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New York Health Law | New York Healthcare Lawyers | Farrell Fritz Law Firm

New York Health Law is published by the Farrell Fritz Healthcare practice group and covers issues around health law in New York State.

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New York Health Law | New York Healthcare Lawyers | Farrell Fritz Law Firm | nyhealthlawblog.com Reviews

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New York Health Law is published by the Farrell Fritz Healthcare practice group and covers issues around health law in New York State.

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1

Audit and Compliance | New York Health Law

https://www.nyhealthlawblog.com/audit-and-compliance

New York Health Law. Archives: Audit and Compliance. Subscribe to Audit and Compliance. Consequences for Failure to Have a Required Business Associate Agreement. By Jeffrey P. Rust. June 1, 2016. Posted in Audit and Compliance. Both Covered Entities and Business Associates are directly liable for failing to have a compliant Business Associate Agreement in place. In addition, Business Associates must have Business Associate Agreements with their subcontractors who create, receive, maintain or transmit...

2

Second Circuit Rejects Constitutional Challenge To New York School Vaccination Requirement | New York Health Law

https://www.nyhealthlawblog.com/2015/01/08/second-circuit-rejects-constitutional-challenge-to-new-york-requirement-that-children-be-vaccinated-to-attend-public-school

New York Health Law. Raquo; Second Circuit Rejects Constitutional Challenge To New York School Vaccination Requirement. Second Circuit Rejects Constitutional Challenge To New York School Vaccination Requirement. By Kevin P. Mulry. January 8, 2015. Phillips v. City of New York. Plaintiffs first argued that mandatory vaccination violates substantive due process. The Court upheld New York’s requirement, based on the Supreme Court’s decision in. Jacobson v. Commonwealth of Massachusetts. The Court next addre...

3

Litigation | New York Health Law

https://www.nyhealthlawblog.com/litigation

New York Health Law. Sixth Amendment Prevents Pretrial Restraint on Health Care Defendant’s Use of Untainted Funds To Pay Counsel. By Kevin P. Mulry. April 4, 2016. Posted in Fraud and Abuse and Stark. Physicians and Other Licensed Professionals. The Supreme Court held last week that in a federal health care fraud prosecution, the Sixth Amendment prevents the government from obtaining a pretrial freeze of assets that were untainted by the alleged crime and that defendant sought to use to pay her lawyer.

4

Helpful Healthcare Links | Farrell Fritz Law Firm | New York Health Law

https://www.nyhealthlawblog.com/links

New York Health Law. Centers for Medicare and Medicaid Services (CMS). New York State Department of Health. New York State Office of the Medicaid Inspector General (OMIG). Office of Inspector General (U.S. Dept. of Health and Human Services). OIG Compliance Training Videos. Kevin P. Mulry. Jeffrey P. Rust. Fraud and Abuse and Stark. Hospitals and Health Care Facilities. Information Technology and EMR. Insurance and Managed Care. Long Term Care, Home Health and DME. Long Island Land Use and Zoning.

5

Archives | New York Health Law

https://www.nyhealthlawblog.com/archives

New York Health Law. Kevin P. Mulry. Jeffrey P. Rust. Fraud and Abuse and Stark. Hospitals and Health Care Facilities. Information Technology and EMR. Insurance and Managed Care. Long Term Care, Home Health and DME. Physicians and Other Licensed Professionals. OCR’s First Settlement with a Business Associate for HIPAA Violations. Consequences for Failure to Have a Required Business Associate Agreement. Who is a “Qualified Person” for Purposes of Access to a Patient’s Medical Records.

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QSub | Tax Law for the Closely Held Business

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Tax Law for the Closely Held Business. Legal Updates and Commentary for Tax and Estate Planning. C Corp-to-S Corp: It “Pays” To Be The Last In and First Out? August 10, 2015. Posted in Federal Tax Issues. In general, a C corporation may achieve pass-through treatment for income tax purposes, without triggering immediate income or gain recognition, by electing to be treated as an S corporation. One caveat to this general rule, however, is the so-called LIFO Recapture rule. Under IRC Sec. 1363(d). Taxpayer...

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Demarest, Carolyn E. | New York Commercial Division Case Compendium

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New York Commercial Division Case Compendium. A Searchable Database of Court Decisions Issued by New York’s Commercial Division. Category Archives: Demarest, Carolyn E. Subscribe to Demarest, Carolyn E. RSS Feed. Court Stays Action, Rather Than Dismiss, Despite Simultaneous Similar Action Between Same Parties in NJ, Where Full Relief Might Not Be Afforded in NJ Action. January 26th, 2016. Demarest, Carolyn E. January 12th, 2016. Posted in Attorneys' Fees. Demarest, Carolyn E. December 15th, 2015. In an O...

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Emerson, Elizabeth | New York Commercial Division Case Compendium

http://www.nycommdivcompendium.com/judges/justice-emerson-elizabeth

New York Commercial Division Case Compendium. A Searchable Database of Court Decisions Issued by New York’s Commercial Division. Category Archives: Emerson, Elizabeth. Subscribe to Emerson, Elizabeth RSS Feed. The Constitutionality of a Local Zoning Law Hinges on the Resolution of Three Threshold Questions. January 26th, 2016. Posted in Declaratory Judgment. Court Finds Stock-Option Agreement Unenforceable, and Covenant-Not-to-Compete Unreasonable. December 15th, 2015. Posted in Breach of Contract. Conti...

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Brooklyn-based Chrysler, Dodge, Jeep, RAM (“CDJR”) Dealer’s Antitrust and Unfair Competition Claims Against other New York CJDR Dealers Dismissed for Failure to State a Claim | New York Commercial Division Case Compendium

http://www.nycommdivcompendium.com/2015/08/04/brooklyn-based-chrysler-dodge-jeep-ram-cdjr-dealers-antitrust-and-unfair-competition-claims-against-other-new-york-cjdr-dealers-dismissed-for-failure-to-state-a-claim

New York Commercial Division Case Compendium. A Searchable Database of Court Decisions Issued by New York’s Commercial Division. Demarest, Carolyn E. Brooklyn-based Chrysler, Dodge, Jeep, RAM ( CDJR ) Dealer’s Antitrust and Unfair Competition Claims Against other New York CJDR Dealers Dismissed for Failure to State a Claim. Brooklyn-based Chrysler, Dodge, Jeep, RAM ( CDJR ) Dealer’s Antitrust and Unfair Competition Claims Against other New York CJDR Dealers Dismissed for Failure to State a Claim. To brea...

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Attempts to Avoid Creditors Thwarted When Court Finds Evidence of Intent to Defraud Creditors, Granting Plaintiff Summary Judgment: All County Paving Corp. v Darren Constr. Inc. | New York Commercial Division Case Compendium

http://www.nycommdivcompendium.com/2015/08/11/attempts-to-avoid-creditors-thwarted-when-court-finds-evidence-of-intent-to-defraud-creditors-granting-plaintiff-summary-judgment-all-county-paving-corp-v-darren-constr-inc

New York Commercial Division Case Compendium. A Searchable Database of Court Decisions Issued by New York’s Commercial Division. Attempts to Avoid Creditors Thwarted When Court Finds Evidence of Intent to Defraud Creditors, Granting Plaintiff Summary Judgment: All County Paving Corp. v Darren Constr. Inc. Attempts to Avoid Creditors Thwarted When Court Finds Evidence of Intent to Defraud Creditors, Granting Plaintiff Summary Judgment: All County Paving Corp. v Darren Constr. Inc. By James M. Wicks. Secon...

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Not-for-profit | New York Commercial Division Case Compendium

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New York Commercial Division Case Compendium. A Searchable Database of Court Decisions Issued by New York’s Commercial Division. Subscribe to Not-for-profit RSS Feed. The Court Will Not Litigate the Merits of an Arbitration Award Simply Because It Believes Its Judgment Would Be a Better One. September 29th, 2015. Demarest, Carolyn E. In a July 6, 2015 Commercial Division decision by Justice Demarest, the court denied respondent’s motion to vacate an arbitration award. August 4th, 2015. Demarest, Carolyn E.

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2d Dept | New York Commercial Division Case Compendium

http://www.nycommdivcompendium.com/countydistrict/2d-dept

New York Commercial Division Case Compendium. A Searchable Database of Court Decisions Issued by New York’s Commercial Division. Category Archives: 2d Dept. Subscribe to 2d Dept RSS Feed. Statute of Limitations Not a Bar Where Constructive Trust Claim Based on 2012 Alleged Breach of Promise, Not Mid-90’s Acquisition of Subject Properties. December 8th, 2015. Posted in 2d Dept. By Matthew D. Donovan. December 8th, 2015. Posted in 2d Dept. Court Denies Plaintiff Summary Judgment, Where Clause in Agreement ...

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Archives | Lawful Libations | Long Island Wine & Spirits Lawyers | Farrell Fritz Law Firm

http://www.lawfullibations.com/archives

Legal Updates and Commentary for Vineyards, Breweries, Distilleries and Farmers. Robert M. Connelly. John C. Armentano. Robert M. Connelly. Subscribe to this blog via RSS. View Our LinkedIn Profile. Follow Us on Twitter. Friend us on Facebook. Subscribe to this blog by email. Marketing Activities of Vineyards: When Do Local Zoning Laws Apply? Couple’s Dream of a Family Winery Crushed by Zoning Board Decision. Can an IPA Beer Trademark Be Confusingly Similar to a Wine? TTAB says “Yes”. New York Health Law.

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Litigation | Lawful Libations

http://www.lawfullibations.com/category/litigation

Legal Updates and Commentary for Vineyards, Breweries, Distilleries and Farmers. Subscribe to Litigation RSS Feed. Beck’s Drinkers Confused Over Beer’s Origin Proceed to Class Certification. November 4, 2014. Posted in Labeling and Advertising. Beer Wars: Lucasfilm Strikes Bock. By Robert M. Connelly. October 31, 2014. Posted in Labeling and Advertising. Once-Settled Dispute Between Long Island’s Duck Walk Vineyards and Napa Vineyard Flares Up. June 26, 2014. Posted in Labeling and Advertising. Back in 2...

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Customer Confusion | Lawful Libations

http://www.lawfullibations.com/tag/customer-confusion

Legal Updates and Commentary for Vineyards, Breweries, Distilleries and Farmers. Tag Archives: Customer Confusion. 8220;Masquerade” Wine Trademark Refused, Too Similar to “Mascarade” Mark on Mixed Drinks. February 2, 2015. Can an IPA Beer Trademark Be Confusingly Similar to a Wine? TTAB says “Yes”. January 14, 2015. Beck’s Drinkers Confused Over Beer’s Origin Proceed to Class Certification. November 4, 2014. Posted in Labeling and Advertising. You’re a brewer ready to launch a new label. You re...8220;Ma...

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New York Health Law | New York Healthcare Lawyers | Farrell Fritz Law Firm

New York Health Law. Small Issues with Big Impacts: 2018-19 New York State Hospital Budget Highlights. By Daniel S. L. Rubin. April 12, 2018. Posted in Hospitals and Health Care Facilities. Small Issues with Big Impacts: 2018-19 NYS Hospital Budget Highlights. And the Health Care Transformation Fund being funded in connection with the acquisition of a New York-based payor ( discussed here. But beyond that, there are no huge system-wide reforms in the Enacted Budget that directly impact hospitals. While t...

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