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 […]
Continue reading…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 […]
Continue reading…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 […]
Continue reading…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 […]
Continue reading…New York Supreme Court Dismisses Employer’s Complaint in MLMIC Litigation
By David A. Zarett, Esq. Email David In a prior web alert, we discussed the sale and demutualization of Medical Liability Mutual Insurance Company (“MLMIC”), and how physician-policyholders insured by MLMIC between 7/2013 and 7/2016 were entitled to the proceeds arising from that transaction. We also discussed that MLMIC had an “objection” procedure for certain […]
Continue reading…Department of Health Prescribes Additional Opioid Treatment Guidelines
By David A. Zarett, Esq. Email David By letter dated February 13, 2019, the New York State Department of Health released written guidance to physicians who prescribe opioids for pain lasting longer than three (3) months. Effective April 1, 2018, legislation signed by Governor Cuomo, as part of the 2018-2019 New York State Fiscal Year […]
Continue reading…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 […]
Continue reading…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 […]
Continue reading…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 […]
Continue reading…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 […]
Continue reading…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 […]
Continue reading…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 […]
Continue reading…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 […]
Continue reading…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 […]
Continue reading…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. […]
Continue reading…Understanding Physician Employment Contracts When Joining a Hospital
By Mathew J. Levy, Esq. Physicians presented with a new employment agreement from a hospital may feel as if they are unable to negotiate any of the terms and conditions contained in the agreement. While certain terms may be non-negotiable and considered industry standard, there are many provisions in a hospital employment agreement that may […]
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