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 […]

By Carla Hogan, Esq.Email Carla 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 […]

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 […]

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, […]

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 […]

By Alan H. Sonnenklar, Esq. & Seth A. Nadel, Esq.Email Alan Email Seth 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 […]

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 […]

By Alan H. Sonnenklar, Esq. & Seth A. Nadel, Esq.Email Alan Email Seth On Friday, March 27, 2020, the bipartisan Coronavirus Aid, Relief and Economic Security (“CARES”) Act, intended to provide immediate and much-needed relief to individuals and businesses affected by the ongoing outbreak of COVID-19, was signed into law by President Trump. At a […]

By Jessica Woodrow, Esq.Email the Author The coronavirus pandemic has brought attention to physician shortages in certain regions of the United States. At a March 18 press conference, Vice President Mike Pence announced that the United States Department of Health and Human Services, “at the President’s direction,” would issue a regulation that day allowing “all […]

By Carla Hogan, Esq.Email the Author Congressional leaders have seemingly reached agreement on a $2 trillion dollar package sending urgent financial help to small businesses, government entities, individuals and healthcare providers.  Beginning in April, $1200 checks will be mailed to Americans based on income shown in 2018 taxes, $500 billion in loans will be made […]

By Stacey Lipitz Marder, Esq. & Carla Hogan, Esq.Email Stacey Email Carla The COVID-19 pandemic has taken an unprecedented toll on businesses and their employees from a physical, mental and economic standpoint. While the government continues to focus on fashioning additional safety nets for those quarantined, or deemed positive or caring for family members so […]

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 […]

By David A. Zarett, Esq.Email David 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 good faith, and without malice. As a […]

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 […]

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 […]