On April 12, 2012, State Governor Andrew M. Cuomo issued an Executive Order to establish the New York State Health Benefit Exchange (the “Exchange”), in conformity with the federal Affordable Care Act.  The Order calls for the establishment of the Exchange within the Department of Health and to be funded entirely with federal funds until

In an era of evolving health care and advanced communications technology, there is room for participation by not only health professionals, but also business entities seeking to partake in the redesign of care processes and delivery of quality services. 

Instead of providing medical or clinical services, many have opted to become health supporters or concierge

As has been highlighted in this column on a number of occasions,[1] insurance fraud in connection with New York’s no-fault automobile insurance law[2] is a tremendously large problem that affects both automobile insurance companies and policyholders, leading to millions of dollars in losses and increased premiums. In an effort to combat no-fault insurance fraud, insurance

Crystal Mandall started working as a dental assistant for a New Jersey dental center in November 2007. On April 20, 2010, she was arrested on criminal charges. She kept in touch with the dental center through a relative, promising to return to work as soon as she was released. She remained incarcerated until May 1.

Lawyers are not immune from the call of the Internet and the growing marketing opportunities that it represents. Lawyers who provide services to small businesses and individuals are particularly attracted to Internet applications that enable them to target potential clients before the client walks in the firm’s door.  Lawyers that use these Internet applications are

The plaintiff in this case began working at a senior living facility operated by Brookdale Senior Living Communities, Inc., in Pompano Beach, Florida, on October 5, 2008. She was terminated 11 months later, in September of 2009. In June 2009, the plaintiff advised Brookdale that she was pregnant and would be requesting leave under the

In its ongoing efforts to address the “rapid growth of the Internet, including social media tools and other emerging technologies,” and its use by medical professionals, consumers and drug and medical device manufacturers and distributors, the Food and Drug Administration (FDA) recently issued a draft guidance proposing ways that a drug or device company may

More and more automobile insurance companies seek to combat no-fault insurance fraud by suing health care providers and others for fraudulently obtaining or seeking to obtain benefits[1] under New York’s no-fault law.[2] These lawsuits often combine claims to recover monies paid to the providers with a declaratory judgment action as to claims denied and/or not yet

After the plaintiff in this case brought suit to challenge a denial of long term disability benefits, the district court concluded that the complaint was time-barred by a limitation-of-actions clause in the plan. The plaintiff appealed.

The plan, issued by Hartford Life and Accident Insurance Company, generally prohibited a claimant from bringing a lawsuit more

Under the common law “mailbox rule,” the proper and timely mailing of a document raises a rebuttable presumption that the document was received by the addressee. A recent decision by the U.S. Court of Appeals for the Sixth Circuit in a case involving a claim for short term disability benefits makes it clear, however, that