By Alan H. Sonnenklar, Esq. Email Alan 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 price tag of roughly $2 trillion, […]
Continue reading…HHS To Issue Regulation Allowing Physicians to Practice Across State Lines Without Additional Licensing
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 doctors and medical professionals to practice […]
Continue reading…Massive Federal Stimulus Negotiated
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 available for distressed businesses, $350 billion […]
Continue reading…COVID-19 and Small Businesses
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 situated, the government has yet to offer significant relief to small business […]
Continue reading…OCR Announces Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency
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 patients, impose much stricter requirements than […]
Continue reading…New York’s Highest Court Denies Right to Recover for OPMC Complaint Filed in “Bad Faith”
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 […]
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
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 targeted at identifying and eliminating fraud and […]
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…As California Goes: What You Need To Know About CCPA Exemptions
By Jessica Woodrow, Esq.Email the Author The California Consumer Privacy Act (“CCPA”), California’s sweeping new data privacy law enacted on June 28, 2018, goes into effect in January 2020. Because California has historically been the vanguard for social, legislative, and political innovation, and because of its similar-but-different compatibility with the EU’s General Data Protection Regulation, […]
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 […]
Continue reading…More Employees Eligible for Overtime Under New Federal Rule
Effective January 1, 2020, a new federal overtime threshold will make millions more Americans eligible for overtime pay for working more than 40 hours per week. The federal white-collar exemption currently tied to $455 per week ($23,660 annually) will be raised to $684 per week ($35,568 annually). Any employee under the $35,000 limit will be […]
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