Effective October 9, 2018, New York State mandated that all employers adopt a sexual harassment policy and provide annual sexual harassment training for all employees. The deadline to complete the mandatory training for this year is October 9, 2019. If you have not done so already, you must either adopt the model New York State…
If you are a New York healthcare provider and you have received a letter from an insurance company alleging that you have been overpaid for certain services, you should understand your rights under the law. The New York Insurance Law provides protections to healthcare providers and sets limitations on the scope of recoupment efforts by…
David E. Daniels, Managing Partner at Daniels, Porco & Lusardi, LLP was recently selected by his peers for inclusion in The Best Lawyers in America, 25th edition in the field of Health Care Law. Daniels has been recognized on the list since 2012. Since it was first published in 1983, Best Lawyers® has become universally…
The teleradiology market is exploding. The global market was valued at $1.99 billion in 2016 and it is estimated to reach $8.2 billion by 2024, according to a report by Grand View Research, Inc. North America comprised 40% of the overall market in 2015, according to the report. Teleradiology enables rapid diagnoses and allows specialists…
Rep. Peter J. Roskam (R-IL) is clearly adamant about taking some action that he stresses is imperative to safeguard the health care industry against crushing regulatory challenges of the highest order. Here’s the problem, Roskam asserts: Health professionals are flailing under an onslaught – relentless and growing – of burdensome and often nonsensical regulation. The…
Large medical companies ranging from pharmaceutical entities to device manufacturers know that incoming litigation is a distinct and sudden possibility at any time. Indeed, America’s leading health care businesses suffer lawsuit-linked threats in a manner perhaps unparalleled in any other industry. The company 3M knows all about that. In fact, the device maker has been…
Vast. Comprising multiple and diverse participants. Under a layer of state and federal regulatory oversight. Complex. Those are core descriptors of the American medical industry, which is unquestionably one of the country’s most sprawling and complicated business realms. We spotlight that reality on our website at the established New York law firm of Daniels, Porco…
When a judge allows highly prejudicial and case-irrelevant evidence to be “wafted before the jury to trigger its punitive instincts,” it is likely that an appellate tribunal will take action. Which is exactly what a federal appeals panel did last week in New Orleans. Appellate judges cited a lower court’s error in allowing plaintiffs’ counsel…
The health care sphere is no different from other business realms in New York and nationally in that its participants – hospital administrators, doctors, insurers and myriad other actors – sometimes become embroiled in legal disputes that cannot be settled informally and amicably. Affected parties in such cases often face hard questions concerning the best…
A recent in-depth media profile calls it “a target-rich environment for investigation and prosecution.” That same report also stresses that federal criminal enforcement over it “stands poised to become increasingly muscular and robust.” The subject matter comprising “it” in the above piece is health care fraud. That realm is unquestionably a top-tier focus of national…