Firm News & Legal Alerts

Friday, July 29, 2016

I am an anesthesiologist and I currently render services on behalf of an ASC. Can the non-anesthesiologist owners of the ASC where I render services share in the revenue generated by me?

Maybe. In light of the OIG opinion rendered 5/25/12 (OIG Advisory Opinion 12-06), any arrangement between an anesthesiologist and an ambulatory surgery center (ASC) (or any other provider) must be analyzed in the context of the general prohibitions under New York and Federal law against kickbacks to ensure that such arrangements are compliant and minimize risk. For additional information please click here to read the article entitled “Understanding Financial Arrangements Between Anesthesiologists and Ambulatory Surgical Centers as Per the Recent OIG Opinion.

Read more . . .

Wednesday, July 27, 2016

Several of my colleagues have been treating their patients remotely using facetime and other video-chatting applications. Am I allowed to do this?

While you are technically able to treat patients remotely via telemedicine, there are many legal and regulatory issues to take into consideration. For instance, practitioners need to understand the risks associated with potential malpractice actions, licensure actions, HIPAA violations, and reimbursement issues. Failure to appropriately utilize telemedicine can have a harmful effect on a practitioner. For additional information please follow click

Read more . . .

Friday, July 1, 2016

Considering Going Out of Network in New York? Food For Thought

As insurance companies continue efforts to reduce reimbursement rates and increase administrative burdens on their participating providers, more and more physicians are considering terminating their in-network contracts with private insurance payors and going out-of-network.  If you or your practice are contemplating doing so, here are some issues you may want to consider when making that decision.

 As an out-of-network physician, you are not limited in the fees that you can charge by either in-network negotiated rates (although you continue to be subject to the Medicare fee schedule for Medicare patients should you continue to accept Medicare); you are free to charge any rate that you believe is commensurate with your expertise and the quality of services you provide, subject to the regulations of the New York State.  Generally, absent a contractual agreement, a physician should charge a reasonable and customary fee for your specialty and geographic area.  Keeping in mind, private payors are increasingly attempting to challenge the fees charged by out-of-network physicians.
Read more . . .

Friday, April 1, 2016

Defending the "Impossible Day" Healthcare Fraud Prosecution

Defending the "Impossible Day" Healthcare Fraud Prosecution is featured within the April 2016 issue of the New Jersey State Bar Association (NJSBA) publication, New Jersey Lawyer.

Mr. Giaquinto is a Partner with Kern Augustine, P.C., where he heads the firm’s white collar criminal law section.
Read more . . .

Friday, January 1, 2016

Firm Name Change: Weiss Zarett Brofman Sonnenklar & Levy, P.C.

Effective January 1, 2016, Weiss, Zarett, Brofman & Sonnenklar, P.C., a law firm concentrating in healthcare and business matters, has changed its name to Weiss Zarett Brofman Sonnenklar & Levy, P.C. as Mathew J. Levy has joined the firm as a principal and will serve as co-chair of the firm’s corporate transaction and healthcare regulatory practice.

Read more . . .

Tuesday, December 8, 2015

AG’s Office Begins Enforcing the Surprise Bill Law

This past Spring, the Surprise Bill Law took effect in New York State, imposing various disclosure and billing requirements on out-of-network providers and insurance companies. The aim of the law is to protect consumers from “surprise” or emergency out-of-network medical bills. Patients who receive surprise bills are to be held harmless, with the exception of their usual in-network co-pays and deductibles. Out-of-network providers and insurance companies are required to resolve any fee disputes in an arbitration-style format.

Read more . . .

Tuesday, December 1, 2015

Physician Assistants, Practices, and Social Networks: Gauging the Risks

As medical practices react to the growing market pressures to grow and/or maintain their patient populations, many are embarking upon an entry into the world of social networks.  While such environments may hold great reward for many businesses, they also hold many concerns and risks unique to physician assistants and their medical practices.  


A “Social Network” is defined by as an online service, platform or site wherein “family, friends and their families, that together create an interconnected system through which alliances are formed, help is obtained, information is transmitted, and strings are pulled. In an organizational setting, it usually constitutes the group of one's peers, seniors, and subordinates who provide information on how to get things done, how the power structure operates, and who holds the strings.
Read more . . .

Wednesday, October 28, 2015

Out-Of-Network Providers Score Victories Over United Healthcare

Over the past year, United Healthcare (“United”) has commenced at least four lawsuits scattered throughout Westchester and Long Island alleging very similar facts and legal claims against out-of-network physicians. Weiss, Zarett, Brofman & Sonnenklar, P.C., has represented defendant out-of-network providers in two of these four cases.

Read more . . .

Friday, September 4, 2015

AG Settlement with Aspen Dental, Inc.

On June 15, 2015, the New York Attorney General’s Office (“AG”) entered into a settlement agreement with Aspen Dental Management, Inc. (“ADMI”), a management services organization (“MSO”) that provides services to dental practices in New York. After receiving over 300 complaints during the past ten years, the AG launched an investigation and ultimately alleged that ADMI was improperly engaged in the corporate practice of dentistry, and that the compensation arrangements between ADMI and its dental practice clients (the “Practices”) constituted improper fee-splitting between professionals and non-professionals. 

Read more . . .

Tuesday, September 1, 2015



As the national conversation on health care becomes increasingly focused on end-of-life care and, more specifically, the quality of such care, states have become progressively interested in providing patients with a clear and efficient manner in which to direct their end-of-life care choices. On June 1, 2010, the New York State Department of Health updated its existing Medical Orders for Life Sustaining Treatment form, the MOLST form,1 to make it more user friendly and to align it with provisions of the Family Health Care Decisions Act (“FHCDA”)2. A MOLST form is generally for patients who have serious health conditions and have a life expectance of less than one year, want to state their wishes regarding life-sustaining treatment or patients who reside in long-term care facilities. The MOLST form is printed on bright “pulsar” pink heavy stock paper3 and is a medical order signed by a New York State (or a border state) physician.  

Read more . . .

Wednesday, July 1, 2015


Legal Red Flags

It is estimated that approximately $60 billion is lost annually to fraud. During the 2014 Fiscal Year, the Federal Government recovered $2.3 billion in Federal fraud judgments and settlements. Laws that fall within the scope of fraud and abuse include: Federal False Claims Act, State False Claims Act, Federal Anti-Kickback Statute, Federal Stark Law, and NJ “Codey Law”. Similarly, there are many types of medical fraud such as; False Patients, False Claims, Unbundling, Upcoding, Self-Referrals, Criminal Activity, and Unnecessary Treatment and/or issues concerning the prescribing of Durable Medical Equipment (“DME”).
Read more . . .

Archived Posts


© 2019 Weiss Zarett Brofman Sonnenklar & Levy, P.C. | Disclaimer
3333 New Hyde Park Road, #211, New Hyde Park, NY 11042
| Phone: 516.627.7000

Healthcare Law | Business Law | Attorneys | Publications | Contact Us

Law Firm Website Design by
Amicus Creative