Author: MainStaff

A group of New York City home health aides is suing the New York Department of Labor (“DOL”) in an attempt to force the agency to resume an investigation of their allegations that they were not fully compensated for their time during 24-hour shifts. 

The Office of Inspector General (“OIG”) recently issued yet another an unfavorable Advisory Opinion Letter on a seemingly common contractual arrangement between a physician-owned entity and a non-physician operator that involved revenue sharing and common operational control.

On August 21, 2023, the New York State Office of the Medicaid Inspector General (“OMIG”) announced updated Medicaid Self-Disclosure Program requirements. OMIG has published a new “Abbreviated” Self-Disclosure process and forms as an alternative to the “Self-Disclosure Full Statement” process and forms.

In New York’s July 2023 Medicaid Update, the New York Department of Health warns, and reiterates, that Medicaid is always the payor of last resort and federal regulations require that all other available resources be used before Medicaid considers payment.

NYS Moving towards Conflict-of-Interest Implementation

On August 15, 2023, the Department of Health (“DOH”) notified NHTD and TBI providers that the CMS conflict of interest (COI) requirements will be taking effect on November 11, 2023. 

The National Labor Relations Board (“NLRB”) has yet again issued new standards by which it will judge employers’ workplace rules (such as codes of conduct).  The NLRB’s new framework is relevant to companies because it limits their ability to discipline or terminate employees for, what the employer would ordinarily consider, infractions of reasonable workplace rules.  Here, we discuss what employers need to know.

Many employers, in the interest of efficiency, are beginning to incorporate artificial intelligence (“AI”) into their workplaces, and the Equal Employment Opportunity Commission (“EEOC”) has established that it will ensure that the incorporation of AI into the workplace does not violate federal employment laws. 

On August 11, the EEOC published proposed regulations implementing the Pregnant Workers Fairness Act, which became effective on June 27, 2023.  Although not final, the EEOC is expected to adopt these regulations in, largely, the proposed form.  Thus, in this article, we summarize the key provisions of the proposed regulations:

The New York State Pay Transparency Law (the “Law”) goes into effect on September 17, 2023. The Law requires New York State employers to disclose the “minimum and maximum annual salary or hourly range of compensation” that the employer in “good faith believes to be accurate” for a job, promotion, or transfer opportunity “that will be performed, at least in part, in the state of New York.”

In a press release heard around the world, the Attorney General announced the filing of a lawsuit against the owners, operators, and landlords of the healthcare giant, Centers Health Care for alleged “repeated and persistent fraud and illegally misusing more than $83 million in taxpayer money that resulted in significant resident neglect, harm, and humiliation.”