Recent Publications


Insurance Update
November 20, 2017 | Robert Tugander | Insurance Coverage
Exclusions are front and center in this month’s Insurance Update. We discuss the ubiquitous but seldom applicable war exclusion, the professional services exclusion, the intellectual property exclusion, and the workmanship and earth movement exclusions. Other topics in this month’s update include late notice and prejudice, a Missouri appellate court’s allocation ruling, and what happens when …
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Obligations of Prosecutors and Defense Attorneys to Prevent False Testimony
November 15, 2017 | Christopher M. Casa | Insurance Fraud
Christopher Casa authored an article, “Obligations of Prosecutors and Defense Attorneys to Prevent False Testimony,” which appeared in the November 2017 issue of Nassau Lawyer. Click here to read the article. …
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New York Medicaid Trusts: The Devil Is in the Details
November 14, 2017 | Dennis Wiley | Trusts, Estates & Taxation
Irrevocable Medicaid trusts can be a powerful tool for families seeking to protect assets from the costs of long-term care, if drafted and administered properly. A failure of either can create bad blood within the tightest of families, with resulting financial repercussions, so the Suffolk County Surrogate’s Court reminds us in its September 7, 2017, …
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Deadline Fast-Approaching for Medicaid Managed Care Participating Providers
November 7, 2017 | Geoffrey R. Kaiser | Ashley S. Osadon | Health Services | Compliance Investigations & White Collar
The deadline for required enrollment with Medicaid under the Federal 21st Century Cures Act (Cures Act) is fast approaching. Currently, Medicaid Managed Care providers are sending mass mailings to their participating providers with notices of required compliance. By December 1, 2017 certain participating healthcare providers of New York State Medicaid Managed Care plans or the …
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Visa-Renewal Policy About-Face Creates Uncertainty
October 30, 2017 | Henry M. Mascia | Corporate
The U.S. Citizenship and Immigration Services (USCIS) changed its policy on visa renewals. USCIS will no longer defer to prior visa approvals and will instead treat each renewal application as if it were an initial application. This represents a major turnaround to an immigration policy that had been in place for 13 years. Since 2004, …
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New York Insurance Coverage Law Update
October 27, 2017 | Alan C. Eagle | Insurance Coverage
Appellate Division Rules That Policy Covered Loss Caused By A Defect That Began Before Policy’s Effective Date The insured made a claim under its insurance policy for losses that resulted when a power-generating turbine was taken out of operation due to excessive vibrations. The vibrations were found to have been caused by a crack in …
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Lawsuits Highlight Looming Requirements for Handicapped-Accessible Websites
October 26, 2017 | Shari Claire Lewis | Nancy A. Del Pizzo | Privacy, Data & Cyber Law
Today, most businesses are e-businesses, and all e-businesses should take note. There has been an explosion in the number of lawsuits filed in the Federal Courts seeking damages and injunctive relief under Title III of the Americans With Disabilities Act, 42 U.S.C. § 12182(a) (the “ADA”) based on alleged failures to provide accommodations that enable …
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New York Paid Family Leave: Update of Available Forms
October 24, 2017 | Daniel M. Bernstein
We previously posted bulletins addressing an overview of employer and employee requirements under New York’s Paid Family Leave Act (the “Act”), which goes into effect January 1, 2018. (See http://www.rivkinradler.com/publications/regulations-issued-new-york-paid-family-leave-benefits-law/ and http://www.rivkinradler.com/publications/ny-workers-compensation-board-finalizes-paid-family-leave-regulations/.) Under the Act, employees who will not meet the minimum employment duration requirements to qualify for coverage will have the option of waiving …
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Trump Administration to Increase Worksite Enforcement of Immigration Laws
October 18, 2017 | Henry M. Mascia | Corporate
Immigration Customs and Enforcement (ICE) Acting Director Thomas Homan confirmed what most immigration experts predicted – the Trump administration will intensify worksite enforcement of immigration laws. Speaking at the Heritage Foundation, Acting Director Homan stated that the agency would increase the amount of time spent on “worksite enforcement” by “four or five times” this year. ICE …
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OIG Audit Discovers $51.6 M in Overpayments to Acute-Care Hospitals
October 17, 2017 | Geoffrey R. Kaiser | Jonathan D. Salm | Health Services | Compliance Investigations & White Collar
The Office of the Inspector General of the Department of Health and Human Services (OIG) issued a report last month regarding inappropriate payments made to acute-care hospitals for outpatient services provided to Medicare beneficiaries who were inpatients of other facilities. OIG’s findings highlight the need to diligently review claims before submitting them to Medicare. In …
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Does Our Digital Age Require New Fourth Amendment Rules?
October 17, 2017 | Shari Claire Lewis | Privacy, Data & Cyber Law
It’s 10 p.m. Your cellphone knows where you are. It also knows where you are at 10:00 in the morning, at 7:00 in the evening, and at noon and midnight and at every other moment of the day. We live in a world where cellphones are omnipresent. We have them at home, at work, and …
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New York Legislature Broadens Telehealth Services Coverage for Adult Care Facilities
October 16, 2017 | Privacy, Data & Cyber Law | Health Services
New York continues to drive legislative reform to promote telehealth services – clinical healthcare provided remotely through information technology. Most recently the state legislature passed a bill that expands the definition of “originating sites” where telehealth services may be provided to Medicaid patients in an effort to lower costs and health risks. For background, in …
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OMIG Issues New Compliance Alert for NY Medicaid Program
October 13, 2017 | Marc A. Antonucci | Health Services | Compliance Investigations & White Collar
A recent Compliance Alert published by the New York State Office of Medicaid Inspector General (OMIG) underscores the need for Medicaid providers to re-evaluate their compliance programs in light of a shift toward new payment methodologies. On August 31, OMIG published its first Compliance Alert of 2017, entitled “Mandatory Compliance Programs’ Risk Assessments: Changes in …
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Insurance Update
October 12, 2017 | Robert Tugander | Insurance Coverage
Our Insurance Update for October covers several topics. We begin with a pair of state high court decisions.  One addresses the elements of a bad faith action in Pennsylvania.  The other, from Nevada, serves as a reminder to insurers that cancellation notices must follow the letter of the law. We also discuss a pair of …
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Broad Language in Retainer Agreement Allows Legal Malpractice Claim to Proceed Against Law Firm
October 2, 2017 | Jonathan B. Bruno | Deborah M. Isaacson | Professional Liability
The United States District Court, Southern District of New York recently held that a legal malpractice action could withstand a law firm’s motion to dismiss when the law firm’s retainer agreement was broadly written and did not clearly define the scope of the firm’s representation. In Mitchell Barack v. Seward & Kissel, LLP, (Civil Action …
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