Mixed Decision in Anesthesiology Practice Shareholder Dispute
Peter A. Mahler, author of our sister blog New York Business Divorce, posted an excellent analysis of a recent case involving a shareholder dispute among members of an anesthesia group. Key pieces of...
View ArticleMedicare Issues in Bankruptcies
In its August 2012 issue, the American Bankruptcy Institute Journal published Medicare Issues in Bankruptcies by Ted Berkowitz and Veronique Urban of Farrell Fritz. The takeaways: -Health care...
View ArticleObama Care Employer Mandates: Who Must Comply?
The Patient Protection and Affordable Care Act of 2010 (“PPACA” or “Obama Care”) requires, beginning in 2014, that employers with 50 or more full-time employees (“large employers”) offer “affordable”...
View ArticleHealth Privacy Liability Issue Proceeds to NY Court of Appeals
In last week’s decision in Doe v. Guthrie Clinic, Ltd., the Second Circuit Court of Appeals certified to the New York Court of Appeals the issue of whether a medical corporation may be liable for the...
View ArticleAffordable Care Act Employer Notice Deadline Nears
(This post was authored by Heather Harrison, an associate in the Labor & Employment practice at Farrell Fritz) Although key provisions of the Patient Protection and Affordable Care Act (ACA) have...
View ArticleBloomberg Signs Pregnant Workers Fairness Act
On October 2, 2013, New York City Mayor Michael Bloomberg signed into law the Pregnant Workers Fairness Act (the “Act”). The Act, which amends New York City’s Human Rights Law, prohibits employers from...
View ArticleMedical Corporation Not Liable For Employee’s Disclosure Of Confidential...
In March 2013, the Second Circuit certified to the New York Court of Appeals the issue of whether a medical corporation may be liable for the unauthorized disclosure of medical information,...
View ArticleNYS DOH Recommends Regulations for Retail and Urgent Care Clinics
Alternatives to the hospital emergency room and primary care doctor’s office are opening in strip malls and other retail locations throughout the country. New York State is no exception. In an effort...
View ArticleThe New York Nonprofit Revitalization Act of 2013 – What NFPs Need to Know
Farrell Fritz partner Lou Vlahos recently issued an important advisory report addressing the New York Nonprofit Revitalization Act of 2013 (the “Act”). Nonprofit corporations in New York will need to...
View ArticlePrivate Right of Action Recognized Under New York’s Prompt Pay Law
Claimants have a private right of action against insurers under New York’s Prompt Pay Law, N.Y. Ins. Law 3224-a, according to the Appellate Division in Maimonides Med. Ctr. v. First United Am. Life...
View ArticleCourt of Appeals Upholds Comptroller Audit Of Non-Participating Provider’s...
The New York Court of Appeals decided last week, in Handler v. DiNapoli, that the State Comptroller has the authority to review the billing records of a non-participating provider receiving funds from...
View ArticleA Refresher on Noncompetes for Health Professionals
A recent article in the New York Times examined the growth of noncompete agreements, noting “Noncompete clauses are now appearing in far-ranging fields beyond the worlds of technology, sales and...
View ArticleShareholder Liability for the Misconduct of Others: What is “Direct...
Physicians often practice through a limited liability entity to shield the physician from practice liabilities. In New York, such entities may take the form of a professional service corporation,...
View ArticleNY Medical Providers: Use Caution When Soliciting Positive Reviews on...
Consumers often seek online reviews of a business on platforms such as Yelp, CitySearch, Yahoo and Google Plus Pages before purchasing products or services. This includes patients seeking online...
View ArticleConcierge Medicine – Is it for you?
According to the 2016 Kaiser/HERT Employer Health Benefits Survey, the average annual premium for employer-sponsored family health insurance coverage in 2016 was $18,142 – representing a 20% increase...
View ArticleNew York’s New Cybersecurity Regulations and its Impact on your Sensitive...
Effective March 1, 2017, the New York State Department of Financial Services promulgated regulations to help protect against cybercriminals and their efforts to exploit sensitive electronic data. These...
View ArticleConcierge Medicine – Making it Financially Attractive to Patients
In follow-up to our prior blog post, Concierge Medicine – Is it for you?, we recognize that while a concierge or direct-pay practice might be a good choice for a physician or physician practice group,...
View ArticleHealth Centers: The Federal Government Delivers a Big Win
On August 15, 2017, the Secretary of Health and Human Services, Tom Price, issued a press release reporting that almost $105 million dollars will be bestowed upon 1,333 health centers across the United...
View ArticleConcierge Medicine – Medicare Compliance Is Still A Consideration
In our July 10, 2017 post, Concierge Medicine – Is it for you?, we cautioned that Medicare compliance concerns do not fall away when moving to a concierge or direct-pay model. HHS has determined that...
View ArticlePublic Health Emergencies and Mother Nature
In the wake of some of the worst storms our country has ever faced, as seen in the devastation caused by Hurricane Harvey, in Texas, Hurricane Irma, in Florida, and now Hurricane Maria, in Puerto Rico...
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