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.Email Jessica 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 Services Administration and the Drug Enforcement Agency […]

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PPP Loan Forgiveness Issues: When Employees Refuse to be Rehired

On May 3, 2020, the Small Business Administration (“SBA”) issued updated guidance to address the most recent concern of employers who have received Paycheck Protection Program (“PPP”) loans: employees who decline to be rehired. The most compelling feature of PPP loans is the prospect of loan forgiveness. Under the applicable rules, a business receiving a […]

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FFCRA Exemptions Successfully Challenged

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 New York federal district court held […]

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New York COVID-19 Leave Laws

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 the benefit interplay among FFCRA, […]

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

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 Misc.3d 703, (Sup. Ct., Erie County 2019), […]

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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

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 Executive Order 202.14 related to the […]

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New Paid Leave Laws and Regulations Effective April 1

Recently, the U.S. Department of Labor Wage and Hour Division (“DOL”) issued temporary regulations implementing the Families First Coronavirus Response Act (“FFCRA”)[1] (“Temporary Rule”).  This 124-page searchable document provides employers and employees further clarification on the protections and obligat ions afforded under FFCRA’s new paid leave laws and builds on the four earlier guidance documents […]

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CMS Announced Expansion of Accelerated and Advance Payments Program for Providers and Suppliers During COVID-19 Public Health Emergency

By Mathew J. Levy, Esq. Email Mathew On March 28, 2020, the Centers for Medicare & Medicaid Services (CMS) announced an expansion of the Accelerated and Advance Payments Program (AAPP) to all eligible Medicare- Medicare providers and suppliers during the period of the COVID-19 public health emergency. CMS describes the impact of the coronavirus pandemic […]

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Surviving The Virus Shutdown

By Michael D. Brofman, Esq.Email the Author Despite the COVID-19 pandemic, most people will not become infected.  But all of us and our businesses, whether medical, retail, wholesale, professional, real estate or industrial, will be greatly affected by the government ordered shutdown.  Congress has passed the CARES Act to provide SBA financing to small businesses, […]

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Stark Law Waivers Amidst COVID-19 Crisis

By Mathew J. Levy, Esq. & Stacey Lipitz Marder, Esq.Email Mathew Email Stacey In light of the current COVID-19 crisis, the U.S. Department of Health and Human Services has recently issued temporary waivers, including a waiver involving sanctions under the “Stark Law”, in order for providers to be able to focus on providing care to […]

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Application Dates and Sample Application Published for CARES Act Paycheck Protection Program Loans

By Alan H. Sonnenklar, Esq. Email Alan As discussed in our recent article, the Coronavirus Aid, Relief and Economic Security (“CARES”) Act will allocate up to $350 billion to the federal Small Business Administration (“SBA”) to provide Paycheck Protection Program (“PPP”) loans of up to $10 million to cover payroll, rent, mortgage interest and utility […]

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COVID-19 and the Increased Demand for Lawyers’ Expertise

By Mathew J. Levy, Esq. Email Mathew In response to the public health crisis, Federal and State laws are rapidly changing to meet urgent needs. Attorneys knowledgeable in, for example, health care, business, bankruptcy and privacy laws are working nonstop to guide their clients in these highly regulated areas. A recent article published by the […]

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