By Mathew J. Levy, Esq. & Zoila Sanchez, J.D., M.P.H.Email MathewEmail Zoila 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 […]
Continue reading…Banking in the Cannabis Industry: Update on the SAFE Banking Act
By Mauro Viskovic Esq.Email Mauro On April 19, 2021, the U.S. House of Representatives passed the Secure and Fair Enforcement (SAFE) Act of 2021, which would serve to greatly expand the financing alternatives to cannabis-related legitimate businesses and service providers for such businesses. The bill is currently sitting within the Senate’s Committee on Banking, Housing and […]
Continue reading…Commercial Litigation: Enforcing Employee Non-Compete Clauses
By Joshua D. Sussman, Esq.Email Joshua Your Director of Sales suddenly quits and announces they are joining a direct competitor up the road. The new opportunity is in direct breach of their non-compete agreement, which prohibits them from competing with your company within ten miles of your office for two years after the end of […]
Continue reading…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 […]
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
By Seth A. Nadel, Esq.Email Seth 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 […]
Continue reading…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 […]
Continue reading…How to Prepare for OPMC Investigations: A Legal Perspective
In the state of New York, there is an office within the Department of Health that serves to investigate claims of medical misconduct, known as the Office of Professional Medical Conduct or “OPMC.” While the scope of OPMC’s jurisdiction is not unlimited, they play a heavy hand and are the primary governmental enforcement agency responsible […]
Continue reading…HOW NEIGHBORLY DO YOU HAVE TO BE?
By Michael J. Spithogiannis, Esq. & Floyd G. Gossman, Esq.Email Michael Email Floyd You hear a knock on the door. . . . It’s your next-door neighbor, who tells you about plans to make improvements to his property. You are assured by your neighbor that all improvements will be made according to applicable building codes, and that […]
Continue reading…Do Your Employee Confidentiality Agreements Comply with Applicable Law?
By Mauro Viskovic, Esq.Email Mauro Although it has been nearly eleven years since The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) was enacted, many companies continue to violate Dodd-Frank by failing to incorporate the necessary whistle-blower protections in their employee confidentiality agreements. Pursuant to Dodd-Frank, the Securities Exchange Commission (“SEC”) promulgated Rule 21F-17 […]
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