By Seth A. Nadel, Esq.Email the Author 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 […]
Continue reading…New Requirement Involving Professional Practice Entities
By Alan Sonnenklar, Esq. & Stacey Lipitz Marder, Esq.Email Alan Email Stacey 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 […]
Continue reading…As California Goes: What You Need To Know About CCPA Exemptions
By Jessica Woodrow, Esq.Email the Author 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, […]
Continue reading…More Employees Eligible for Overtime Under New Federal Rule
By Carla Hogan, Esq.Email the Author 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 […]
Continue reading…Understanding the Legal Ramifications Involving Medispas
By Mathew J. Levy, Esq. and Stacey Lipitz Marder, Esq.Email Mathew Email Stacey 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 […]
Continue reading…Weiss Zarett Wins Dismissal of Hospital’s Complaint in MLMIC Litigation
By Seth A. Nadel, Esq.Email the Author 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 […]
Continue reading…Understanding the Negotiation of Managed Health Care Contracts
By Mathew J. Levy, Esq.Email the Author 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 […]
Continue reading…Employers Facing Toughened NYS Discrimination Laws
By Carla Hogan, Esq.Email the Author 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 […]
Continue reading…Eliminating Kickbacks In Recovery Act
By Alan H. Sonnenklar, Esq.Email Alan 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 purposes of EKRA, a […]
Continue reading…New York Supreme Court Dismisses Employer’s Complaint in MLMIC Litigation
By David A. Zarett, Esq. & Seth A. Nadel, Esq. Email David Email Seth 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 […]
Continue reading…Deadline Approaching for Reporting 2018 HIPAA Breaches
By Mathew J. Levy, Esq., Seth A. Nadel, Esq. & Stacey Lipitz Marder, Esq.Email Mathew Email Seth Email Stacey 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 […]
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 […]
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