June 2012

The United States Supreme Court has upheld the 2010 Patient Protection and Affordable Care Act’s  individual mandate not because it is as an exercise of Congressional power under the Commerce Clause, but because the mandate is within Congress’s power to lay and collect taxes.

On Medicaid expansion, the Court ruled that the Act violates the

Physicians with a controlling interest in a New York professional corporation should be mindful of a minority shareholder’s common law right to judicial dissolution. In a recent posting on our New York Business Divorce Blog, Peter A. Mahler describes a recent ruling by Westchester County Commercial Division Justice Alan D. Scheinkman in the case

The New York State Office of the Medicaid Inspector General (“OMIG”) recently released its Compliance Program Guidance for General Hospitals.   While the OMIG had previously released a Compliance Program Assessment Tool, the new Guidance document provides a far greater level of detail as to the expectations of a hospital’s compliance program.

New York State

Peter A. Mahler, author of our sister blog New York Business Divorce, posted an excellent analysis of a recent case involving a shareholder dispute among members of an anesthesia group.

Key pieces of advice from Mahler:

  • Draft clear termination and exit provisions in shareholder and employment agreements;
  • Arbitration clauses can produce quicker results