Thomas F. Knab
The Enforceability of Skilled Nursing Care Agreements
The environment for long-term care for the elderly, and particularly skilled nursing care, is complex, often emotionally charged, and . . .
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Stephanie B. Hoffmann
- Apr 29, 2022
- 2 min
Nursing Home Staffing Levels Requirement Update
In June 2021, former Gov. Cuomo approved a law that established minimum staffing levels for nursing homes and required nursing homes to...
Ericka B. Elliott
- Nov 16, 2021
- 2 min
Vaccination Requirement Released for Staff at Medicare- and Medicaid-Approved Facilities
On November 5, 2021, the Centers for Medicare & Medicaid Services (CMS) published an interim final rule (the “IFC”) establishing COVID-19...
David H. Fitch
- Jul 13, 2021
- 6 min
Are the Floodgates of Litigation Now Open For Covid-19 Medical Malpractice Claims?
In addition to David H. Fitch, this post was authored with input from Margaret E. Somerset. By all accounts, we are back to normal...
David M. Tang
- Mar 23, 2021
- 1 min
Advisory on Ensuring Access to In-person Health Services During COVID-19
This week, the New York State Department of Health released new guidance to local health departments, healthcare providers, and...
Helen A. Zamboni
- Feb 23, 2021
- 3 min
Ask An Attorney - Fulfilling Patient Requests For Their Medical Records
Question: It’s a good thing that many patients are becoming more actively involved in their care, but my practice is finding it difficult...
David H. Fitch
- Dec 3, 2020
- 4 min
Ask An Attorney - The Opioid Crisis and Physician Liability
Question: I am concerned about the continuing increase in opioid abuse by patients over the last several years. I work hard to counsel an...
Margaret E. Somerset
- Nov 9, 2020
- 6 min
Protecting Our Seniors at What Cost?
We are 8 months into the COVID-19 pandemic, and it is taking its toll on everyone. We are all tired of being careful. And we are all fear...
Jessie Gregorio
- Sep 1, 2020
- 2 min
Ask An Attorney - Physician Life Cycle
Question: I am a provider acutely aware that the physician life cycle has been altered by the coronavirus pandemic. What strategies can p...
Helen A. Zamboni
- Aug 28, 2020
- 2 min
OCR Issues Advisory to Assist Providers in Avoidance of HIPAA Violations
The Office of Civil Rights of the U.S. Department of Health and Human Services (OCR) is charged with the enforcement of the Health...
Helen A. Zamboni
- Aug 27, 2020
- 2 min
Feds “Double Down” on Nursing Homes to Contain COVID-19
The federal Centers for Medicare and Medicaid Services (CMS) issued a press release yesterday (August 25, 2020) about its proposed interi...
Steven R. Gersz
- Aug 7, 2020
- 3 min
What Does New York’s Amended COVID–19 Immunity Law Mean For Providers?
In our post of April 23, 2020, we summarized the New York Emergency Or Disaster Treatment Protection Act (“EDTPA“). When originally sign...
Colin D. Ramsey
- May 1, 2020
- 4 min
Provider Immunity Under EDTPA: A Closer Look
Governor Cuomo recently signed into law the Emergency or Disaster Treatment Protection Act (“EDTPA”).[1] While the EDTPA grants healthcar...
Margaret E. Somerset
- Apr 23, 2020
- 9 min
How Does the New Immunity Law in NY Apply to Health Care Providers During the COVID-19 Emergency?
While all health care providers in New York are struggling to meet the needs of their patients, Governor Cuomo signed a new law that gran...
Steven R. Gersz
- Mar 27, 2020
- 2 min
Governor Cuomo Takes Action to Expand the Pool of Health Care Practitioners Amid COVID-19 Crisis
Through the issuance of two Executive Orders by New York State Governor Cuomo occasioned by the COVID-19 crisis, the Governor has taken a...
Margaret E. Somerset
- Mar 25, 2020
- 2 min
Malpractice Immunity for Medical Professionals Treating Patients During COVID-19
https://www.governor.ny.gov/news/no-2021-continuing-temporary-suspension-and-modification-laws-relating-disaster-emerge...
David M. Tang
- Mar 6, 2020
- 5 min
Ask An Attorney - Managing Complications
Question: I have been practicing medicine for 15 years. Lately, I’ve hit a streak of difficult challenges – more than before. I am const...
Sarah F. Bothma
- Mar 5, 2020
- 2 min
Non-Compliance With the Often Overlooked, “Basic” HIPAA Requirements Will Cost You
Steven A. Porter, M.D., P.C. (the “Practice”) is required to pay $100,000 and comply with a two year corrective action plan pursuant to a...
Jessie Gregorio
- Nov 25, 2019
- 2 min
Considering NY’s Red Flag Gun Safety Law, How Can Physicians Support Patients & Their Families?
New York’s Red Flag gun safety law became effective August 24, 2019. The law establishes a new procedure that allows a concerned family a...
David H. Fitch
- Oct 1, 2019
- 4 min
Avoiding Accounting Malpractice: Considerations for Practitioners
I was recently consulted by the former client of a certified public accountant. The client, who I’ll call “Ms. Smith,” hired the accounta...
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