By Alan H. Sonnenklar, Esq. & Eli N. Dollman, Esq. The newly enacted federal Eliminating Kickbacks in Recovery Act (“EKRA”) impacts the way healthcare providers may compensate certain employees and referral sources. EKRA prohibits healthcare providers from giving or receiving remuneration for referring a patient to a recovery home, clinical treatment facility or laboratory. For […]
Continue reading…New York Supreme Court Dismisses Employer’s Complaint in MLMIC Litigation
By David A. Zarett, Esq. & Seth A. Nadel, Esq. In a prior web alert, we discussed the sale and demutualization of Medical Liability Mutual Insurance Company (“MLMIC”), and how physician-policyholders insured by MLMIC between 7/2013 and 7/2016 were entitled to the proceeds arising from that transaction. We also discussed that MLMIC had an “objection” […]
Continue reading…Deadline Approaching for Reporting 2018 HIPAA Breaches
By Mathew J. Levy, Esq., Seth A. Nadel, Esq. & Stacey Lipitz Marder, Esq. Most healthcare providers are aware that they are required to take steps to secure the health information of their patients under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). While most providers ensure that their staff use their best […]
Continue reading…Understanding Compliance
By Mathew J. Levy, Esq. & Stacey Lipitz Marder, Esq. It is tough being a provider today. Providers are expected to provide top quality clinical care to their patients and comply with the myriad of rules and regulations governing health care providers at the federal and state level, in additional to rules and regulations instituted […]
Continue reading…New York’s Mandatory Compliance Program Obligation Deadline Approaching
By Mathew J. Levy, Esq. & Stacey Lipitz Marder, Esq. As per applicable New York State law, certain providers in New York State are required to have an effective compliance program in place and certify on an annual basis that such compliance plan has been implemented and is effective. Specifically, the following providers are required […]
Continue reading…National Practitioner Data Bank Updates NPDB Guidebook for 2018
By David A. Zarett, Esq. & Seth A. Nadel, Esq. The National Practitioner Data Bank (“NPDB”) serves as a repository of information regarding adverse actions taken against medical professionals. Brought about with the stated goal of increasing the quality of healthcare, as well as curbing healthcare fraud and abuse, the NPDB created a national resource […]
Continue reading…Infusion of Private Equity into Healthcare Marketplace Presents Both Opportunities and Challenges for Physicians and Investors
By Alan H. Sonnenklar, Esq. & Seth A. Nadel, Esq. Faced with the growing challenge of finding attractive investment opportunities, private-equity firms have increasingly turned to the healthcare industry to bolster returns for themselves and their investors. In 2017, according to one estimate, the disclosed value of healthcare-related private equity deals reached roughly $42.6 billion. […]
Continue reading…Commercial Tenants Beware For The Times They Are A-Changin’
By Floyd G. Grossman and Michael J. Spithogiannis A commercial lease is a vital asset to every commercial tenant.[2] The lease sets forth the rights, obligations and liabilities between the landlord and the tenant. Generally, the balance of power in such a relationship favors the landlord. In most cases, the landlord drafts the lease; and […]
Continue reading…Financing for Medical Practices and Small Businesses
By Michael D. Brofman, Esq. Business financing is commonplace in today’s economy in order to provide steady cash flow. Most standard business financing is asset based; meaning that it is based upon advancing money up to a percentage of the accounts receivable that are deemed by the lender to be “eligible” (usually meaning not over […]
Continue reading…Understanding Family Leave Benefits in New York
Mathew J. Levy, Esq. Stacey Lipitz Marder, Esq. Weiss Zarett Brofman Sonnenklar & Levy, P.C. A decision many employers grapple with concerns the benefits, such as paid leave or job security, offered to expectant mothers and others who need to take time off to care for newborns and sick family members. Offering paid maternity, paternity […]
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