Helen A. Zamboni
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...
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Helen A. Zamboni
Aug 27, 20202 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, 20203 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, 20204 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, 20209 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, 20202 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, 20202 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, 20205 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, 20202 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, 20192 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, 20194 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...
Jessie Gregorio
Aug 8, 20192 min
What it Means For Nursing Home Operators: New Resident Admission Agreement Regulation
On July 18, 2019, the Centers for Medicare and Medicaid Services (CMS) published a long-anticipated final rule allowing nursing home operato
Jillian K. Farrar
Aug 1, 20193 min
Mandatory Reporting in the Age of Medical Marijuana: Ask an Attorney
This question and answer was printed in a Monroe County Medical Society 2019 Bulletin. During a recent well child visit at my family prac...
Jessie Gregorio
May 1, 20192 min
Our Organization is Discussing Value-Based Care Models. What are Strategies for a Smooth Transition?
This question and answer was printed in a Monroe County Medical Society 2019 Bulletin. Over the last ten years, there has been a lot of d...
Anna E. Lynch
Sep 10, 20182 min
Ask An Attorney: Cybersecurity for Medical Practices
My medical practice has a compliance plan and all staff are trained on HIPAA. However, my practice manager is insistent on implementing s...
Jillian K. Farrar
Jun 28, 20183 min
Ask An Attorney: Understanding Employer Contracts
I am graduating from my residency program and received an employment contract from my future employer. What should I be aware of while re...
David M. Tang
May 28, 20184 min
Binding Arbitration on the Job and in Nursing Home Admissions
Binding arbitration remains on the rise. Indeed, there is a high likelihood that only a small percentage of the readers of this article w...
Jessie Gregorio
Mar 1, 20183 min
Ask An Attorney: Tips to Mitigate the Legal Risks of Prescribing Opioids
The opioid crisis has led to an increase in malpractice and State disciplinary actions against providers. What are tips to mitigate the l...
Steven R. Gersz
Dec 1, 20172 min
Ask An Attorney: Reducing Stress When Your Medical Practice is Acquired
My practice is negotiating to be acquired by a hospital system. How can I ensure I do not suffer undue stress through this transaction? I...
Jillian K. Farrar
Sep 27, 20174 min
Clearly Defining the Scope of Representation: Reducing Malpractice Risk with the Engagement Letter
A recent decision by the Southern District of New York reminds practitioners of the importance of a well-crafted and detailed engagement ...
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