Recent Publications


Healthcare Providers Receive ‘Helicopter Money’ with Strings Attached
April 27, 2020 | Health Services | Compliance, Investigations & White Collar

In 1969, noted economist Milton Friedman coined the term “helicopter money” to describe the monetary policy of injecting liquidity into the market, much like dropping money to people from helicopters, as an alternative to quantitative easing. The CARES Act, popularly referred to as the Provider Relief Fund is a “helicopter” that dropped a lot of

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Ullman Published in Nutrition Industry Executive
April 27, 2020 | Health Services | Compliance, Investigations & White Collar

Marc Ullman published an article in Nutrition Industry Executive entitled, “The ABH Nature’s Products Recall – Lessons for Own Label Distributors.”

Click here to read the article.

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DOH Confirms that Pandemic Payments Will Not Affect Medicaid Eligibility
April 24, 2020 | Trusts & Estates

The New York State Department of Health has issued a General Information System (GIS) message clarifying the impact of COVID-19 related payments on Medicaid eligibility determinations.

The GIS  confirms that pursuant to sections 2104 and 2201 of the  Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020  certain pandemic-related payments will not impact Medicaid

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Trustees, Under Pressure from Beneficiaries Affected by COVID-19, Face Legal Risks
April 24, 2020 | Trusts & Estates

For many Trustees, the current economic environment is probably the most challenging they have ever faced. As the coronavirus epidemic sweeps across the country and throughout much of the world, the stock markets have experienced unprecedented volatility not seen since the Crash of 1929.1 Treacherous. Unpredictable. Hysterical. These are just some of the words that

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Little COVID-19 Relief for Facilities and Providers Subject to Justice Center Actions
April 23, 2020 | Health Services | Compliance, Investigations & White Collar

Although Executive Order 202.10 gave health care providers some immunity for COVID-19 related care, this immunity does not extend to actions by the Justice Center for the Protection of People with Special Needs (“Justice Center”). A provider or facility could be prosecuted for allegations of abuse or neglect by the Justice Center for actions taken

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How Will Trump’s Immigration Ban Affect You?
April 23, 2020 | Immigration

After a teaser on Twitter and a verbal preview during a press conference, President Trump has signed an executive order preventing certain foreign nationals from receiving an immigrant visa for the next 60 days. The purpose of the order is protecting United States workers from competition from foreign workers. In reality, however, the order will

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Employee Benefit Plan Review – From the Courts
April 22, 2020 | Labor & Employment | Insurance Coverage

U.S. Supreme Court Interprets “Actual Knowledge” Test for Suits Against ERISA Fiduciaries

The U.S. Supreme Court, in a unanimous decision, has ruled that a plaintiff in a lawsuit alleging a fiduciary breach under the Employee Retirement Income Security Act of 1974 (“ERISA”) did not have “actual knowledge” of the information contained in disclosures that the

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Action Required for Certain Non-Filers to Obtain Maximum Economic Impact Payment
April 21, 2020 | Tax | Trusts & Estates

The IRS on April 20, 2020, issued a special alert for non-filing Social Security or Railroad Retirement Benefit Recipients with qualifying children under 17 (“non-filers”).

In order to receive the additional $500 payment per eligible child added to the $1,200 Economic Impact Payment, non-filers must register on the IRS’ Non-Filer tool site by 12 p.m.

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OCR Pushes Back Against Discriminatory State Triaging Guidelines
April 21, 2020 | Health Services

Two recent decisions of the Department of Health and Human Services Office for Civil Rights (OCR) illustrate that age and disability status cannot be used as blanket criteria for denying access to health care services, even during a pandemic. This should serve as a warning to healthcare providers about the risks in making triage decisions

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10 Steps to Protect Your Loved Ones From Elder Fraud Abuse
April 21, 2020 | Trusts & Estates

We have an elder fraud epidemic in this country. By one estimate, one in 10 people in the United States over the age of 65 falls victim to financial fraud every year. Telephone scams, caretaker abuse and contractor fraud are just three of the most common forms of this exploitation. As baby boomers grow older,

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DOJ Charges California Physician with COVID-19 Fraud
April 20, 2020 | Health Services

On April 16, the United States Attorney’s Office for the Southern District of California charged Dr. Jennings Ryan Staley, a licensed physician and the operator of Skinny Beach Med Spa in San Diego, with mail fraud in connection with his offer to sell “COVID-19 treatment packs” to patients and the general public. Emails sent by

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The EEOC Issues Guidance on COVID-19 Related Workplace Laws
April 17, 2020 | Labor & Employment

The U.S. Equal Employment Opportunity Commission (EEOC) has updated its guidance on workplace laws during the COVID-19 outbreak. The guidance, updated on April 17, 2020, assists employers with navigating pandemic-related issues. In a question-and-answer format, the EEOC clarifies topics such as the confidentiality of medical information, inquiries about employee symptoms and providing reasonable accommodations.

The

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Recent Commercial Division Decision Highlights That Sometimes Less Is More
April 16, 2020 | Commercial Litigation

A recent decision by New York County Commercial Division Justice, the Hon. Barry Ostrager, gave litigants a reminder of the preference that New York courts have for reasonable non-solicitation and confidentiality clauses that do not include covenants not to compete.

In King v. Marsh & McLennan Agency, LLC, 2020 NY Slip Op 50370(U) (Sup. Ct.

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Law360: Tenn. Hospital Bankruptcy May Be the First of Many
April 16, 2020 | Health Services | Bankruptcy

Jim Lagios, Bob Iseman and Stu Gordon wrote an article for Law360 regarding the impact of coronavirus on the financial well-being of hospitals and health systems. To read the article, click on the link below.

Tenn. Hospital Bankruptcy May Be The First Of Many

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Proposed COVID-19 Bills Targeting Insurers: Do They Pass Constitutional Muster?
April 15, 2020 | Insurance Coverage

“While emergency does not create power, emergency may furnish the occasion for the exercise of power.”

~ U.S. Supreme Court Chief Justice Charles E. Hughes (1934)

COVID-19 has transformed the health and economy of our nation. Expectedly, the legislative response to this national emergency, at both the state and federal levels,

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