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. Email Mathew 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), aims to transform on a […]
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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
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 Safety Plan and (2) 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…DID YOU SIGN A NON-COMPETE AGREEMENT?
By Mauro Viskovic, Esq.Email the Author These days, more and more companies are requiring their employees to sign restrictive covenant agreements. These are agreements that are designed to protect a business’s legitimate interests and assets from being misappropriated or improperly utilized by a former employee. Such agreements often contain non-competition provisions, which may provide that an employee is […]
Continue reading…EEOC TO RESUME DATA COLLECTION APRIL 26, 2021
The Equal Employment Opportunity Commission (“EEOC”) enforces federal laws applicable generally to employers with 15 or more employees (age discrimination requires 20 employees) and prohibits discriminating against a job applicant or employee because of an employee’s protected characteristics such as race, gender and age, among others. The laws apply to all work activities such as […]
Continue reading…HHS Exercises Discretion and Declines to Enforce HIPAA Privacy Rules for Use of Web-Based COVID-19 Vaccine Appointment Scheduling Platforms
On January 19, 2021, the U.S. Department of Health and Human Services (HHS) issued a notification that the Office of Civil Rights (OCR), the entity responsible for enforcement of HIPAA privacy rules, would exercise its discretion and decline to impose penalties against certain covered entities or their business associates with respect to the use of […]
Continue reading…Parentage Proceedings Under the Child Parent Security Act
This is the fourth installment in the four-part series The Child-Parent Security Act: Embarking on the Surrogacy Journey The Child Parent Security Act is poised to impact thousands of New Yorkers seeking to start or grow families through third party reproduction. Set to take effect February 15, 2021, the CPSA sets forth clear legal procedures […]
Continue reading…New York’s Novel Surrogate’s Bill of Rights Provides Unprecedented Protection for Gestational Surrogates
This is the third installment in the four-part series The Child-Parent Security Act: Embarking on the Surrogacy Journey Beginning on February 15, 2021, New Yorkers will be able to legally enter into compensated gestational surrogacy arrangements for the first time. One of the last holdout states in the country, New York legislators resisted surrogacy for […]
Continue reading…Weiss Zarett Welcomes Joshua Sussman, Esq.
Joshua Sussman is pleased to announce that he has joined Weiss Zarett Brofman Sonnenklar & Levy, P.C. Joshua brings over 8 years of commercial litigation and real estate litigation experience. He has handled an array of business disputes in New York and New Jersey including disputes between shareholders or members of closely held companies, bankruptcy, […]
Continue reading…Entering Into Surrogacy Agreements Under the Child-Parent Security Act
This is the second installment in the four-part series The Child-Parent Security Act: Embarking on the Surrogacy Journey On February 15, 2021, the Child-Parent Security Act (“CPSA”) will take effect, eliminating New York’s longstanding proscription against compensated gestational surrogacy. Signed into law by Governor Andrew Cuomo on April 2, 2020, the CPSA will not only […]
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