On December 13, 2021, the Commissioner of the New York City Department of Health and Mental Hygiene issued an emergency Order mandating Covid-19 vaccination for private employees pursuant to Section 3.01(d) of the Health Code and Sections 556 and 558 of the New York City Charter. The emergency Order requires covered businesses to generally exclude their unvaccinated […]
Continue reading…HEALTHCARE FRAUD: SELF-DISCLOSURE PROTOCOL UPDATE
By Mathew J. Levy, Esq. Email Mathew What is healthcare fraud? There are the obvious cases of greed, such as physicians billing for fictitious patients, services never performed, and the rendering of unnecessary medical procedures. However, there is more to healthcare fraud than the obvious. This includes widely practiced rule-bending to assist patients, such as exaggerating […]
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Business Entity Formation: Choosing the Right Business Structure for Your Needs
By Mathew Levy, Esq. & Mauro Viskovic, Esq.Email MathewEmail Mauro Are you looking to start a business and getting ready to decide on the business entity? Choosing your business’s legal structure is one of the most critical steps you must take in forming your business. Often professionals spend too little time considering what business structure […]
Continue reading…WEISS ZARETT WINS REVERSAL ON APPEAL AND DISMISSAL OF TORTIOUS-INTERFERENCE CLAIMS
By Michael D. Brofman, Esq. & Michael J. Spithogiannis, Esq.Email Michael BrofmanEmail Michael Spithogiannis Imagine winning litigation after being a defendant in a contract dispute and then having the plaintiff start another suit arising out of the same contract but on a different theory. That is essentially the issue that Weiss Zarett faced recently in its […]
Continue reading…Courts Enforce Contracts As Written – Except Sometimes
By Michael J. Spithogiannis, Esq. & Floyd Grossman, Esq.Email MichaelEmail Floyd A lawsuit is the last thing you would expect when signing a real-estate contract. And if litigation does ensue, you would expect a court to follow established rules of contract interpretation and hold the parties to what they signed. Here we examine a recent court decision […]
Continue reading…Understanding Dental Employment Contracts
By Mathew J. Levy, Esq.Email Mathew Unfortunately, yet understandably, most dentists are reluctant to read all of the provisions in their employment contracts in the belief that they face a “take it or leave it” quandary. However, dentists often do not realize that while there are provisions in such contracts that are standard in the […]
Continue reading…Heavy HIPAA Enforcement Efforts!
By Mathew J. Levy, Esq.Email Mathew To date, the U.S. Department of Health and Human Services’ Office of Civil Rights (“OCR”) has resolved 98% of nearly 257,000 Health Insurance Portability and Accountability Act (“HIPAA”) Privacy Rule complaints. OCR has settled and imposed civil monetary penalties totaling $130,980,482.00. According to the HIPAA Journal, in recent years OCR’s enforcement efforts increased. […]
Continue reading…Banking in the Cannabis Industry: Update on the SAFE Banking Act
By Mauro Viskovic Esq.Email Mauro On April 19, 2021, the U.S. House of Representatives passed the Secure and Fair Enforcement (SAFE) Act of 2021, which would serve to greatly expand the financing alternatives to cannabis-related legitimate businesses and service providers for such businesses. The bill is currently sitting within the Senate’s Committee on Banking, Housing and […]
Continue reading…Commercial Litigation: Enforcing Employee Non-Compete Clauses
By Joshua D. Sussman, Esq.Email Joshua Your Director of Sales suddenly quits and announces they are joining a direct competitor up the road. The new opportunity is in direct breach of their non-compete agreement, which prohibits them from competing with your company within ten miles of your office for two years after the end of […]
Continue reading…Mandatory Vaccination for Healthcare Workers Expanded by New Emergency Regulations
On August 26, 2021, the New York State Department of Health’s Public Health and Health Planning Council in Albany voted to amend the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR), significantly expanding the emergency Covid-19 vaccination mandate previously announced by former Governor Andrew Cuomo. Whereas the previous mandate […]
Continue reading…New Jersey District Court Declares Cross-Plan Offsetting a Violation of ERISA
By David A. Zarett, Esq.Email David It has become commonplace for physicians and medical practices to face audits and payment reviews by commercial health insurers and third-party administrators (“TPAs”) under an ERISA plan. If an overpayment is identified, it is not unusual for the carrier or TPA to recoup the funds allegedly owing. One of […]
Continue reading…OMIG Implements Financial Hardship Process for Providers Under Audit
The Office of the Medicaid Inspector General (OMIG) is the state agency within the Department of Health which is charged with investigating compliance with the requirements of the New York Medicaid program. OMIG regularly works with other state and federal government agencies such as the federal Centers for Medicare and Medicaid Services, the New York […]
Continue reading…New York State’s Newly-Announced Vaccine Mandate Policy for Healthcare Entities
On August 16, Governor Cuomo announced a new vaccine mandate for New York State healthcare workers. This announcement aligns with the Department of Labor’s OSHA June emergency temporary standard, the Center for Disease Control’s July guidelines urging employers to encourage its workers to get vaccinated, and the requirements of several other U.S. states, including California and […]
Continue reading…How to Prepare for OPMC Investigations: A Legal Perspective
In the state of New York, there is an office within the Department of Health that serves to investigate claims of medical misconduct, known as the Office of Professional Medical Conduct or “OPMC.” While the scope of OPMC’s jurisdiction is not unlimited, they play a heavy hand and are the primary governmental enforcement agency responsible […]
Continue reading…HOW NEIGHBORLY DO YOU HAVE TO BE?
By Michael J. Spithogiannis, Esq. & Floyd G. Gossman, Esq.Email Michael Email Floyd You hear a knock on the door. . . . It’s your next-door neighbor, who tells you about plans to make improvements to his property. You are assured by your neighbor that all improvements will be made according to applicable building codes, and that […]
Continue reading…MATHEW J. LEVY, ESQ. WILL BE PARTICIPATING IN A DC-NP INTEGRATION SEMINAR
On Thursday, November 4, 2021, Mathew J. Levy, Esq. will be participating in a DC-NP seminar located at the LaGuardia Airport Marriott. The presentation is about chiropractors and nurse practioner joint ventures. The event will take place from 9 AM to 10:30 AM EST along with a question-and-answer period. For more information and to register, […]
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