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

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 to all work activities such as […]

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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

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 associates with respect to the use of […]

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Parentage Proceedings Under the Child Parent Security Act

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 CPSA sets forth clear legal procedures […]

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

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, New York legislators resisted surrogacy for […]

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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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Entering Into Surrogacy Agreements Under the Child-Parent Security Act

This is the second installment in the four-part series  The Child-Parent Security Act: Embarking on the Surrogacy Journey On February 15, 2021, the Child-Parent Security Act (“CPSA”) will take effect, eliminating New York’s longstanding proscription against compensated gestational surrogacy. Signed into law by Governor Andrew Cuomo on April 2, 2020, the CPSA will not only […]

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Compensated Surrogacy Brings Sweeping Change for New York Families

This is the first installment in the four-part series  The Child-Parent Security Act: Embarking on the Surrogacy Journey On February 15, 2021, the Child-Parent Security Act (“CPSA”) will take effect, eliminating New York’s longstanding proscription against compensated gestational surrogacy. Signed into law by Governor Andrew Cuomo on April 2, 2020, the CPSA will not only […]

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New York State Adopts Extensive Rule Changes Affecting Investment Community

By Mauro Viskovic, Esq.Email Mauro New York State Attorney General Letitia James recently announced major changes to rules affecting a broad range of investment professionals and the investment industry in general.  The new rules will change the regulatory process for offering investment securities to New York residents and will implement registration requirements for business brokers or […]

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OCR’s Audit Report Reveals Concerns that Continue to Guide HIPAA Enforcement

By Mathew J. Levy, Esq. Email Mathew Recently, the Office of Civils Rights (OCR) within the U.S. Department of Health and Human Services (HHS) published its 2016-2017 Health Insurance Portability and Accountability Act (HIPAA) Audits Industry Report. HHS is required to periodically audit a sample of covered entities and business associates for HIPAA compliance under […]

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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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