DOCTORS WIN BIG IN THE COURT OF APPEALS – COURT SETTLES DISPUTE OVER MLMIC SALE PROCEEDS

By Michael J. Spithogiannis, Esq. and Seth A. Nadel, Esq.Email MichaelEmail Seth The New York Court of Appeals, by a unanimous bench, decided a question that has been highly contested throughout New York State emanating from the sale and demutualization of Medical Liability Mutual Insurance Company (“MLMIC”), a mutual insurance company in the business of […]

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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 […]

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NYC MANDATES VACCINATION FOR PRIVATE EMPLOYEES

By Jessica Woodrow, Esq.Email Jessica 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 […]

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HEALTHCARE FRAUD: SELF-DISCLOSURE PROTOCOL UPDATE

By Mathew J. Levy, Esq. & Seth A. Nadel, Esq.Email MathewEmail Seth 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 […]

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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 […]

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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. […]

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Mandatory Vaccination for Healthcare Workers Expanded by New Emergency Regulations

By Jessica Woodrow, Esq.Email Jessica 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 […]

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New York State’s Newly-Announced Vaccine Mandate Policy for Healthcare Entities

By Joshua D. Sussman, Esq., Beth E. Roxland, Esq., Jessica Woodrow, Esq. & Carla Hogan, Esq.Email Joshua Email BethEmail JessicaEmail Carla 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 […]

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The 21st Century Cures Act Final Rule Has Taken Effect

By Mathew J. Levy, Esq. & Jessica Woodrow, Esq.Email Mathew Email Jessica 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), […]

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A young man using his laptop to video chat with his doctor through telehealth

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 […]

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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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CLIENT ALERT: CMS and OIG Move to Expand Exceptions and Safe Harbors to Stark Law and Anti-Kickback Statute

By Mathew J. Levy, Esq. & Mauro Viskovic, Esq. Email Mathew Email Mauro On November 20, 2020, the Centers for Medicare and Medicaid Services (“CMS”) and the Office of Inspector General (“OIG”) adopted significant changes to regulations regarding the Anti-Kickback Statute (“AKS”) and the Physician Self-Referral Law (“Stark Law”).  Among the changes are those that expand, […]

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New OPMC Signage Requirements: Updates to New York Public Health Law Mandate that Medical Practices Post Visible Sign Directing Patients to OPMC Website

By Seth A. Nadel, Esq.Email the Author Effective October 7, 2020, updates to New York’s Public Health Law have imposed a new requirement on physician practices to post conspicuous signage directing patients to the website of the Office of Professional Medical Conduct (OPMC) and advising them that they may visit the OPMC website to report […]

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