New York Health Care Law Blog

New York doctor sued by former office manager

On behalf of Rivas Goldstein, LLP posted in Physicians and Group Practices on Tuesday, February 18, 2020.

Running a private practice is not easy. The physicians that take on this role generally manage their business in addition to practicing medicine. This is a difficult balance that can include dealing with business planning and administrative needs while ensuring proper record keeping on top of providing quality medical care to patients.

When dealing with business interests, physicians who run their private practice must also navigate social situations with their administrative staff and others who work in their practice. A recent case provides an example of how a failure to keep the relationship professional can lead to serious problems.

Will CMS update Stark Law? 3 things to know about new proposal.

On behalf of Rivas Goldstein, LLP posted in Stark Law/Anti-Kickback Statutes on Tuesday, February 11, 2020.

The Centers for Medicare and Medicaid Services (CMS) recently released a proposal to change the Stark Law. The proposal is not current law, but the agency has stopped taking public comments.

Nurses and social media: 3 tips to navigate wisely

On behalf of Rivas Goldstein, LLP posted in Nurse Licensing on Friday, February 7, 2020.

Social media has become an important part of our daily lives. Various platforms from Facebook and Twitter allow us to keep up with loved ones on a regular basis, whether living near or far. Still other platforms like LinkedIn can help us network within our professions. The benefits to these tools are many, but they do come with some risks. A misstep while online could put a nurse’s job, and potentially their professional license, at risk.

Insurance company accuses diagnostic lab of bribing hospitals

On behalf of Rivas Goldstein, LLP posted in Diagnostic lab on Thursday, February 6, 2020.

A diagnostic lab is in financial ruin after an insurer accused the lab of paying illegal kickbacks in exchange for referrals. The accusations are part of a lawsuit that has led the lab to file for protection in bankruptcy court.

Lawmakers remove hospital leader amidst qualification concerns

On behalf of Rivas Goldstein, LLP posted in Health Care Investigations on Wednesday, February 5, 2020.

Getting a high-level job in the medical world can be difficult. Applicants must have the training and experience to qualify for the position as well as go through the interview process. Once a candidate is offered the job, they may be surprised to find out lawmakers could publicly push back against the decision.

Unfortunately, this was the reality for one hospital chief executive officer (CEO).

2 lessons after man acquitted of health care fraud charges

On behalf of Rivas Goldstein, LLP posted in Health Care Investigations on Friday, January 31, 2020.

The prosecution's case against Dr. Jorge Zamora-Quezada continues to provide learning opportunities for medical professionals throughout the country. In the most recent development, the government agreed to the acquittal of one of Dr. Zamora-Quezada's employees.

Report: which medical specialty most likely to get sued?

On behalf of Rivas Goldstein, LLP posted in Physicians and Group Practices on Tuesday, January 28, 2020.

Those who enter the medical practice generally do so because of a desire to help heal those who are ill. Like any profession, mistakes can happen. These mistakes can be purely accidental or result from negligence. Whatever the cause, a patient who suffers an injury due to the mistake may pursue a medical malpractice claim.

Certain specialties are at an increased risk of allegations of medical malpractice. According to a recent report from Medscape, the specialties most likely to face a lawsuit in 2019 were as follows:

Medicare Fraud Strike Forces change the future of medicine

On behalf of Rivas Goldstein, LLP posted in Physicians and Group Practices on Friday, January 24, 2020.

The United States Departments of Justice (DOJ) and Health and Human Services (HHS) may have begun operations for their Medicare Fraud Strike Force (MFSF) in Florida, but the scope of operations has broadened in recent years. As of 2018, the agencies now have operations open in ten cities throughout the country, including an MFSF up and running in New York.

The agencies began the operations of the MFSF unit under the guise they would seek out the worst of the worst offenders when it came to health care fraud — but has this been true?

Nurse sentenced after accused of infecting patients with Hep C

On behalf of Rivas Goldstein, LLP posted in Nurse Licensing on Friday, January 17, 2020.

The case began in 2014 when local health department began an investigation after a number of Hepatitis C diagnoses. The investigation led to seven patients, all of whom received treatment from a nurse while receiving emergency medical care. During the investigation, officials found the patients had contracted not just the same genotype of Hepatitis-C 2B, but also the same sub-genotype.

Doctors & employment contracts: Two perspectives

On behalf of Rivas Goldstein, LLP posted in Physicians and Group Practices on Wednesday, January 15, 2020.

Physicians, like anyone else in the job market, are generally required to sign a proposed job contract before accepting an offer for employment. This piece will delve into the two sides of the contract. First, it will discuss the provisions the physician should carefully review and second it will touch on the regulations the medical facility must navigate when drafting the agreement.

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