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Recent COVID-19 Updates

Panel: Advertising During a Pandemic for Products Making Immunity Claims
On Monday, January 25, 2021, the New York State Bar Association’s Food, Drug and Cosmetic Law Section will host a panel presentation as part of a larger program called Hot Topics in FDA Law during the COVID Pandemic. The panel, entitled “Advertising During a Pandemic. How Are Regulators Handling the Marketing of Products with Immune …
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AOT Orders a Useful Tool during COVID Pandemic
January 5, 2021 | Health Services
The pandemic has prompted the reallocation of hospital beds from psychiatric care to treatment of COVID patients. This has occurred as mental illness has been on the rise. To cope with the insufficient number of psychiatric beds, it is important for hospitals to curtail readmissions. An often-underutilized tool to do so is the assisted outpatient …
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NY Updates Guidance for Visiting Loved Ones in Skilled Nursing Facilities
December 18, 2020 | Trusts & Estates
Spending time with family is always important, especially during the holiday season. The holidays are different this year, due to the pandemic, and spending time with loved ones in skilled nursing facilities requires additional planning. In response to recent spikes in Covid-19 cases in skilled nursing facilities, the New York Department of Health in November …
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Pandemic Pumps Up Companies’ Vulnerability to Cyber Attacks
December 11, 2020 | Privacy, Data & Cyber Law
A business’ risk of suffering a cyber event is often discussed, but not always easy to quantify. Recently, Allianz Global Corporate & Security analyzed its experience with cyber insurance claims over the past several years as a basis for its report, “Managing The Impact of Increasing Interconnectivity: Trends in Cyber Risk.” Its conclusions may help …
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Best Practices for Virtual Court Hearings in Hospitals
November 18, 2020 | Health Services
The COVID-19 pandemic has had another, less-discussed effect on hospitals. Hearings that traditionally take place in hospitals – such as guardianships, retention, medication over objection, or assisted outpatient hearings – have shifted to a virtual platform. Below are some considerations for hospital personnel participating in virtual hearings. (1) Familiarize yourself with the technology Due to …
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New Relief Funds; Eased Lending Terms for Accelerated Payments
October 30, 2020
An October 22 article in Part B News, “Welcome third round HHS relief funds, eased lending terms for accelerated payments,” discussed the Centers for Medicare & Medicaid Services’ Accelerated and Advance Payment Program (recently discussed here) and the Department of Health and Human Services’ CARES Act Provider Relief Program (recently discussed here). Rivkin Radler’s Eric …
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Fader and Iseman Quoted in Part B News
October 29, 2020 | Health Services
Eric Fader and Bob Iseman were quoted in the Part B News article, “Welcome third round HHS relief funds, eased lending terms for accelerated payments.” The article discusses CMS’ Accelerated and Advance Payment Program as well as the CARES Act Provider Relief Program and the repayment responsibilities associated with those programs. “The 10.25% rate seemed …
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Contact Tracing Raises Privacy Issues for Businesses to Consider
October 22, 2020 | Privacy, Data & Cyber Law
As more and more businesses throughout the state resume operations after the COVID-19 pandemic shutdown, they face a continuing concern about the virus from customers, employees, and vendors who come to their facilities. Many organizations have instituted temperature checks and inquire about symptoms, out-of-state travel, and other issues in an attempt to weed out individuals …
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Ullman to Speak at American Association of Naturopathic Physicians Webinar
On October 7, 2020, Marc Ullman will be a panelist at the webinar “Your COVID Communications Could be Illegal: Here’s How to Avoid FDA & FTC Trouble.” The event is hosted by the American Association of Naturopathic Physicians and is free to attend. In this program, you’ll learn about: The laws governing permissible language for …
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Bushwack and Lampert Contribute to USLAW Quick Guide
August 31, 2020 | General Liability
Jacqueline Bushwack and Matthew Lampert co-authored “The State of New York General Liability COVID-19 Quick Guide,” published by the USLAW NETWORK. USLAW’s newest compendium of law, the guide is a multi-state resource that addresses relevant state-specific general liability considerations in conjunction with the ongoing COVID-19 crisis. Written by USLAW NETWORK member attorneys, the compendium takes …
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Kaiser Quoted in Part B News
Jeff Kaiser was quoted in Part B News, “Do Stark waivers cover your rent break? Only if the break meets ‘COVID-19 purposes.” The article discusses the new Stark Law waivers issued due to the COVID-19 pandemic. One waiver in particular covers rental arrangements that are under fair market value (FMV) which are normally forbidden under …
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Richman and Bushwack Publish Article in Mealey’s Elder Law Report
David Richman and Jacqueline Bushwack published the article, “The Invisible Tort: Preparing For The Defense Of COVID-19 Negligence Claims” in Mealey’s Elder Law Report. It was previously published in Mealey’s Personal Injury Report. The article discusses how lawsuits are likely to be brought up against businesses if someone thinks he or she contracted COVID-19 there. …
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Hospitals to Get $10 Billion in COVID-19 Funding
July 21, 2020
The U.S. Department of Health and Human Services (HHS) announced on July 17 that it will begin distributing a second round of funding to hospitals in “high impact COVID-19 areas.” The funding is intended to address the recent surge in COVID-19 cases across the country. The funding is based on data submitted by hospitals about …
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Newsday Quotes Diviney on COVID-19 OSHA Guidance
July 13, 2020 | Employment & Labor
John Diviney was interviewed for the Newsday article, “Small Business: Companies face recording requirements for COVID-19.” The story discusses updated guidance issued by the Occupational Safety and Health Administration to employers regarding their responsibility for recording coronavirus cases and determining whether they are work-related. To read the article, click here. Share this article: …
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Like Cloth Masks, Corporate Protections Are Not Absolute
We live in a different world than a few months ago. The existence of a pandemic in our community has impacted every aspect of our day-to-day life and has brought an unprecedented amount of uncertainty and anxiety as to the shape and tenor of our future experiences. So, in order to enjoy some degree of …
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