Percentage-Based Billing Contracts Violate Medicaid Regulations and May Constitute Improper Fee-Splitting

By | New York Health Law | March 22, 2017
The Medicaid Fraud Control Unit (MCFU) of the New York State Office of the Attorney General has recently issued restitution demand letters to providers for allegedly entering into percentage-based contracts with their billing agents. The MCFU letters cite the Medicaid Update March 2001, titled “A Message for Providers Using Service Agents as follows: Billing agents are prohibited from charging Medicaid providers a percentage of the amount claimed or collected. View Full Post
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Not an Account Stated, but Successful Claim, Nevertheless

Kasowitz, Benson, Torres & Friedman LLP v Amira  Nature Foods, Ltd.  2017 NY Slip Op 30488(U) March 13, 2017 Supreme Court, New York County  Docket Number: 158126/2016 Judge: Carol R. Edmead is a fine example of the attorney fee claim-legal malpractice counterclaim paradigm.   View Full Post
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This Classic Case Was Dismissed…Why?”

There can be no more classic case in legal malpractice than that of a passenger who is injured in a car accident, whose attorney fails to start the case.  Nevertheless, Atiencia v Pinczewski2017 NY Slip Op 01839  Decided on March 15, 2017  Appellate Division, Second Department was dismissed in Kings County. View Full Post
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Did This Pro-Se Plaintiff Go Too Far?

Sometimes, people get a tad too worked up over the small things.  Ruffalo v Iannace 2017 NY Slip Op 50296(U)  Decided on March 9, 2017  Supreme Court, Westchester County Marx, J. might be an example. “Plaintiff moves for an order permitting him to proceed as a poor person and for assignment of counsel in this action in which he claims to have been the victim of “Legal Malpractice, Breach of Fiduciary Duty, and Unethical Misconduct.” The claims arise from the alleged negligent representation by defendant, an attorney, of plaintiff in connection with a traffic summons issued to plaintiff for alleged excessively tinted windows, which was heard in the Town of Greenburgh traffic court on March 2, 2016. View Full Post
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Strike Two: Trump’s New Travel Ban Halted by the U.S. District Court in Hawaii

Late Wednesday, just hours before President Trump’s new travel ban was scheduled to take effect, the U.S. District Court for the District of Hawaii granted a temporary restraining order that prevents the implementation of Executive Order 13780.  Recall, President Trump issued Executive Order 13780, entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States” (“EO 13780”), on March 6, 2017.  View Full Post
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