New York Health Care Blog

Insights on Issues Facing the New York State Health Care Industry

Latest Posts

Long Term Care Pre-Dispute Arbitration Agreements —What You Should Know

In September 2016, the Center for Medicare and Medicaid Services (CMS) issued a new rule relative to arbitration agreements which bans a nursing home or assisted living facility that receives federal funds from entering into an arbitration agreement with a resident before an actual dispute exists. T...
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December 13, 2016
A Viable Defense Against Issues of Informed Consent

The Harris Beach health services medical malpractice defense group handles all aspects of medical malpractice, hospital liability, and nursing home liability cases.  Over the course of the past year, we have seen a rise in cases alleging lack of informed consent for a particular procedure or treatm...
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December 09, 2016
Federal Court Blocks Enforcement of CMS Nursing Home Arbitration Ban

This morning a Federal District Court in the Northern District of Mississippi ordered a preliminary injunction enjoining CMS from enforcing a new rule which would bar nursing homes receiving federal funds from entering into predispute arbitration agreements with its residents. The rule, originally s...
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November 07, 2016
DEC Environmental Audits: Is Your Hospital Pharmacy Prepared?

Recently, the New York State Department of Environmental Conservation (DEC) announced a new incentive program to encourage owners and operators to conduct environmental audits at pharmacies. The DEC environmental audit incentive program, first announced in October 2013, applies to both hospital phar...
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October 31, 2016
Court Challenge to New CMS Nursing Home Arbitration Rule Filed

Yesterday, the American Health Care Association along with other long-term care facilities, filed a complaint for an injunction against the U.S. Department of Health and Human Services (HHS) and the Center for Medicare and Medicaid Services (CMS) in the Federal District Court in the Northern Distric...
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October 18, 2016
Challenge to New CMS Nursing Home Regulations

The American Health Care Association (AHCA) has decided to challenge the new Center for Medicare and Medicaid (CMS) regulation prohibiting pre dispute arbitration agreements in nursing homes and assisted living facilities. At the time of this writing, the legal strategy will include the filing of an...
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October 07, 2016
CMS Final Rule Prohibits Arbitration Agreements

Late yesterday, the Center for Medicare and Medicaid issued its long awaited final rules and the rule relative to arbitration agreements for nursing homes or assisted living facilities goes far beyond what was proposed. The new rule bans a nursing home or assisted living facility that receives feder...
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September 29, 2016
Theft of Unencrypted iPhone Leads to $650,000 Settlement

Long-Term Care Facilities should take note of the recent settlement reached between the Department of Health and Human Services Office for Civil Rights (OCR) and the Catholic Healthcare Services of the Archdiocese of Philadelphia (CHCS). CHCS provided management and information technology services a...
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July 20, 2016
Handling Ransomware: Join Us for a Complimentary Webinar

The consulting subsidiary of Harris Beach PLLC, HB Solutions LLC, is holding a complimentary webinar June 28 on avoiding and managing the threats of ransomware attacks, a significant disruptor to any organization’s operations and a situation that poses major data breach concerns. The HB Solutions ...
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June 22, 2016
Do the Recently Adopted Federal Fire Standards Apply in New York?

Now that the Department of Health and Human Services, Centers for Medicare and Medicaid Services, has issued its final rule to amend the fire safety standards for long-term care facilities, the question arises: Will New York state and New York City request that their fire safety requirements be used...
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May 27, 2016