New York State Medicaid providers who claim, order or receive at least $500,000 from the Medicaid Program in any consecutive 12-month period have until December 31 to certify that they have implemented a compliance program aimed at detecting and preventing Medicaid fraud, waste and abuse. This requirement also applies to third-party billing companies that bill

Substance use treatment providers and rehabilitation centers should use caution when reviewing and approving written consents for the disclosure of substance use patient records, specifically consents authorizing disclosure to government agencies, as such requests frequently do not comply with new SAMHSA regulations.

On January 18, 2017, the Substance Abuse and Mental Health Services Administration (SAMHSA)

Shari Claire Lewis and Amanda Gurman authored an article, “Equifax: Why This Data Breach Is Different from All the Others,” which appeared in the November 2017 edition of Westlaw Journal White Collar Crime.

To read the article, click here.

Plaintiffs’ Claimed Violation of California’s “Day of Rest” Law Fails

The plaintiffs in this case, former California employees of Nordstrom, Inc., a retail department store, sued the company, alleging that it had violated the provision of the California Labor Code granting employees a right to one “day’s rest” in seven.

One of the plaintiffs alleged that, while

The Trump Administration’s Department of Labor has proposed a new tip rule that could rescind a 2011 regulation enacted during the Obama administration that mandates employers distribute tips to their tipped employees. The proposed rule, which was published in the Federal Register on December 5, 2017, would allow restaurant owners to pool tips and share

A new audit regime, effective January 1, potentially shifts tax liabilities among partners. Starting in 2018, the IRS will be authorized to collect tax deficiencies directly from a partnership (including LLCs taxed as partnerships). This will result in current partners bearing tax liabilities relating to prior taxable years, even though the partnership may now have

Exclusions are front and center in this month’s Insurance Update.

We discuss the ubiquitous but seldom applicable war exclusion, the professional services exclusion, the intellectual property exclusion, and the workmanship and earth movement exclusions.

Other topics in this month’s update include late notice and prejudice, a Missouri appellate court’s allocation ruling, and what happens when

Christopher Casa authored an article, “Obligations of Prosecutors and Defense Attorneys to Prevent False Testimony,” which appeared in the November 2017 issue of Nassau Lawyer.

Click here to read the article.

This article is reprinted with permission by the Nassau County Bar Association.

Irrevocable Medicaid trusts can be a powerful tool for families seeking to protect assets from the costs of long-term care, if drafted and administered properly. A failure of either can create bad blood within the tightest of families, with resulting financial repercussions, so the Suffolk County Surrogate’s Court reminds us in its September 7, 2017,

The deadline for required enrollment with Medicaid under the Federal 21st Century Cures Act (Cures Act) is fast approaching. Currently, Medicaid Managed Care providers are sending mass mailings to their participating providers with notices of required compliance.

By December 1, 2017 certain participating healthcare providers of New York State Medicaid Managed Care plans or the

Unless resolved by the Appellate Division or by the New York Court of Appeals, or clarified by the legislature or the Department of Financial Services, the Appellate Term split will make it difficult for automobile insurers to accurately calculate premium rates for no-fault coverage or to know which claims of health care providers they should

The U.S. Citizenship and Immigration Services (USCIS) changed its policy on visa renewals. USCIS will no longer defer to prior visa approvals and will instead treat each renewal application as if it were an initial application. This represents a major turnaround to an immigration policy that had been in place for 13 years.

Since 2004,

Appellate Division Rules That Policy Covered Loss Caused By A Defect That Began Before Policy’s Effective Date

The insured made a claim under its insurance policy for losses that resulted when a power-generating turbine was taken out of operation due to excessive vibrations. The vibrations were found to have been caused by a crack in

Today, most businesses are e-businesses, and all e-businesses should take note. There has been an explosion in the number of lawsuits filed in the Federal Courts seeking damages and injunctive relief under Title III of the Americans With Disabilities Act, 42 U.S.C. § 12182(a) (the “ADA”) based on alleged failures to provide accommodations that enable

We previously posted bulletins addressing an overview of employer and employee requirements under New York’s Paid Family Leave Act (the “Act”), which goes into effect January 1, 2018. (See https://www.rivkinradler.com/publications/regulations-issued-new-york-paid-family-leave-benefits-law/ and https://www.rivkinradler.com/publications/ny-workers-compensation-board-finalizes-paid-family-leave-regulations/.)

Under the Act, employees who will not meet the minimum employment duration requirements to qualify for coverage will have the option of waiving