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 Mathew J. Levy, Esq. Email Mathew What is healthcare fraud? There are the obvious cases of greed, such as physicians billing for fictitious patients, services never performed, and the rendering of unnecessary medical procedures. However, there is more to healthcare fraud than the obvious. This includes widely practiced rule-bending to assist patients, such as exaggerating either the severity of a…
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By Mathew Levy, Esq. Email Mathew Are you looking to start a business and getting ready to decide on the business entity? Choosing your business’s legal structure is one of the most critical steps you must take in forming your business. Often professionals spend too little time considering what business structure would maximize their profit and minimize their exposure to…
By Michael D. Brofman, Esq. & Michael J. Spithogiannis, Esq.Email Michael BrofmanEmail Michael Spithogiannis Imagine winning litigation after being a defendant in a contract dispute and then having the plaintiff start another suit arising out of the same contract but on a different theory. That is essentially the issue that Weiss Zarett faced recently in its appeal to the Appellate Division…
By Michael J. Spithogiannis, Esq. & Floyd Grossman, Esq.Email MichaelEmail Floyd A lawsuit is the last thing you would expect when signing a real-estate contract. And if litigation does ensue, you would expect a court to follow established rules of contract interpretation and hold the parties to what they signed. Here we examine a recent court decision which seems to disregard a…
By Michael D. Brofman, Esq. & Joshua D. Sussman, Esq. Email Michael Email Joshua The motion, called a preliminary injunction application, was heard Tuesday before the United States District Court for Eastern District of New York within three days of lawsuit being commenced. At argument before the Judge, after the Court noted that the competitor had not disclosed material facts…
By Mathew J. Levy, Esq. Email Mathew Unfortunately, yet understandably, most dentists are reluctant to read all of the provisions in their employment contracts in the belief that they face a “take it or leave it” quandary. However, dentists often do not realize that while there are provisions in such contracts that are standard in the industry, there are many…
By Mathew J. Levy, Esq. Email Mathew To date, the U.S. Department of Health and Human Services’ Office of Civil Rights (“OCR”) has resolved 98% of nearly 257,000 Health Insurance Portability and Accountability Act (“HIPAA”) Privacy Rule complaints. OCR has settled and imposed civil monetary penalties totaling $130,980,482.00. According to the HIPAA Journal, in recent years OCR’s enforcement efforts increased. Particularly, in 2020, OCR settled…