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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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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Ambulatory Surgery Centers As Investments

By Mathew J. Levy, Esq. and Mauro Viskovic, Esq.  Investments in ambulatory surgery centers (“ASC”) appear to be on the rise. On April 29, 2021, the Office of Inspector General (“OIG”) posted an important advisory opinion¹ in which it concluded that a specific investment in an ASC by certain medical providers would not result in […]

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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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Adult-Use Cannabis Now Legal in New York

By Stacey Lipitz Marder, Esq. A summary of the key provisions of the new law is set forth below. Office of Cannabis Management: The new law establishes the Office of Cannabis Management (OCM), which will be part of the New York State Liquor Authority. The OCM will be responsible in crafting and overseeing the corresponding […]

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Medicare Payments on Hold Pending Congressional Sequester Fix

By Mathew J. Levy, Esq.Email Mathew 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”) is temporarily pausing Medicare […]

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DID YOU SIGN A NON-COMPETE AGREEMENT?

By Mauro Viskovic, Esq.Email the Author These days, more and more companies are requiring their employees to sign restrictive covenant agreements.  These are agreements that are designed to protect a business’s legitimate interests and assets from being misappropriated or improperly utilized by a former employee.  Such agreements often contain non-competition provisions, which may provide that an employee is […]

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EEOC TO RESUME DATA COLLECTION APRIL 26, 2021

By Carla Hogan, Esq.Email the Author The Equal Employment Opportunity Commission (“EEOC”) enforces federal laws applicable generally to employers with 15 or more employees (age discrimination requires 20 employees) and prohibits discriminating against a job applicant or employee because of an employee’s protected characteristics such as race, gender and age, among others.  The laws apply […]

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HHS Exercises Discretion and Declines to Enforce HIPAA Privacy Rules for Use of Web-Based COVID-19 Vaccine Appointment Scheduling Platforms

By Seth A. Nadel, Esq.Email the Author On January 19, 2021, the U.S. Department of Health and Human Services (HHS) issued a notification that the Office of Civil Rights (OCR), the entity responsible for enforcement of HIPAA privacy rules, would exercise its discretion and decline to impose penalties against certain covered entities or their business […]

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Parentage Proceedings Under the Child Parent Security Act

By Jessica Woodrow, Esq.Email the Author This is the fourth installment in the four-part series  The Child-Parent Security Act: Embarking on the Surrogacy Journey The Child Parent Security Act is poised to impact thousands of New Yorkers seeking to start or grow families through third party reproduction. Set to take effect February 15, 2021, the […]

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New York’s Novel Surrogate’s Bill of Rights Provides Unprecedented Protection for Gestational Surrogates

By Jessica Woodrow, Esq.Email the Author This is the third installment in the four-part series  The Child-Parent Security Act: Embarking on the Surrogacy Journey Beginning on February 15, 2021, New Yorkers will be able to legally enter into compensated gestational surrogacy arrangements for the first time. One of the last holdout states in the country, […]

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Weiss Zarett Welcomes Joshua Sussman, Esq.

Joshua Sussman is pleased to announce that he has joined Weiss Zarett Brofman Sonnenklar & Levy, P.C. Joshua brings over 8 years of commercial litigation and real estate litigation experience. He has handled an array of business disputes in New York and New Jersey including disputes between shareholders or members of closely held companies, bankruptcy, […]

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