Employers Facing Toughened NYS Discrimination Laws

On the close of the 2019 session, the NYS Legislature passed sweeping changes to the State’s discrimination laws that will make it easier for employees and outside contractors who interact with those employees, to bring and sustain discrimination claims.  Expected for immediate signing by Governor Cuomo, the bill provides the following: Expands coverage from over […]

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New Guidance Issued by Medicare Involving Extrapolation

By Mathew J. Levy, Esq. & Stacey Lipitz Marder, Esq.Email Mathew Email Stacey In today’s healthcare climate, many providers have been subject to an audit by Centers for Medicare & Medicaid Services (CMS) whereby CMS (through one of its contractors) requests a sample of records and subsequently determines that the documentation does not substantiate the […]

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Eliminating Kickbacks In Recovery Act

By Alan H. Sonnenklar, Esq.Email Alan The newly enacted federal Eliminating Kickbacks in Recovery Act (“EKRA”) impacts the way healthcare providers may compensate certain employees and referral sources. EKRA prohibits healthcare providers from giving or receiving remuneration for referring a patient to a recovery home, clinical treatment facility or laboratory. For purposes of EKRA, a […]

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Greenway Health, LLC Improper EHR Calculation

By Mathew J. Levy, Esq.Email Mathew The NY Medicaid Electronic Health Records (“EHR”) Incentive Program (now known as the Promoting Interoperability Program) provides eligible professionals and hospitals with incentive payments as they demonstrate adoption, implementation, upgrading, or meaningful use of certified EHR technology. The purpose of the program is to support providers as they transition […]

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Deadline Approaching for Reporting 2018 HIPAA Breaches

By Mathew J. Levy, Esq.Email Mathew Most healthcare providers are aware that they are required to take steps to secure the health information of their patients under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). While most providers ensure that their staff use their best efforts to ensure that all patient health information […]

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Understanding Compliance

By Mathew J. Levy, Esq. & Stacey Lipitz Marder, Esq. It is tough being a provider today. Providers are expected to provide top quality clinical care to their patients and comply with the myriad of rules and regulations governing health care providers at the federal and state level, in additional to rules and regulations instituted […]

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Providers Covered by MLMIC Insurance Policies Between 7/2013 and 7/2016 Eligible to Receive Distribution from Berkshire Hathaway Transaction

As you may be aware, Medical Malpractice Insurance, New York (“MLMIC”) is currently in the process of being acquired by National Indemnity Company (“NICO”), a Berkshire Hathaway subsidiary. Currently, MLMIC is a mutual insurance company, meaning it is owned by its policyholders/insured physicians. Once the sale to NICO is complete, however, the company will be […]

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What Physicians Need to Know About Prescribing Opioid Medications

By David A. Zarett Every healthcare practitioner who prescribes or administers opioid-based medications should, at this point, be aware that the legal and regulatory landscape has evolved considerably in recent years. Currently one of the most hot-button issues in the medical field, opioid prescribing practices have factored prominently into an increase in investigations and prosecutions […]

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Featured in the Journal of the Nassau County Bar Association June 2018: Understanding the Legal Implications Involving Management Services Organizations

By Mathew J. Levy, Esq. Email Mathew Introduction Management Services Organizations (“MSOs”) can provide real and appreciable benefits to busy practitioners, allowing them to provide better patient care, unencumbered by the demands of micromanaging the business. MSOs can also be a productive venture for those who own and operate them. The ability to provide a […]

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The Impact of the Bipartisan Budget Act of 2018 on Telehealth, Stark Law, Anti-Kickback Statute and Civil Monetary Penalties

Weiss Zarett Brofman Sonnenklar & Levy, PC On February 9, 2018, President Trump signed into law the Bipartisan Budget Act of 2018 (the “Budget Act”). The Budget Act extended and modified numerous health care programs, including Children’s Health Insurance Program (“CHIP”), the CHRONIC Care Act and the Medicare Part B Improvement Act. This Alert highlights […]

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Floyd Grossman, Michael Spithogiannis and Jessica Seidman have joined the Firm

Floyd Grossman, Michael Spithogiannis and Jessica Seidman are delighted to announce that they have joined the law firm of Weiss Zarett Brofman Sonnenklar & Levy, P.C., collectively bringing to their new home over 100 years of experience representing clients in commercial and real-estate litigation, commercial real-estate deals and other transactional matters.  They are proud to […]

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Medicare Telehealth Parity Act of 2017

Medicare Telehealth Parity Act of 2017 And Other Proposed Legislation Seeks to Expand Coverage of Telehealth Services Under the Medicare Program Telehealth, also referred to as telemedicine, describes the integration of remote information and communications technology into the provision of medical services. The federal Health Resources and Services Administration (“HRSA”) defines telehealth as “[t]he use […]

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Understanding Telemedicine

By: Mathew J. Levy, Esq. & Stacey Lipitz Marder, Esq. Email the Author It is undisputed that telemedicine is the future of medicine. Telemedicine eliminates distance barriers giving providers the opportunity to render services offsite, as well as to use electronic interactive technologies to assess, diagnose and/or treat medical conditions when patients are not physically present. […]

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