On Friday, September 21, the Department of Health announced that it would be postponing certain wage parity deadlines. Specifically:
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OMIG Publishes FAQs on its Compliance Regulations
The New York State Office of Inspector General has published a
Comptroller Finds DOH Allowed Millions of Medicaid Dollars to be Mis-Spent
In a recent report released earlier this week, New York State Comptroller Tom DiNapoli said that audits performed by his office of the state Department of Health (“DOH”) showed that hundreds of millions of Medicaid dollars were inappropriately spent on costs that another federally funded health plan (Medicare or the Essential Plan) should have paid.
IRS Imposes a Moratorium on Processing of new ERTC Claims
On September 14, 2023, the IRS announced it has ceased processing new ERTC claims. The moratorium will last at least through the remainder of 2023.
Live-In Shift Settlements in Jeopardy as Aides Sue NYS DOL
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.
OIG Warns of Antikickback Concerns in a Common Joint Venture Structure
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.
OMIG Updates its Self-Disclosure Program Requirements
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.
Providers, Make Sure You are not Billing Medicaid (directly or indirectly) Incorrectly
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.
Two Updates for NHTD and TBI Providers
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.
NLRB’s Decision Triggers Obligation to Once Again Review Your Employee Handbooks
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.