Apr 23 2019
The presentation will explore what to reinforce with staff about documentation, examples of where documentation hurt the defense and how testimony can impact the defense in setting of minimal documentation.
Mar 28 2019
On Thursday, March 28, the MassDLA Medical Malpractice Committee will present a "Workshop After Work!" Partner Tony Abeln will serve as a panelist. The program, "Connecting the Dots Between Trial Prep and Trial Practice in a Med Mal Case," will provide legal perspectives from the Med Mal Defense Bar.
Apr 7 2016
Tennessee will become the first state to require companies to notify consumers of data breaches in which their personal information was breached, even if that information was encrypted. On March 24, 2016 Tennessee's Governor Bill Haslam signed SB2005/HB1631, amending Tennessee's Identity Theft Deterrence Act the "ACT") (Tenn. Code § 47-18-2107) to eliminate its safe-harbor for encrypted information.
Apr 4 2016
On March 31, 2016, in the matter of Government Employees Ins Co v Avanguard Medical Group PLLC (--- N.E.3d ----, 2016 WL 1247701 (N.Y.), 2016 N.Y. Slip Op. 02473), the Court of Appeals held that, unlike hospitals and ambulatory surgery centers that are regulated under Article 28 and licensed by New York State through the Department of Health, office based surgery centers, which are not licensed by the State, are not entitled to reimbursement of facility fees. Unlike the former, there is no specific fee schedule (adopted by the Superintendent under the No-fault law) that provides for the reimbursement of facility fees to office based surgery centers and, therefore, they are not entitled to reimbursement. This is a significant ruling in that owners of office based surgery centers are often also the service providers, significantly increasing their fees at the expense of reducing the amount of coverage otherwise available to claimants under their No-fault policies. In that regard, the decision further promotes the cost containment objectives of the No-fault law.
Apr 1 2016
On March 29, 2016, in the matter of Liberty Mutual Fire Insurance Company, et al. v Isaac Shapson, et al. (13-cv-05046-ENV-PK), Judge Eric N. Vitaliano of the United States District Court for the Eastern District of New York rejected medical professional corporations' attempt to invoke the doctrine of Primary Jurisdiction to stay Liberty Mutual's fraud-based affirmative recovery action pending an investigation by the New York State Department of Financial Services ("DFS"). Defendants argued that under section 5109 of the Insurance Law, which authorizes the DFS to investigate and de-authorize health providers from submitting claims through the No-fault system, Liberty Mutual's action should be stayed pending an investigation and determination by DFS as to whether the professional corporations at issue were fraudulently incorporated. In general, the doctrine of primary jurisdiction applies in instances where, although a claim may be brought in court, an administrative agency is imbued with special competence to determine an issue that is the subject of the court claim and, therefore, should decide that issue before proceeding in court.
Oct 19 2015
Six months after adopting its Principles for Effective Cybersecurity Insurance Regulatory Guidance in order to guide insurers, producers, and other regulated entities to join forces in identifying risks and adopting practical solutions to protect information entrusted to them, the National Association of Insurance Commissioners' (NAIC) Cybersecurity Task Force has adopted a Cybersecurity Bill of Rights aimed at assisting consumers when their sensitive information is breached. The Cybersecurity Bill of Rights will be made available for state insurance departments to publish for local consumers (although the rights may vary depending on individual state laws or federal law), and is designed to describe to consumers what they can expect from insurance companies, agents, and other businesses when they collect, maintain, and use personal information
Oct 1 2015
NetDiligence's Fifth Annual Cyber Claims Study, released yesterday, has found that Small Businesses still make up the majority of claims made pursuant to cyber-insurance policies.
May 15 2009
The Office of General Counsel issued the following opinion on November 30, 2009, representing the position of the New York Insurance Department. Re: Limitations on No-Fault Attorney Fees
May 15 2009
The Office of General Counsel issued the following opinion on May 15, 2009, representing the position of the New York Insurance Department. Re: Limit on Charges by Providers of Health Services Under the No-Fault Law
May 14 2009
The Office of General Counsel issued the following opinion on May 14, 2009, representing the position of the New York Insurance Department. Re: No-Fault Lost Wage Claim
Apr 6 2009
Applicability of Workers' Compensation Board Directive to Durable Medical Equipment Fee Schedule in No-Fault Claims
The Office of General Counsel issued the following opinion on April 6, 2009, representing the position of the New York State Insurance Department. Re: Applicability of Workers' Compensation Board Directive to Durable Medical Equipment Fee Schedule in No-Fault Claims
Feb 20 2009
The Office of General Counsel issued the following opinion on February 20, 2009, representing the position of the New York Insurance Department. Re: Frequency Rules for No-Fault Durable Medical Equipment Fee Schedule