPOS accreditation program in the CY 2026 Home Health Prospective Payment System (HH PPS) Final Rule (90 Fed. Reg. 55342). With limited exceptions, CMS adopted the DMEPOS accreditation proposals as issued. The changes are intended to strengthen program integrity and

New Reporting Requirements Under CTA

Deniza Gertsberg, Esq. — Wed, 02 Oct 2024 15:27:21 +0000

Effective January 1, 2024, the Corporate Transparency Act (“CTA”) requires most businesses, including healthcare businesses, to report certain information regarding beneficial owners and company applicants. Willful failure to report or update beneficial ownership information may result in the imposition of penalties.

CTA in a Nutshell

The CTA and its implementing regulations seek to

The End of Non-Competition Agreements?

Deniza Gertsberg, Esq. — Tue, 09 May 2023 09:34:00 +0000

Recently, the Federal Trade Commission ("FTC") published a proposed rule prohibiting employers from using non-compete clauses (also called "restrictive covenants") in their contracts with workers. Similarly, the New Jersey legislature recently proposed a bill that would limit the scope of restrictive covenants between employers and workers. If finalized, these measures would impact the relationship many physicians, nurses and other healthcare professionals have with their employers.

Significant Changes to NYS Mandatory Compliance Program Requirement

Deniza Gertsberg, Esq. — Tue, 18 May 2021 10:28:07 +0000

Last year, as part of the 2020-2021 budget, the New York State Legislature made significant changes to the NYS Mandatory Compliance Program requirement.

New OPMC Requirements

Deniza Gertsberg, Esq. — Tue, 17 Nov 2020 03:45:26 +0000

On October 7, 2020, New York State Public Health 230 was amended to require every physician's "practice setting" to post a conspicuous sign regarding where to report professional misconduct.

NYS Medicaid Implements 1% Across the Board Payment Reduction

Deniza Gertsberg, Esq. — Mon, 06 Jan 2020 12:37:49 +0000

Beginning with dates of services of January 1, 2020, all non-exempt New York State Medicaid payments to providers will be uniformly reduced by 1%.

10 Advertising Rules New Jersey’s Opticians Should Remember

Deniza Gertsberg, Esq. — Tue, 19 Nov 2019 19:36:20 +0000

Similar to other licensed healthcare professionals, New Jersey's ophthalmic dispensers and ophthalmic technicians have to follow certain rules and regulations when it comes to adverting their practice. New Jersey's State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians ("Board"), the state licensing and governing agency, has extensive regulations governing the do's and don'ts of advertising for ophthalmic dispensers and technicians. Below we summarize a subset of those rules.

HCFAC 2018 Annual Report Highlights Thousands of Provider Exclusions and $2.3 Billion in Recoveries

Deniza Gertsberg, Esq. — Sun, 13 Oct 2019 19:07:10 +0000

It is the twenty-second year of the Health Care Fraud and Abuse Control Program (HCFAC) established by the Health Insurance Portability and Accountability Act of 1996. The HCFAC's annual report for 2018 shows continued focus on preventing and eliminating fraud, waste and abuse from the Medicare and Medicaid programs and increased cooperation between government agencies to facilitate data sharing.

DMEPOS Suppliers Beware: Pressure Reducing Support Surfaces Now Require Prior Authorization Nationwide

Deniza Gertsberg, Esq. — Mon, 23 Sep 2019 21:37:12 +0000

The Centers for Medicare & Medicaid Services (“CMS”) announced in April of this year that it is adding 12 new HCPCS codes to the Required Prior Authorization List of DMEPOS items that require prior authorization as a condition of payment. Prior authorization for Pressure Reducing Support Surfaces will be implemented nationwide in October.