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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Force Majeure and Business Interruption in the Age of COVID-19

By Michael D. Brofman, Esq. & Michael J. Spithogiannis, Esq.Email Michael Brofman Email Michael Spithogiannis The onset of the COVID-19 pandemic and government’s response was immediate and stunning, but few had time to fully consider and comprehend the long-term effects on their businesses.  The rights and obligations of commercial tenants to pay rent amid the […]

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Understanding Physician Employee Manuals

By Mathew J. Levy, Esq., & Stacey Lipitz Marder, Esq. Overview: Employees often play a critical role in the success of a medical practice.  Although employees can often be an asset, they can also often be a liability.  As the owner of your business, you are ultimately responsible for the actions of your employees.  In […]

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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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Understanding Physician Employment Contracts

By Mathew J. Levy, Esq. Unfortunately, yet understandably, most physicians are reluctant to read all of the provisions in their employment contracts in the belief that they face a “take it or leave it” quandary. However, physicians often do not realize that while there are provisions in such contracts that are standard in the industry, […]

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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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FFCRA Exemptions Successfully Challenged

By Carla Hogan, Esq. Email Carla In early April, we summarized the federal paid leave law under the Families First Coronavirus Response Act (“FFCRA”) and the U.S. Department of Labor Wage and Hour Division’s (“DOL”) issuance of temporary regulations implementing the FFCRA (“Temporary Rule”).  Subsequently, New York filed an action against the DOL seeking to circumscribe certain exemptions.  On August 3, 2020, a […]

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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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