By Mathew J. Levy, Esq., Seth A. Nadel, Esq. & Stacey Lipitz Marder, Esq., Email Mathew Email Seth Email Stacey The Centers for Medicare & Medicaid Services (“CMS”) is currently experiencing a substantial administrative backlog in processing provider-appeals related to pending Medicare claims. Consequently, in response to the high volume of appeals and as a […]
Continue reading…Understanding Family Leave Benefits in New York
Mathew J. Levy, Esq. Stacey Lipitz Marder, Esq. Weiss Zarett Brofman Sonnenklar & Levy, P.C. A decision many employers grapple with concerns the benefits, such as paid leave or job security, offered to expectant mothers and others who need to take time off to care for newborns and sick family members. Offering paid maternity, paternity […]
Continue reading…Telehealth Audits To Be Added to OIG Work Plan
By Mathew J. Levy, Esq. & Stacey Lipitz Marder, Esq., Weiss Zarett Brofman Sonnenklar & Levy, P.C. In response to the increased trend of practitioners providing telehealth services in their practices, the Department of Health & Human Services (HHS)’ Office of Inspector General (OIG) has recently announced that it will be adding a review of […]
Continue reading…Know Who You’re Doing Business With! Innocent Vendor Found Liable Alongside Corporate Cheat for Hundreds of Thousands of Dollars in Fraudulent Conveyance Claim
By Michael D Brofman, Esq. & Jessica Kumar, Weiss Zarett Brofman Sonnenklar & Levy, P.C It is not particularly surprising that some individuals will engage in the questionable and risky practice of paying for personal items by using their business/corporate accounts and credit cards. The classic example is a corporate officer who uses his business credit card to take his friends or family out for […]
Continue reading…Healthcare Professionals Encounter Hurdles when Faced with Negative Reviews on Social Media
Published in the American Bar Association Health Law Section: The Health LawyerDecember 2017 The recent proliferation of online review websites in recent years has caused business owners of all types to rethink the way in which they manage their image in the perilous landscape of social media. Sites such as Google, Yelp, Ripoff Report and […]
Continue reading…Tax Reform and Physician Consolidation
Tax Reform Likely to Cause Short-Term Continuation of Physician Practice Consolidation, As Well as Increased Uncertainty with Respect to Future Physician Practice Structures. By Alan Sonnenklar, Esq. & Stacey Marder, Esq., Weiss Zarett Brofman Sonnenklar & Levy, P.C. The Tax Cuts and Jobs Act, the recently enacted tax reform law, contains provisions that, while not widely […]
Continue reading…Understanding Third Party Payor Audits Affecting Physicians
By Mathew J. Levy, Esq. & Stacey Lipitz Marder, Esq.,Weiss Zarett Brofman Sonnenklar & Levy, P.C. Email the Author SERIES DESCRIPTION: There is perhaps no more frustrating moment in a physician’s career than when a health plan or managed care company notifies him/her that, after the physician has spent countless hours and expended endless efforts […]
Continue reading…State Law Claim by Out-of-Network Physician Against Insurer Not Preempted by ERISA, Second Circuit Finds
By David A. Zarett, Esq. & Seth A. Nadel, Esq.,Weiss Zarett Brofman Sonnenklar & Levy, P.C. In a decision issued May 26, 2017, the United States Court of Appeals for the Second Circuit determined that a state-law claim for promissory estoppel brought by an orthopedic surgeon to compel payment for out-of-network surgeries was not barred […]
Continue reading…Debtors Not Entitled to Automatic Stay Under the Bankruptcy Code in False Claims Act Litigation
By Michael D. Brofman, Esq. & Seth A. Nadel, Esq., Weiss Zarett Brofman Sonnenklar & Levy, P.C. On March 13, 2017, the United States District Court for the Middle District of Tennessee issued a ruling that the defendants in a pending civil action brought by the government under the False Claims Act (“FCA”) were not […]
Continue reading…OPMC Reporter – Spring 2017
PHYSICIAN PRECLUDED FROM PRACTICING IN NEW YORK STATE FOR IMPAIRED PRACTICE The OPMC disciplined a physician who did not contest the charges of having been disciplined by the State Medical Board of California for being impaired in his ability to practice medicine safely by obtaining and using controlled substances and for inappropriately prescribing to others. The […]
Continue reading…SBME Reporter – Spring 2017
Doctor Off Duty Volume 6, Issue 2 PHYSICIAN AGREES TO PERMANENT LIMITATION ON SCOPE OF PRACTICE In a Final Agreement and Consent Order of Limitation of Medical Practice entered on March 23, 2017, an obstetrician/gynecologist voluntarily agreed to cease and desist from all involvement in labor and delivery of any patient. As set forth in […]
Continue reading…StatLaw – May 2017
Physician Who Prescribed Opiates Not Liable for Robbery and Murder Committed by Patients: In Ferguson v. Laffer, No. 02967, slip op. (N.Y. App. Div., 2d Dept. Apr. 19, 2017), the Supreme Court of New York, Appellate Division, Second Department, reversed the trial court’s denial of a motion to dismiss an action against a physician, Stan […]
Continue reading…Understanding EUOS and New Guidance Involving Corporate Structure
By: Mathew J. Levy, Esq. & Stacey Lipitz Marder, Esq.Weiss Zarett Brofman Sonnenklar & Levy, P.C.Email the Author Providers rendering services under No-Fault are probably familiar with Examinations Under Oath (EUOs). As per applicable No-Fault regulations, by accepting a patient’s assignment of benefits, an insurance company may demand that a provider appear before an EUO […]
Continue reading…Employment Termination in the Absence of Professional Review Did Not Merit Report to National Practitioner Data Bank
By David A. Zarett, Esq. & Seth A. Nadel, Esq.Email David Email Seth Published in the American Bar Association November 2017 Newsletter. The National Practitioner Data Bank (“NPDB”) was created by Congress to serve as a repository of information regarding adverse actions taken against medical professionals. Brought about with the stated goal of increasing the […]
Continue reading…StatLaw – April 2017
Medical Malpractice Action Dismissed for Inadequate Certificate of Merit: In Calcagno v. Orthopedic Associates of Dutchess County, P.C., No. 523454, slip op. (N.Y. App. Div., 3d Dept. Mar. 2, 2017), the Supreme Court of New York, Appellate Division, Third Department, affirmed the trial court’s dismissal of a medical malpractice action on the basis of an […]
Continue reading…Medicaid Fraud Control Unit Alleges Illegal Fee-Splitting by New York Physicians in Billing Vendor Arrangements
By: David A. Zarett, Esq. & Seth A. Nadel, Esq.Weiss Zarett Brofman Sonnenklar & Levy, P.C. Recently, physicians in the Central New York and Adirondack areas were contacted by the Medicaid Fraud Control Unit of the New York State Attorney General’s Office (“MFCU”) demanding repayment of Medicaid funds allegedly paid under a fee-splitting arrangement. In short, […]
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