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On December 13, 2021, the Commissioner of the New York City Department of Health and Mental Hygiene issued an emergency Order mandating Covid-19 vaccination for private employees pursuant to Section 3.01(d) of the Health Code and Sections 556 and 558 of the New York City Charter. The emergency Order requires covered businesses to generally exclude their unvaccinated workers in New York City…
By Joshua D. Sussman, Esq. Email Joshua Your Director of Sales suddenly quits and announces they are joining a direct competitor up the road. The new opportunity is in direct breach of their non-compete agreement, which prohibits them from competing with your company within ten miles of your office for two years after the end of their employment. What do…
On August 26, 2021, the New York State Department of Health’s Public Health and Health Planning Council in Albany voted to amend the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR), significantly expanding the emergency Covid-19 vaccination mandate previously announced by former Governor Andrew Cuomo. Whereas the previous mandate applied only to healthcare workers…
On August 16, Governor Cuomo announced a new vaccine mandate for New York State healthcare workers. This announcement aligns with the Department of Labor’s OSHA June emergency temporary standard, the Center for Disease Control’s July guidelines urging employers to encourage its workers to get vaccinated, and the requirements of several other U.S. states, including California and Maine, that have introduced similar…
As many return back to the workplace upon getting vaccinated, efforts are required to ensure we continue to guard against the infectious diseases spreading in the workplace. The recently enacted NY HERO Act guides workplaces on how to best protect their employees. The HERO Act has two parts: (1) the Safety Plan and (2) the Safety Committee. Part 1: The…
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 Xuhui Li, who had prescribed…
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 inadequate certificate of merit. Civil…
OIG Announces Large 12 Year Fraud Settlement: The U.S. Attorney for the Southern District of New York on March 1, 2017 announced criminal and civil actions relating to an alleged 12 year scheme to defraud Medicare, Medicaid and other private health insurance companies of more than $50 million. The defendants named in the indictment include City Medical Associates, P.C., a…
A physician received a written notice from the Office of the Attorney General Medicaid Fraud Control Unit: The agreement the physician had entered into with a billing company is in violation of State and Federal Medicaid regulations, as it bases compensation upon a percentage of the value of claims. The notice cites an article in the Medicaid Update, vol. 16,…
Overtime Rule in Effect in New York State: On September 22, 2016, a U.S. District Court judge in Texas granted an Emergency Motion for Preliminary Injunction and enjoined the U.S. Department of Labor from implementing and enforcing the Federal Overtime Final Rule that was scheduled to go into effect on December 1, 2016. The Federal Overtime Final Rule would have…