Third Department Reverses Award of MLMIC Demutualization Proceeds to Employer, Rules Employee-Policyholder is Legally Entitled to Disputed Funds

By Seth A. Nadel, Esq.Email the Author As discussed in a prior article, on April 24, 2020, the Appellate Division, Fourth Department, in the case of Maple-Gate Anesthesiologists v. Nasrin, 182 A.D. 3d 984 (4th Dep’t 2020), unanimously affirmed a decis*ion of the Erie County Supreme Court that a physician-policyholder was entitled to the proceeds […]

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ANATOMY OF A BUSINESS DISPUTE: PREPARING TO SUE

By Michael J. Spithogiannis, Esq.Email the Author Thorough pre-litigation preparation is essential to any lawsuit, but it is particularly so in a case contesting conduct of those who manage corporations and limited-liability companies.  Such entities can be closely held, meaning their stock or membership interests are not freely traded and are held by relatively few […]

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How To Prepare For A Deposition

By Weiss Zarett Brofman Sonnenklar & Levy, PC During litigation, whether you are a physician, a business owner, or simply a non-party witness, there will likely come a time that you will be faced with having to testify at a deposition.  In Part One of this series, we explained what a deposition is and what […]

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What To Expect At A Deposition

By Weiss Zarett Brofman Sonnenklar & Levy, PCEmail Weiss Zarett Brofman Sonnenklar & Levy, PC During litigation, whether you are a physician, a business owner, or simply a non-party witness, there will likely come a time that you will be faced with having to testify at a deposition.  This article explains what a deposition is […]

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GUIDANCE FOR TELEHEALTH SERVICES DURING THE COVID-19 PANDEMIC: MEDICAID REIMBURSEMENT AND BUPRENORPHINE PRESCRIBING

By Jessica Woodrow, Esq. & Carla Hogan, Esq. Email Jessica Email Carla Starting March 13, 2020, the New York State Department of Health (DOH) has allowed electronic/virtual telehealth services for Medicaid beneficiaries for the duration of the ongoing COVID-19 pandemic. Other New York state agencies have followed suit. Additionally, the Substance Abuse and Mental Health […]

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New York COVID-19 Leave Laws

By Carla Hogan, Esq.Email Carla Previously, we summarized the April 1 federal paid leave laws and regulations under the Families First Coronavirus Response Act (“FFCRA”).  Two weeks earlier, New York State enacted similar COVID-19 legislation providing paid sick leave to State employees subject to a mandatory or precautionary COVID-19 order of quarantine.  Here we compare […]

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Maple-Gate Affirmed: Fourth Department Rules Employee-Policyholder is Entitled to MLMIC Demutualization Payment

By Seth A. Nadel, Esq.Email the Author In March 2019, the Erie County Supreme Court issued the first substantive decision in a lawsuit regarding whether the employees who were the named policyholders or the employers who paid the insurance premiums were entitled to the proceeds of the MLMIC demutualization. In Maple-Gate Anesthesiologists v. Nasrin, 63 […]

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Understanding Private Equity Transactions in Healthcare

By Mathew J. Levy, Esq. & Stacey Lipitz Marder, Esq.Email Mathew Email Stacey Introduction When healthcare providers consider their options with respect to selling their practices, many providers are entertaining the idea of selling their practices to a private equity firm. While this may seem very enticing to many providers as the purchase price is […]

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Appropriation Of Medical Equipment Under New York State Executive Order 202.14

By Jessica Woodrow, Esq.Email the Author As the COVID-19 pandemic persists and New Yorkers continue to abide by mandatory social distancing measures, many healthcare facilities across the state face severe shortages of essential medical equipment including ventilators and personal protective equipment. In response to the ongoing emergency, on April 7, 2020 Governor Andrew Cuomo signed […]

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