Recent Publications - Health Services


CMS Expands Accelerated and Advance Payment Program to Assist Providers
April 1, 2020 | Health Services

As healthcare providers continue to fight the coronavirus outbreak, many practices are suffering major disruptions due to the cancellation of elective surgeries and office visits, among other things. In an effort to lessen the financial hardships facing these providers, on March 28 the Centers for Medicare & Medicaid Services (CMS) announced an expansion of its

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Legal Protections for Healthcare Workers during the COVID-19 Pandemic
March 31, 2020 | Health Services | Medical Malpractice Defense

At a time when medical professionals are overwhelmed by the COVID-19 crisis, Governor Cuomo issued an executive order expanding resources to healthcare workers. The goal is to meet the treatment demands of coronavirus patients, and most significantly, provide health care providers with protection, in most instances, from lawsuits for medical malpractice and other potential liability.

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DHS-CISA Updates Guidance on Essential Industries
March 31, 2020 | Health Services

On March 28, 2020, the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency issued a much-needed update clarifying what constitutes “essential industry” during the national COVID-19 response.  This updated Guidance is especially important as many of the individual state declarations of emergency refer to “essential industry” without any enumeration, or specifically reference DHS-CISA

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CARES Act Includes Behavioral Health and Substance Abuse Provisions
March 30, 2020 | Health Services

Several of the provisions in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), signed into law on March 27, will help people with substance use disorders (SUDs) and the healthcare professionals who care for them. Congress has recognized that people with SUDs are especially vulnerable during the current public health emergency, and economic

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CARES Act Changes Privacy Rules for Substance Use Disorder Records
March 30, 2020 | Health Services

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), signed into law on March 27, made some substantial changes to the confidentiality rules for substance abuse and mental health records to bring them in line with HIPAA confidentiality rules. In addition, references to “substance abuse” have been updated to “substance use disorder.”

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Remote Participation in Shareholder Meetings in the Age of Coronavirus
March 27, 2020 | Corporate

UPDATE

After this article was published, New York Governor Andrew Cuomo issued an executive order clarifying this issue. According to the order, due to the coronavirus pandemic, until April 19, 2020, companies incorporated in New York are permitted to hold virtual-only shareholder meetings. The executive order temporarily provides relief from the portions of subsection (a)

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Laboratory-Related Provisions in the CARES Act
March 27, 2020 | Health Services

Several of the provisions in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) passed by the Senate on March 25 relate to laboratory diagnostic testing for the COVID-19 virus.

Within Division A of the CARES Act, titled “Keeping Workers Paid and Employed, Health Care System Enhancements, and Economic Stabilization,” there are four sections

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The IRS’ Role in Providing Tax Relief to Those Affected by COVID-19
March 25, 2020

Under the proposed Coronavirus Aid, Relief and Economic Security Act, Congress has tasked the IRS with overseeing cash stimulus payments to be made to taxpayers. In addition, last week, the Families First Coronavirus Response Act was signed by President Trump, permitting the U.S. Treasury Department, IRS and U.S. Department of Labor to jointly administer two

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IRS Provides Answers to FAQs Regarding COVID-19 Relief
March 25, 2020 | Tax

In an effort to provide as much timely guidance as possible, the IRS has created a Frequently Asked Questions (FAQs) site to address taxpayer questions and concerns with respect to recently promulgated Notice 2020-18. The Notice generally provided relief with respect to income tax return filings and payments and the FAQs serve to guide taxpayers

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NYS Offers Forbearance to Borrowers, NYC Allows Penalty Waivers
March 25, 2020 | Banking

On March 21, 2020, Governor Cuomo issued Executive Order 202.9, which is in effect through April 20, 2020. The order provides financial relief to consumers and businesses with outstanding bank loans.

The order modifies subdivision two of Section 29 of the Banking Law to provide that it is an “unsafe and unsound” business practice if

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