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Paul Zimmerman

Showing 10 posts from June 2015.

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Supreme Court Upholds Obamacare’s Federal Subsidies for Health Insurance

Supporters of the Obamacare are celebrating today as the Supreme Court in King v. Burwell rejected a lawsuit against the Affordable Care Act (ACA). In a 6-3 decision, the Supreme Court held that the federal government may continue to subsidize health insurance in those states that have not set up their own exchanges.  (Read more)

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Credit Score No More: NYC Job Seekers are No Longer Subject to Credit Score Checks

Credit scores have long been an unrelenting source of frustration for many people. Whether it has prohibited you from obtaining that much-needed loan or driven up the cost of insurance premiums, having poor credit can follow you nearly anywhere. In fact, for some time, those looking to procure employment in New York City have been subject to these same frustrations - that is, until very recently. (Read More)

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City of Los Angeles vs. Patel Update: U.S. Supreme Court Strikes Down Warrantless Searches of Guest Registries

The U.S. Supreme Court has struck down a law enacted by the City of Los Angeles requiring hotel owners to comply with warrantless inspections of their guest registries upon demand by law enforcement officers. The High Court, in a 5 to 4 decision, determined that the ordinance was unconstitutional because it did not allow hotels the opportunities to challenge (via judicial review) an inspection demand. As noted by the Court, "Absent an opportunity for precompliance review, the ordinance creates an intolerable risk that searches authorized by it will exceed statutory limits, or be used as a pretext to harass hotel operators and their guests…Even if a hotel has been searched 10 times a day, every day, for three months, without any violation being found, the operator can only refuse to comply with an officer’s demand to turn over the registry at his or her own peril." (Read more)

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Sebastian Duda ©

New York Attorney General Pursues Dental Management Company for Corporate Practice Violation

Attorney General (AG) Eric Schneiderman announced a settlement With Aspen Dental Management (ADM). The Settlement Agreement requires ADM to pay $450,000 in Civil Penalties, after the AG found that the company was engaged in the unauthorized practice of dentistry and dental hygiene.  In New York, seven dental practices, operating a total of 40 “Aspen Dental” offices, had entered into contractual agreements with ADM to provide them with business support services and rights to use the “Aspen Dental” trade name. (Read more)

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Kathleen Ellis ©

Miami Nursing Home To Pay Record $17M in Whistleblower Suit

A Miami-based nursing home network agreed Tuesday to pay a record $17 million to settle a False Claims Act suit brought by its former CFO, accusing it of running a kickback scheme. The case is United States of America et al v. Plaza Health Network et al., aka Hebrew Homes. (Read more)

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Somsak Sudthangtum ©

Fired Nurse Loses Whistleblower Suit over Suspected Drug Use

A federal appeals court recently affirmed the dismissal of a whistleblower-retaliation suit against a Maine nursing home, holding that the plaintiff employee failed to prove that she was fired for telling her supervisor she believed a fellow nurse was using or stealing drugs.  (Murray v. Kindred Nursing Centers West LLC, d/b/a Kindred Transitional Care And Rehabilitation-Kennebunk, 1st U.S. Circuit Court of Appeals). (Read more)

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My Make OU ©

Questionable Physician Compensation Agreements May Lead to Liability

The Office of the Inspector General (OIG) has recently been targeting physicians who enter into compensation arrangements such as medical directorships. Physicians need to be aware that while their compensation arrangement may be legitimate, the agreement may violate the anti-kickback statute if any purpose of the arrangement is to compensate the physicians for any past or future referrals of Federal health care program business. (Read more)

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Michele Cornelius ©

NY Composting Initiative May Dump New Requirements on Local Restaurants

The New York City Sanitation Department (DSNY) implements a city-wide composting program that collects residential food waste at drop-off sites in all five boroughs. The DSNY is now considering whether to require restaurants, hotels, and other food-related businesses to participate in the program. Sanitation Commissioner Kathryn Garcia plans to have a decision by July 1, 2015. (Read more)

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Emergency Physicians Ostensible Agents of Hospitals?

In Whitlow v. Rideout Memorial Hospital, plaintiffs alleged that the hospital should be held responsible in a wrongful death suit for the actions of an emergency room physician who had failed to diagnose and treat a brain hemorrhage. Ruling that the physician was not an ostensible agent of the hospital, the trial court granted summary judgment. Based on prior California cases, the Court of Appeal reversed. (Read more)

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Vasyl Nesterov ©

Parting is Such Sweet Sorrow – Especially With a Severance Package (Part 2 of 2)

This month’s post is the 2nd in a 2 part series  addressing the issue of severance packages, this time focusing on the typical employee “asks”. In no particular order, these are:

1. A Release of Claims: A standard request from employees and their representatives is to ask that the Release set forth in the severance offer be “mutual.” That is, just as the employer is asking the employee to waive legal claims, many employees expect the same in return. (Read More)