On Wednesday Governor Andrew Cuomo laid out his proposed 2015-16 executive budget in his State of the State address. The executive budget proposes multiple changes to New York’s current healthcare laws, most notably regarding diagnostic and treatment centers (“DTC”), urgent care facilities, office-based surgery centers (“OBS”), and revisions to the Certificate of Need (“CON”) process.                                  

The New Jersey Supreme Court has agreed to hear Allstate Ins. Co. v. Northfield Medical Center,1 which has consequences for insurers across the country seeking to deter insurance fraud schemes intended to avoid the prohibition on the corporate practice of medicine. The issue before the court is whether a health-care lawyer (who was not admitted

One of the significant legal issues facing an insurance company that brings a  federal lawsuit to recover allegedly improper payments that it has made to a  health care provider under an employee benefit plan is whether the carrier’s  complaint is preempted by the federal Employee Retirement Income Security Act of  1974 (ERISA). A finding of

“Equitable Lien by Agreement” Permits ERISA Plan to Recover Third Party’s Payment to Plan Participant

After a participant in the National Elevator Industry Health Benefit Plan, a self-funded, multi-employer employee welfare benefit plan governed by the Employee Retirement Income Security Act of 1974 (ERISA), was injured in an all-terrain vehicle accident, the plan paid approximately

Failure of Healthcare Providers’ Assignors To Appear At Scheduled EUOs Dooms Their Claim For No-Fault Benefits

Healthcare providers’ assignors failed to appear at examinations under oath (“EUOs”) scheduled by the no-fault insurer.  The insurer asked the court to declare that the providers were not entitled to receive       no-fault benefits. The court cited to precedent holding

Please click the link below to view the New York Insurance Coverage Law Update – Compilation 2014. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

New York Insurance Coverage Law Update – Compilation 2014

Please click the link below to view Coverage vs. Crime. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

Coverage vs. Crime

Copyright © 2015 by A.M. Best Company, Inc.  Reprinted with permission.  All rights reserved.

Sean McAloon, a member of the Litigation & Appeals Practice Group, was a contributor to Recent Developments in Property Insurance Law, which has been published in the 2015 Annual Survey of the American Bar Association Tort Trial & Insurance Practice Law Journal.

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Michael Kotula, a Partner in the Insurance Coverage & Litigation Practice Group, was a contributor to Recent Developments in Excess Insurance & Reinsurance, which has been published in the 2015 Annual Survey of the American Bar Association Tort Trial & Insurance Practice Law Journal.

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“Parody” is a technique used by artists in various forms of entertainment, from comedians to radio disc jockeys to authors. “Parody,” in the copyright sense, generally involves using someone else’s copyright-protected work and results in copyright infringement, absent a license for the use. In some cases, however, an infringer can successfully claim “fair use” as

The New York State Department of Health (“DOH”) has released proposed regulations on the growth, manufacture, sale, and use of medical marijuana in the state. The regulations are the first step in implementing the “Compassionate Care Act,” (the “Act”) signed into law in September, that contemplates the distribution of medical marijuana in the state in

Long-arm jurisdiction over non-domiciliaries is an issue that continues to  bedevil practitioners and litigants in the Internet age. In New York, CPLR  302(a)(1)1 authorizes jurisdiction over a non-domiciliary that  “transacts any business” within the state. The test, however, can be difficult  to apply when a commercial entity uses technology to project itself into New  York

The New York State Department of Health (the “DOH”) released regulations which implement 2012 legislation expanding Accountable Care Organizations (“ACOs”) in New York State. The regulations create a new part of the New York Code of Rules and Regulations (“NYCRR”), Part 1003 under Title 10, which would lay the frame work under which ACOs will

On October 15th, the Department of Health (the “DOH”) published proposed revisions to the Certificate of Need (“CON”) requirements in the state. The proposed regulations would, among other things, no longer require non-clinical facilities obtain a CON prior to beginning construction projects. The comment period for the proposed regulations is now open.                       

The proposed regulations

Earlier this year, Governor Cuomo signed into law a bill that will allow New York to join 22 other states and the District of Columbia by allowing residents of the state to purchase and use marijuana for medicinal purposes. However, as with the many other states that allow for the use of medical marijuana, the