Blog

»  Posts By   June 2020 

Another Appellate Court Rules That MLMIC Conversion Funds Belong to the Named Insured, Regardless of Who Paid the Premiums

The Appellate Division, Third Department, of the New York State Supreme Court, is now the third judicial department to issue a decision on the question of who is entitled to receive the proceeds from the Medical Liability Mutual Insurance Company (MLMIC) demutualization – the named MLMIC policyholder or the practice owner who paid the policy premiums. In Schoch v. Lake Champlain Ob-Gyn, P.C., the Appellate Court held that it is...

Frier Levitt Vacates $6.7M Confessed Judgment in Maryland

In early March 2020, a healthcare client approached the firm with a $6.7 million judgment obtained against the client personally and professionally by “Confession.”  Years earlier, the client entered into an agreement with language that, according to the lender, permitted a judgment without any discovery or even a hearing – a “Confession of Judgment.”  This week, Frier Levitt successfully “Vacated” that $6.7M confessed judgment in the Circuit Court in Baltimore...

Inspections Should Not Be Interrogations

Inspections are not uncommon in the world of healthcare and life sciences. State licensing boards, DEA, and other oversight agencies at times assert a right to inspect a medical practice or pharmacy. They usually show up unscheduled and at an inopportune time, and claim that they have an immediate right to inspect. Keep in mind that inspections have to be reasonable, and within the scope/mission of the agency seeking to...

Complimentary Webinar: How Physicians Can Extract Value From Their Own Clinical and Claims Data Through Data Aggregation

If you don’t have control over your data, you don’t have control over your practice. The world of healthcare has become more and more data driven for measuring efficiency, quality and many are relying exclusively on insurance claims data and not clinical data. Frier Levitt Co-Founder Daniel B. Frier, Esq. was joined by New York City Office Managing Partner John E. Morrone, Esq. and Associate Arielle T. Miliambro, Esq. last...

How PBMs Win at Plan Sponsors’ and Pharmacies’ Expense Using DAW Codes and Maximum Allowable Cost (MAC) Pricing

Pharmacy Benefit Managers (“PBMs”) have developed a perverse technique to incentivize pharmacies to dispense more expensive brands, at the expense of Plan Sponsors and patients.  Plan Sponsors seek to reduce their drug spend by encouraging the dispensing of more generics and fewer brands.  Pharmacies want to serve their patient population and earn a reasonable living.  PBMs combine “below cost” reimbursement of generics, with Dispense As Written (“DAW”) Code “overrides” to...