New York Law Journal | Analysis
By Evan H. Krinick and Michael A. Sirignano | July 1, 2021
As Evan H. Krinick and Michael A. Sirignano discuss in this Insurance Fraud column, fraud with regard to compounded drugs—customized medications that are tailored to the needs of individual patients—and the associated costs to federal health care programs and private insurance plans, remains rampant in New York and across the country.
By Amanda Bronstad | June 24, 2021
Ohio U.S. District Judge Dan Polster initially said only individuals vaccinated against COVID-19 could serve on a trial set for October. Defense counsel said the move would block the court from getting a fair cross-section of the community. The debate comes as courts, in the midst of returning to jury trials at the courthouse, grapple with jurors and the vaccine.
By Justin Henry | June 15, 2021
"Most of the people who are being sued for this—families and friends of nursing home residents—they don't have lawyers and they don't know the legal jargon," a lawyer suing Cona Elder Law said.
By Jason Grant | June 2, 2021
A federal ruling dismissing plaintiffs' underlying fraud action "collaterally estops plaintiffs from arguing that but for defendants' negligence in failing to timely serve the defendant doctors," the plaintiffs would have prevailed in the underlying case, wrote an Appellate Division, First Department panel.
By Tom McParland | June 1, 2021
The court's move could jeopardize New York Attorney General Letitia James' ongoing efforts to sue the demonstrators in federal court for allegedly harassing and intimidating patients.
By Jane Wester | May 28, 2021
More than $750,000 in fraudulent billing has been submitted to Geico through Grand Medical, Geico attorney Barry I. Levy of Rivkin Radler wrote in the complaint.
New York Law Journal | Analysis
By John L.A. Lyddane | May 21, 2021
In his Medical Malpractice column, John L.A. Lyddane discusses the cause-in-fact defense, which is describes as underemployed in medical malpractice cases tried in New York courts. The distinction between cause-in-fact, also referred to as "actual cause", and proximate cause is frequently important enough to present this defense opportunity for the malpractice defendant where situationally appropriate.
New York Law Journal | Analysis
By Francis J. Serbaroli | May 17, 2021
In his Health Law column, Francis J. Serbaroli discusses the increasing number of audits and investigations into the many providers and businesses that receive Medicare and Medicaid funds. He explains how audits and investigations can be triggered, the government agencies and contractors that conduct them, and how they can lead all the way up to the executive suite and the governing board.
By Tom McParland | May 13, 2021
A unanimous panel of the Manhattan-based appeals court held that Gorss Motels Inc. had given "prior express invitation or permission" to receive the faxes from Lands' End.
By Tom McParland | April 27, 2021
A unanimous three-judge panel of the Manhattan-based appeals court found that the Medicare Act's procedural provisions, which funnel most, if not all, challenges to U.S. Health and Human Services Department rules through a special administrative review system, do not apply to claims arising independently under the Medicaid Act.
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