The Patient Protection and Affordable Care Act (PPACA) created several new requirements for tax-exempt hospitals which must be compiled with in order to maintain federal tax-exempt status.  The PPACA creates a new IRS Code Section 501(r) which imposes four requirements on tax-exempt hospitals (these requirements are in addition to existing law under Section 501 (c)(3),

The Patient Protection and Affordable Care Act (the “Act”) seeks to reduce the cost of healthcare and improve quality by incentivizing providers to collaborate with each other to create integrated healthcare delivery systems.  These integrated delivery systems will be paid based on new reimbursement methodologies which are designed to incentivize providers to improve care and

The Centers for Medicare and Medicaid Services (“CMS”) has proposed revisions to the existing federal physician self-referral law (“Stark Law”) regulations to implement provisions enacted as part of the Patient Protection and Affordable Care Act of 2010 (“Affordable Care Act”).  The proposals appear in two separate rulemakings:  (1) the CY 2011 Medicare Physician Fee Schedule

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Getting To Yes

Richard Smith was employed by Bonetti Company, Inc., and participated in the group life insurance plan that the company provided. Smith had basic life insurance coverage of $50,000 and supplemental life insurance coverage of $50,000, and he designated Alma, to whom he was married at the time his application for coverage was accepted, as the

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Without Question, The Answer is Yes

Copyright © 2010 by A.M. Best Company, Inc.  Reprinted with permission.  All rights

Almost a century ago, the U.S. Supreme Court recognized the importance of the “insurable interest” requirement in connection with life insurance policies. In Grigsby v. Russell, the Court explained that, “[a] contract of insurance upon a life in which the [policy owner] has no interest is a pure wager that gives the [policy owner]

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Settle and Sue Is Here to Stay

This article has been co-authored with Bennett J. Wasserman.

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Several weeks ago, New York County Civil Court Judge Arthur F. Engoron issued a decision in Quality Psychological Services PC v. GEICO Ins. Co.,[1] a case involving multiple actions filed by a medical provider seeking payment of bills it had sent to an insurance carrier for psychological services allegedly rendered to the plaintiff’s assignors, who

Court Upholds One-Year Time Limit For Suit Against Homeowners Insurer

A homeowner brought suit on March 26, 2010 to recover benefits under a homeowners insurance policy with respect to an alleged theft from her home on January 5, 2007. The insurer maintained that the action was time barred because it had not been brought

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The State Hospital

The plaintiff in this case was employed in several different capacities by Sunbelt Cranes, Construction & Hauling, Inc., from 1999 until 2008. When he resigned, he was a dispatcher in the company’s crane rental division. Thereafter, the plaintiff brought suit against Sunbelt under the Fair Labor Standards Act (FLSA) for unpaid overtime compensation. Sunbelt responded

Contractors often seek to amicably resolve disputes with property owners over payment disputes. Despite these efforts, contractors typically find the need to file a mechanic’s lien against the property they worked on to secure payment for their labor and services, followed by the commencement of litigation in which they must not only foreclose on the

Electronic filing of court documents has become the norm rather than the exception both here, in New York federal and state courts, and around the country. The trend is driven by the pervasive availability of online technology to conveniently enable filing, as well as the generally held presumption in U.S. jurisprudence that court proceedings are

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Corporate Piracy Efforts: Cost Center or Profit Center?