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How Healthcare Providers’ Businesses Can Recover from the Impact of a Hurricane

Hurricanes, like the recent Hurricane Florence that hit North Carolina and South Carolina, can cause massive economic harm and property damage to physician practices, hospitals, pharmacies, and healthcare providers of all kinds. Business loss may include loss of patients, inventory, files, equipment, and the inability to continue operating the business. Other potential losses include the loss of payor contracts, adverse impact on wholesaler and distributor arrangements, licensing issues and prescription...

Frier Levitt Protects Medical Practice Against Putative Class Action Lawsuit for Alleged Protected Health Information (PHI) Disclosure

Frier Levitt successfully defended a medical practice in a lawsuit alleging various breaches including doctor-patient privilege, invasion of privacy, duty of care and NJ Consumer Fraud Act. The medical practice was sued along with a collection attorney for the alleged disclosure of PHI. Frier Levitt immediately filed a motion to dismiss on the basis that the information disclosed in a medical bill was not a violation of the doctor-patient privilege since...

CMS Tactics Used to Exclude Providers: How One Physician Can Sink the Whole Group

While some may still question whether it is true that "one bad apple can spoil the bunch," when it comes to doctors, group practices, and Medicare, this well-known adage is true. Surprisingly, there are instances when a single doctor's conduct, can result in dire consequences for the practice's Medicare privileges. Under the regulations governing revocation of Medicare privileges, the Centers for Medicare and Medicaid Services (CMS) can revoke Medicare privileges...

Senior Counsel Michelle Greenberg is Victorious in Appellate Court

Congratulations to Partner, Michelle Greenberg, Esq., on a significant appellate court victory.  25-2-9108 Roberts v. Moise, App. Div. (per curiam) (18 pp.) Plaintiff appealed the dismissal of her complaint in which she sought to establish her entitlement to a membership interest in defendant Northeast Anesthesia and Pain Management LLC. In her complaint she asserted claims for: specific performance of the employment agreement; breach of the EA; breach of the covenant...

Are Your Physicians Properly Insured? Pending Lawsuit Could Hold Health Care Facilities Liable for Uninsured Physicians

New Jersey law requires all physicians to maintain malpractice insurance for the benefit of patients to whom they provide medical treatment (N.J.S.A. 45:9-19.17). In the alternative, a physician may file a letter of credit in the amount of $500,000 with the Board of Medical Examiners (BME) confirming the physician's financial ability to pay a judgment. Failure to comply with this statute could result in disciplinary action and civil penalties. What...
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