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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New Paid Leave Laws and Regulations Effective April 1

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 […]

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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. & 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 […]

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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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CARES Act Promises Access to SBA Loans and Future Loan Forgiveness for Small Businesses (Including Physician and Professional Practices) Impacted by the COVID-19 Pandemic

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 […]

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HHS To Issue Regulation Allowing Physicians to Practice Across State Lines Without Additional Licensing

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 […]

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Massive Federal Stimulus Negotiated

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 […]

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COVID-19 and Small Businesses

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 […]

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OCR Announces Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency

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 […]

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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 […]

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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 […]

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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 […]

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