Entering Into Surrogacy Agreements Under the Child-Parent Security Act

By Jessica Woodrow, Esq.Email Jessica 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, […]

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Compensated Surrogacy Brings Sweeping Change for New York Families

By Jessica Woodrow, Esq.Email Jessica 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, […]

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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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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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NYS OMIG STREAMLINES COMPLIANCE CERTIFICATION REQUIREMENTS

By Mathew J. Levy, Esq.Email Mathew Effective immediately, the New York State Office of the Medicaid Inspector General (OMIG) implemented changes to the annual Compliance Certification Requirement (NYS Social Services Law (SSL) §363-d) which we discussed in a prior Blast.  This change impacts ALL NYS PROVIDERS AND BILLING COMPANIES that have received or billed at […]

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SEC Proposes Eliminating a Significant Burden on Raising Capital in Private Markets

By Mauro Viskovic, Esq. Email the Author Startup, developmental and emerging growth businesses nationwide welcomed a recent proposal from the Securities and Exchange Commission that, if adopted, would make it considerably less difficult for them to raise capital.   For many businesses seeking to raise start-up or working capital, banks are simply not an option due to […]

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QUI TAM/WHISTLEBLOWER SETTLEMENT OBTAINED FOR FIRM CLIENT

Press Release: Weiss Zarett Brofman Sonnenklar & Levy, P.C., represents client in Whistleblower Case against New York City Health and Hospitals Corporation and Former Program Director of the Podiatric Medicine and Surgery Residency Program at Coney Island Hospital, which pays $1.25 million to Settle Lawsuit Alleging Submission of False Claims to Medicare and Medicaid Brooklyn, […]

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Proposed Rule for 2021 Medicare Fee Schedule Includes Changes to Telehealth Billing and Use of Evaluation and Management Codes

By Seth A. Nadel, Esq.Email the Author On August 3, 2020, the Centers for Medicare and Medicaid Services (“CMS”) issued its Proposed Rule for the 2021 Medicare Physician Fee Schedule (“Proposed Fee Schedule”). The Proposed Fee Schedule incorporates several proposals which could affect future physician billing, including changes to rules regarding use of Evaluation and Management […]

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MAURO VISKOVIC, ESQ. HAS JOINED THE FIRM

By Mauro Viskovic, Esq.Email the Author Mauro Viskovic is pleased to announce that he has joined Weiss Zarett Brofman Sonnenklar & Levy, P.C., bringing with him over 20 years of experience representing clients in mergers and acquisitions, corporate finance deals, private fund matters, and a wide range of other transactional and securities law matters. Mauro […]

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2020 OIG COMPLIANCE WORK PLAN

By Mathew J. Levy, Esq., & Stacey Lipitz Marder, Esq.Email Mathew Email Stacey Investigations by Medicare and Medicaid are constantly on the rise. Each year, a Work Plan is published by the Office of the Inspector General (OIG) (which is updated monthly) showing the priorities and major initiatives that it intends to investigate during the […]

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Out and Back: COVID-19 Paid Leave Changes in New York

By Carla Hogan, Esq. Email Carla In previous articles, we summarized the federal paid-leave laws and regulations under the Families First Coronavirus Response Act (“FFCRA”) and the New York State Paid Sick Leave for COVID-19, and the benefit interplay between the federal, state and New York City laws and regulations. As previously reported, under the New York State Paid Sick Leave for […]

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Preliminary Injunctive Relief and Medical Staff Privileging Disputes

By David A. Zarett, Esq. Email David Adverse action by a hospital against a physician’s medical-staff appointment or clinical privileges—such as summary suspension, termination or non-renewal—poses potentially catastrophic consequences to a physician’s practice and career. While most hospitals afford the physician internal “due process” hearing rights to challenge the adverse action, such a remedy could […]

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Impact of COVID-19 on Healthcare Providers Involved in Litigation

By Weiss Zarett Brofman Sonnenklar & Levy, PCEmail Weiss Zarett Brofman Sonnenklar & Levy As healthcare providers continue to focus their efforts on battling the COVID-19 pandemic, litigators across New York have welcomed once-thought unconventional modes of conducting depositions, hearings and oral arguments with open arms.  As the courts, for the most part, remain closed […]

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New Investigations Related To COVID-19

By Mathew J. Levy, Esq.Email Mathew PRICE GOUGING INVESTIGATIONS: On March 16, 2020, the Department of Justice (DOJ) added new prosecutorial tools to its arsenal, directing each U.S. Attorney’s Office to prioritize the detection, investigation, and prosecution of criminal conduct relating to the current pandemic. DOJ has created a COVID-19 Hoarding and Price Gouging Task […]

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