Recent Publications - John F. Queenan


NY Amends Home Care Worker Minimum Wage
May 19, 2023 | Employment & Labor | Health Services

One of the many new provisions enacted as part of the 2023-2024 New York State Budget was an increase in the minimum wage for home care workers.

Initially, it is important to note that the $1 hourly increase in the minimum wage for home care workers in New York State, slated to take effect October

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NY Trial Courts Strictly Apply New Uniform Rule Requiring Statement of Material Fact
November 30, 2021 | Commercial Litigation

As discussed in detail in our March 2021 article regarding the changes made to the Uniform Rules of the New York Supreme and County Courts earlier this year, new Rule 202.8-g requires that a Statement of Material Facts be submitted with most motions for summary judgment. Of all the new provisions we discussed, Section 202.8-g

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Criminal Prosecution Power of Justice Center Limited by NYS Court of Appeals
April 2, 2021 | Health Services

On March 30, 2021, the New York Court of Appeals dealt a blow to the prosecutorial power of the Justice Center for the Protection of People with Special Needs (“Justice Center”).  The Court, in People v. Viviani, et. al.[1], held that the statute providing for the organization of the Justice Center, Executive Law § 552,

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Administrative Order 270/20 Brings Change to the Uniform Rules
March 1, 2021 | Commercial Litigation

Chief Administrative Judge Larry Marks recently issued Administrative Order 270/20 (“AO 270/20”), which, effective February 1, 2021, incorporated certain aspects of the Rules of the Commercial Division into the Uniform Rules for the Supreme and County Courts (“Uniform Rules”).  Attorneys desiring the efficiencies of the Commercial Division, now established in 24 counties across New York

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New Executive Orders Aid OPWDD Facilities amid COVID-19
May 18, 2020 | Compliance, Investigations & White Collar | Health Services

In our prior bulletin, we discussed the likely lack of civil immunity from Justice Center enforcement actions conferred in other contexts by Executive Order 202.10. However, other Executive Orders provided some relief in the form of certain suspended or waived requirements applicable to facilities licensed by the Office of People with Development Disabilities (OPWDD).

By

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Little COVID-19 Relief for Facilities and Providers Subject to Justice Center Actions
April 23, 2020 | Compliance, Investigations & White Collar | Health Services

Although Executive Order 202.10 gave health care providers some immunity for COVID-19 related care, this immunity does not extend to actions by the Justice Center for the Protection of People with Special Needs (“Justice Center”). A provider or facility could be prosecuted for allegations of abuse or neglect by the Justice Center for actions taken

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