Corporate and Business

Consumers often seek online reviews of a business on platforms such as Yelp, CitySearch, Yahoo and Google Plus Pages before purchasing products or services. This includes patients seeking online reviews of a physician or other licensed professional before seeking treatment. Unfortunately, a practice known as “Astroturfing” has developed where businesses attempt to create an impression of widespread support for their
Continue Reading NY Medical Providers: Use Caution When Soliciting Positive Reviews on Consumer-Review Websites

Physicians often practice through a limited liability entity to shield the physician from practice liabilities. In New York, such entities may take the form of a professional service corporation, professional limited liability company, or professional limited liability partnership. Regardless of the type of entity selected, professionals in New York remain “personally and fully liable and accountable for any negligent or
Continue Reading Shareholder Liability for the Misconduct of Others: What is “Direct Supervision and Control?”


A recent article in the New York Times examined the growth of noncompete agreements, noting “Noncompete clauses are now appearing in far-ranging fields beyond the worlds of technology, sales and corporations with tightly held secrets, where the curbs have traditionally been used. From event planners to chefs to investment fund managers to yoga instructors, employees are increasingly required to sign

Continue Reading A Refresher on Noncompetes for Health Professionals

The New York Court of Appeals decided last week, in Handler v. DiNapoli, that the State Comptroller has the authority to review the billing records of a non-participating provider receiving funds from the State’s primary health benefit plan, even though the payment of state funds is made indirectly.

New York State provides health insurance to its employees, retirees, 
Continue Reading Court of Appeals Upholds Comptroller Audit Of Non-Participating Provider’s Billing Records

Claimants have a private right of action against insurers under New York’s Prompt Pay Law, N.Y. Ins. Law 3224-a, according to the Appellate Division in Maimonides Med. Ctr. v. First United Am. Life Ins. Co., decided earlier this month.
Under the Prompt Pay Law, an insurer must pay undisputed claims within 45 days, and within 30 if electronic


Continue Reading Private Right of Action Recognized Under New York’s Prompt Pay Law

Farrell Fritz partner Lou Vlahos recently issued an important advisory report addressing the New York Nonprofit Revitalization Act of 2013 (the “Act”). Nonprofit corporations in New York will need to comply with many of the Act’s provisions by July 1, 2014.

Major new requirements include:

-the adoption of conflict of interest and whistleblower policies;

-creation of an audit committee composed
Continue Reading The New York Nonprofit Revitalization Act of 2013 – What NFPs Need to Know

Alternatives to the hospital emergency room and primary care doctor’s office are opening in strip malls and other retail locations throughout the country. New York State is no exception. In an effort to provide oversight for these walk-in clinics, New York’s Public Health and Health Planning Council (PHHPC) has recommended regulations for these facilities.

The recommendations would place walk-in
Continue Reading NYS DOH Recommends Regulations for Retail and Urgent Care Clinics

          In March 2013, the Second Circuit certified to the New York Court of Appeals the issue of whether a medical corporation may be liable for the unauthorized disclosure of medical information, when the employee responsible for the breach was not a physician and was acting outside the scope of her employment (see post).  In Doe v. Guthrie,
Continue Reading Medical Corporation Not Liable For Employee’s Disclosure Of Confidential Medical Information

On October 2, 2013, New York City Mayor Michael Bloomberg signed into law the Pregnant Workers Fairness Act (the “Act”). The Act, which amends New York City’s Human Rights Law, prohibits employers from discriminating against workers who are pregnant or have a medical condition related to pregnancy or childbirth, and requires employers to provide a reasonable accommodation to such workers

Continue Reading Bloomberg Signs Pregnant Workers Fairness Act

(This post was authored by Heather Harrison, an associate in the Labor & Employment practice at Farrell Fritz)

Although key provisions of the Patient Protection and Affordable Care Act (ACA) have been delayed until 2015, one important notice requirement is just around the corner. By October 1, 2013, virtually all employers must provide written notice to their employees

Continue Reading Affordable Care Act Employer Notice Deadline Nears