By Jessica Woodrow, Esq.Email Jessica 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 […]
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
By Seth A. Nadel, Esq.Email Seth 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 […]
Continue reading…New York State’s Newly-Announced Vaccine Mandate Policy for Healthcare Entities
By Joshua D. Sussman, Esq., Beth E. Roxland, Esq., Jessica Woodrow, Esq. & Carla Hogan, Esq.Email Joshua Email BethEmail JessicaEmail Carla 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 […]
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, […]
Continue reading…Do Your Employee Confidentiality Agreements Comply with Applicable Law?
By Mauro Viskovic, Esq.Email Mauro Although it has been nearly eleven years since The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) was enacted, many companies continue to violate Dodd-Frank by failing to incorporate the necessary whistle-blower protections in their employee confidentiality agreements. Pursuant to Dodd-Frank, the Securities Exchange Commission (“SEC”) promulgated Rule 21F-17 […]
Continue reading…The 21st Century Cures Act Final Rule Has Taken Effect
By Mathew J. Levy, Esq. & Jessica Woodrow, Esq.Email Mathew Email Jessica After years of anticipation, the Office of the National Coordinator for Health Information Technology’s (“ONC”) issued its Cures Act Final Rule on Interoperability, Information Blocking, and Open Notes, effective April 5, 2021. This important issuance, which originated with the 21st Century Cures Act (2016), […]
Continue reading…
Telehealth Law & COVID-19: Changes To Look Out for in 2021
Telehealth and telemedicine have been on the rise over the past decade for those in the healthcare industry. As technology improves, more patients opt for remote medical care to alleviate the costs and inconveniences associated with in-person care. Recently, this area of medical services has received a metaphorical shot in the arm because of the […]
Continue reading…Compliance Concerns Rise as Information Blocking Rules Become Fully Mandatory
By Mathew J. Levy, Esq. Email Mathew Health care providers constantly strive to do what is best for the patient. However, sometimes a practice’s policies and procedures may unintentionally fall short of this goal. For example, when a patient experiences challenges accessing his/her laboratory results and must wait until her physician has had a chance […]
Continue reading…Asserting The Fifth Amendment Privilege In Civil Proceedings Can Be Tricky
By Michael J. Spithogiannis, Esq. and Floyd G. Grossman, Esq. Among the inalienable rights scrupulously protected is the privilege against self-incrimination. The Fifth Amendment of the United States Constitution states that “[n]o person . . . shall be compelled in any criminal case to be a witness against himself. . . .”¹ The United States […]
Continue reading…Ambulatory Surgery Centers As Investments
By Mathew J. Levy, Esq. and Mauro Viskovic, Esq. Investments in ambulatory surgery centers (“ASC”) appear to be on the rise. On April 29, 2021, the Office of Inspector General (“OIG”) posted an important advisory opinion¹ in which it concluded that a specific investment in an ASC by certain medical providers would not result in […]
Continue reading…New Workplace Law to Protect from Infectious Disease Spread
By Carla Hogan, Esq.Email Carla As many return back to the workplace upon getting vaccinated, efforts are required to ensure we continue to guard against the infectious diseases spreading in the workplace. The recently enacted NY HERO Act guides workplaces on how to best protect their employees. The HERO Act has two parts: (1) the […]
Continue reading…PODCAST: WHEN THE DOCTOR MIGHT NEED A LAWYER WITH MATT LEVY.
More than 70% of medical practices are committing healthcare fraud, but they are not all criminals. According to healthcare attorney Mathew J. Levy, Esq., Shareholder and Director of Weiss Zarett Brofman Sonnenklar & Levy, PC and co-chair of the Firm’s corporate transaction and healthcare regulatory practice, many providers are simply using out of date codes, […]
Continue reading…Medicare Payments On Hold Pending Congressional Sequester Fix
By Mathew J. Levy, Esq. & Zoila Sanchez, J.D., M.P.H.Email Mathew Email Zoila Participating Medicare providers already experiencing financial hardship due to the pandemic would be further hit by a 2% payment cut until Congress takes action next month with the passage of a sequester fix. To address this issue, the Centers for Medicare & Medicaid Services (“CMS”) […]
Continue reading…