The New York State Public Health and Health Planning Council (the “Council”) recently released a draft report on ambulatory care services, including most notably a discussion of retail clinics, urgent care centers, and freestanding emergency departments. The report was reviewed at a full meeting of the Council on December 12th, and is slated to be

Health care compliance attorneys are frequently asked to “rate” the risks around various existing or proposed business arrangements involving medical professionals.  Could a given arrangement be viewed as a violation of the Stark Self-Referral Law (“Stark”) or Anti-Kickback Statute (“AKS”)?  Are there compelling, or at least plausible, arguments for why the arrangement should instead be

I.  Introduction and Background of PACE

The Program of All-Inclusive Care for the Elderly (PACE) provides comprehensive long term services and support to Medicaid and Medicare enrollees.  A multi-disciplinary team of health professionals provides individuals with coordinated care.  For most participants, the comprehensive service package enables them to receive care at home rather than receive

The lure of easy money can draw some radiologists to engage in conduct reflecting what is, at best, an alarming lack of awareness and, at worst, a deliberate disregard of the serious criminalliability1 risks entailed in entering into certain suspect business arrangements  with diagnostic testing ventures. Radiologists must understand these liability risks in order to

Medicare’s 2014 Physician Fee Schedule includes several new Telehealth services and service regions that will be reimbursed under the Medicare Program beginning in 2014. 

The new Fee Schedule will expand the geographic areas Medicare will cover Telehealth, expanding into the “fringes of metropolitan areas.”  The American Telemedicine Association has stated this will enable providers to

On December 9th, the Department of Health (“DOH”), the Office of Mental Health (“OMH”), and the Office of Alcoholism and Substance Abuse Services (“OASAS”) released a Request for Information (“RFI”) and a draft Request for Qualifications (“RFQ”) for Health and Recovery Programs (“HARPs”) as part of the efforts of the Behavioral Health Workgroup of the

Traditionally in New York, law guardians appointed in custody disputes were often viewed as taking on a role similar to that of a guardian ad litem, advocating for what they believed to be the best interests of the child, rather than advocating for the outcome desired by the child. Because these law guardians were often

AMERICAN BAR ASSOCIATION – MASS TORTS & DEVELOPMENTS

After an employee of Glasbern Inc. was injured, the company’s Workers’ Compensation insurer, Zenith Insurance Company, began paying Workers’ Compensation benefits to him. Thereafter, Zenith sued Glasbern, Glasbern’s owner, Albert Granger, and its insurance broker, alleging that it only had issued and renewed the policy as a

New York’s Top Court Answers Two Certified Questions About “Vandalism”

The walls and foundation of the insured’s building allegedly cracked as a result of the acts of an allegedly irresponsible excavator working on neighboring property. In response to two questions certified by the Second Circuit, the New York Court of Appeals ruled that (1) a

The plaintiff in this case worked for FedEx Customer Information Services, Inc., under an employment agreement that provided, in part, that “[t]o the extent the law allows an employee to bring legal action against Federal Express Corporation, I agree to bring that complaint within the time prescribed by law or 6 months from the date

The Delaware Supreme Court has ruled that an independent contractor exclusion in an insurance policy was not ambiguous and that it applied to employees of an independent contractor.

The Case

A company contracted to handle the dining services for a nursing home in Wilmington, Delaware. An employee of the company alleged that he was injured

A federal district court in Indiana has ruled that a medical expenses exclusion in a businessowners liability insurance policy unambiguously excluded coverage of bodily injury to the insured, and that, as a result, claims by the insured against additional insureds under the policy also were excluded. 

The Case

A landscaper contracted with a bank to

A federal district court in Kansas has ruled that an auto exclusion in a commercial general liability (“CGL”) insurance policy excluded coverage for claims against a moving company’s executives alleging that they had failed to maintain a truck. 

The Case

An employee of a moving company was fatally injured while loading furniture and belongings into

A federal district court in Hawaii has ruled that a commercial general liability (“CGL”) insurance policy “unambiguously” did not provide coverage for two lawsuits filed against the insureds that were based on allegations of patent infringement.

The Case

A life-sciences inventor brought two lawsuits – a “business interference” action and a “patent infringement” case –

A federal district court in Michigan has ruled that a homeowner’s insurance policy unambiguously excluded coverage for a lawsuit stemming from a moped accident.

The Case

While vacationing in Ohio, a policyholder was driving a rented moped on a public street when she crashed into a golf cart, and three of the four occupants of