By Mathew Levy, Esq. & Chaya Rosenbaum, Esq. Email MathewEmail Chaya Effective August 1, 2023 there is a new law that requires health care entities in New York, including physician practices, practice groups, insurance affiliates, facilities, and, notably, management services organizations contracted with medical practices, to file a notice with the state by thirty days […]
Continue reading…Reinstatement to Federally Funded Health Care Programs: Talk to a Health Care Attorney to Discuss Your Options!
By Frank A. Mazzagatti, Esq.Email Frank If you are a licensed healthcare provider who has been excluded from participation in federally funded health care programs, your reinstatement is neither automatic nor guaranteed. Exclusion of individuals and entities from participation in any federal health care program is codified in the Social Security Act (the “Act”) […]
Continue reading…About To Settle with The Government? Talk to a Health Care Attorney First!
By Nicole A. Emanuele, Esq.Email Nicole Are you a physician who has found yourself at the cusp of resolving a proceeding or dispute with a state or federal entity involving an alleged violation of state or federal law? Your first thought may be to settle the matter quickly and quietly by entering into a stipulation […]
Continue reading…New York Court Awards Attorney’s Fees To A Patient Sued By a Physician for Defamation Based on a Negative On-Line Review
By David A. Zarett, Esq.Email David Given the ever-increasing prevalence of social media websites which “rate” physicians (such as Zocdoc and Yelp), it is not unusual for a disgruntled patient to post a negative review regarding a particular doctor. Understandably, any negative review creates consternation for physicians, who fear that the adverse publicity will interfere […]
Continue reading…NYC MANDATES VACCINATION FOR PRIVATE EMPLOYEES
On December 13, 2021, the Commissioner of the New York City Department of Health and Mental Hygiene issued an emergency Order mandating Covid-19 vaccination for private employees pursuant to Section 3.01(d) of the Health Code and Sections 556 and 558 of the New York City Charter. The emergency Order requires covered businesses to generally exclude their unvaccinated […]
Continue reading…HEALTHCARE FRAUD: SELF-DISCLOSURE PROTOCOL UPDATE
By Mathew J. Levy, Esq. Email Mathew What is healthcare fraud? There are the obvious cases of greed, such as physicians billing for fictitious patients, services never performed, and the rendering of unnecessary medical procedures. However, there is more to healthcare fraud than the obvious. This includes widely practiced rule-bending to assist patients, such as exaggerating […]
Continue reading…Understanding Dental Employment Contracts
By Mathew J. Levy, Esq.Email Mathew Unfortunately, yet understandably, most dentists are reluctant to read all of the provisions in their employment contracts in the belief that they face a “take it or leave it” quandary. However, dentists often do not realize that while there are provisions in such contracts that are standard in the […]
Continue reading…Heavy HIPAA Enforcement Efforts!
By Mathew J. Levy, Esq.Email Mathew To date, the U.S. Department of Health and Human Services’ Office of Civil Rights (“OCR”) has resolved 98% of nearly 257,000 Health Insurance Portability and Accountability Act (“HIPAA”) Privacy Rule complaints. OCR has settled and imposed civil monetary penalties totaling $130,980,482.00. According to the HIPAA Journal, in recent years OCR’s enforcement efforts increased. […]
Continue reading…Mandatory Vaccination for Healthcare Workers Expanded by New Emergency Regulations
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 Cuomo. Whereas the previous mandate […]
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
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 Medicaid Services, the New York […]
Continue reading…New York State’s Newly-Announced Vaccine Mandate Policy for Healthcare Entities
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 guidelines urging employers to encourage its workers to get vaccinated, and the requirements of several other U.S. states, including California and […]
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…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…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”) […]
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