By Jessica Woodrow, Esq.Email the Author The ongoing coronavirus epidemic is poised to launch a period of explosive growth for remote health care providers. The HIPAA Privacy Rule implies that exchanging ePHI remotely is acceptable for direct patient-physician communications; however, existing HIPAA guidelines on telemedicine, which affect physicians and healthcare organizations providing remote services for […]
Continue reading…New York’s Highest Court Denies Right to Recover for OPMC Complaint Filed in “Bad Faith”
By David A. Zarett, Esq. & Zoila Sanchez, J.D., M.P.H.Email David Email Zoila State law provides legal immunity from liability to any person who reports physician misconduct to the New York Office of Professional Misconduct (“OPMC”). New York Public Health Law § 230(11)(b). But this immunity is limited, extending only to those reports made in […]
Continue reading…Liquidated Damages and Oral Amendments to Written Contracts
By Michael D. Brofman, Esq.Email the Author Many business people and professionals, including physicians, have seen liquidated damages provisions in both business and employment agreements. Effectively, the liquidated damages provisions in such agreements may provide that in the event one party to the agreement breaches the contract, that breaching party agrees that the other party […]
Continue reading…New York Shield Act
By Stacey Lipitz Marder, Esq.Email the Author As per New York’s Stop Hacks and Improve Electric Data Security (“SHIELD”) Act, which was signed into law on July 25, 2019, significant amendments have been made to the existing New York State Information Security Breach and Notification Act (“NY Breach and Notification Act”). This law governs notification […]
Continue reading…Manslaughter Charges Affirmed Against Prescribing Physician For Patients’ Fatal Overdoses
By Jessica M. Seidman, Esq.Email the Author In the current climate of heightened awareness of the dangers of opioid addiction–and enhanced enforcement by New York State Health Department’s Office of Professional Medical Conduct and the Drug Enforcement Administration–New York’s highest court, by majority decision, has recently affirmed the conviction of a physician on charges of […]
Continue reading…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 […]
Continue reading…December Deadline Approaching for New York Medicaid Providers to Certify Compliance Program Requirements
By Seth A. Nadel, Esq.Email the Author Providers who bill $500,000.00 or more to the New York Medicaid program in any 12-month period should be aware that, pursuant to Social Services Law § 363-d, 18 NYCRR Part 521, and the Deficit Reduction Act of 2005, they are required to adopt and implement a compliance program […]
Continue reading…New Requirement Involving Professional Practice Entities
By Alan Sonnenklar, Esq. & Stacey Lipitz Marder, Esq.Email Alan Email Stacey As of October 1, 2019, the New York State Education Department is requiring that professional practice entities (PCs or PLLCs) submit an affidavit when forming a new entity, filing to do business in New York, or changing the name of the entity. If […]
Continue reading…Understanding the Issues Related to Concierge Medicine
By Mathew J. Levy, Esq.Email the Author Since its introduction in the mid-1990s in Seattle, Washington, a growing number of medical practitioners have converted their medical practices into “concierge” practices, or they have joined concierge practice networks. These practitioners have found fulfillment, flexibility, and financial gain; they can once again enjoy practicing medicine and reduce […]
Continue reading…New Medicare Rule
By Mathew J. Levy, Esq. & Stacey Lipitz Marder, Esq.Email Mathew Email Stacey As of November 4, 2019, a new Medicare Rule known as the Program Integrity Enhancements to the Provider Enrollment Process (CMS-6058-FC) became effective. This Rule gives Centers for Medicare and Medicaid Services (CMS) broader authority to deter fraud by preventing certain providers and suppliers from […]
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