Every year, we remind our clients that the HIPAA Breach Notification Rule (45 C.F.R. § 164.408) requires covered entities to notify the Secretary of the Department of Health and Human Services via the Office for Civil Rights (OCR) of any reportable small data breaches within 60 days of the end of the calendar year in […]
Continue reading…Anatomy of A Business Dispute: Preparing to Sue
By Michael J. Spithogiannis, Esq. Thorough pre-litigation preparation is essential to any lawsuit, but it is particularly so in a case contesting conduct of those who manage corporations and limited-liability companies. Such entities can be closely held, meaning their stock or membership interests are not freely traded and are held by relatively few individuals. In a perfect world, […]
Continue reading…December Deadline Approaching for New York Medicaid Providers to Certify Compliance Program Requirements
By Seth A. Nadel, Esq. Providers who bill $500,000.00 or more to the New York Medicaid program in any 12-month period should be aware that, pursuant to Social Services Law § 363-d, 18 NYCRR Part 521, and the Deficit Reduction Act of 2005, they are required to adopt and implement a compliance program targeted at […]
Continue reading…New Requirement Involving Professional Practice Entities
By Alan Sonnenklar, Esq. & Stacey Lipitz Marder, Esq. As of October 1, 2019, the New York State Education Department is requiring that professional practice entities (PCs or PLLCs) submit an affidavit when forming a new entity, filing to do business in New York, or changing the name of the entity. If the affidavit is […]
Continue reading…As California Goes: What You Need To Know About CCPA Exemptions
By Jessica A. Woodrow, Esq. The California Consumer Privacy Act (“CCPA”), California’s sweeping new data privacy law enacted on June 28, 2018, goes into effect in January 2020. Because California has historically been the vanguard for social, legislative, and political innovation, and because of its similar-but-different compatibility with the EU’s General Data Protection Regulation, healthcare […]
Continue reading…More Employees Eligible for Overtime Under New Federal Rule
By Carla Hogan, Esq. Effective January 1, 2020, a new federal overtime threshold will make millions more Americans eligible for overtime pay for working more than 40 hours per week. The federal white-collar exemption currently tied to $455 per week ($23,660 annually) will be raised to $684 per week ($35,568 annually). Any employee under the $35,000 […]
Continue reading…Understanding the Legal Ramifications Involving Medispas
By Mathew J. Levy, Esq. and Stacey Lipitz Marder, Esq. Introduction Medical Spas (“Medispa”) are becoming very popular as business men and women seek to capitalize on being able to provide botox, fillers, lasers and other medical services to their clientele. While many healthcare providers are being presented with enticing opportunities to become involved with […]
Continue reading…Weiss Zarett Wins Dismissal of Hospital’s Complaint in MLMIC Litigation
By Seth A. Nadel, Esq. As discussed in a prior client alert, in late-2018, MLMIC – a mutual medical malpractice insurance company – was sold to Berkshire Hathaway and “demutualized,” meaning it was converted from a mutual insurance company owned by its physician-policyholders to a stock insurance company owned by conventional shareholders. As part of […]
Continue reading…Understanding the Negotiation of Managed Health Care Contracts
By Mathew J. Levy, Esq. To the dismay of most self-employed physicians today, both the practice of medicine and the “business” of medicine have become so intertwined that it has become impossible to differentiate between the two. Unfortunately, physicians who choose to resist this trend, or worse ignore it, too often find themselves mired in […]
Continue reading…Employers Facing Toughened NYS Discrimination Laws
By Carla Hogan, Esq. On the close of the 2019 session, the NYS Legislature passed sweeping changes to the State’s discrimination laws that will make it easier for employees and outside contractors who interact with those employees, to bring and sustain discrimination claims. Expected for immediate signing by Governor Cuomo, the bill provides the following: […]
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