discussing New York Attorney General Targeting Home Care Agencies

Tuesday, August 21, 2007

New York Attorney General Targeting Home Care Agencies

New York Attorney General Andrew Cuomo has issued subpoenas to more than 50 home care agencies as part of his investigation into fraud and abuse in the health care industry.

This news has been splashed on the pages of the major newspapers in New York City and Long Island today, from the New York Post to the New York Times.

The agencies targeted in this investigation will now have to deal with the considerable headache of producing documents to the Attorney General and figuring out as best they can, with the advice of their counsel, if they face any potential legal liability.

But the news also serves as a warning to other healthcare providers. If you bill Medicaid, Medicare and/or are subject to regulation by the New York State Department of Health or other regulatory agency, government authorities, including the New York Attorney General, are increasing scrutinizing your operations to make sure you are complying with the myriad of state and federal statutes and regulations that apply to you.

If you have any questions on whether your entity is in compliance with the pertinent statutes and regulations, please feel free to contact us.

Labels: , , , ,


Permanent link: New York Attorney General Targeting Home Care Agencies

Search for New York Attorney General Targeting Home Care Agencies on Technorati

discussing Non-Compete Clauses (Restrictive Covenants) in Physician Employment Agreements

Thursday, August 2, 2007

Non-Compete Clauses (Restrictive Covenants) in Physician Employment Agreements

Arguably, one of the most important clauses in any physician employment agreement is the non-compete clause, which is also known as a "restrictive covenant." These clauses can have significant ramifications for the doctor long after the employment has ended. Non-compete clauses bar the doctor from practising his profession within the region of his old employer for a certain period of time.

Before signing an employment contract, physicians should closely scrutinize the employment agreement, including the non-compete clause. Some physicians assume that most restrictive covenants are not enforceable. Others figure the physician employment agreement is never negotiable. Unfortunately, both conclusions are incorrect. Non-compete clauses are often--though, not always--enforced by the courts. And, doctors who simply sign an employment agreement without obtaining the advice of a healthcare lawyer do so at their own peril.

Labels: , , , , , ,


Permanent link: Non-Compete Clauses (Restrictive Covenants) in Physician Employment Agreements

Search for Non-Compete Clauses (Restrictive Covenants) in Physician Employment Agreements on Technorati

discussing Finding a Lawyer in Great Neck or New York City

Monday, July 30, 2007

Finding a Lawyer in Great Neck or New York City

If you are looking to contact a lawyer in Great Neck or New York City, please feel free to contact the Raymond Iryami Law Firm in any number of ways. In addition to the addresses, phone and fax numbers below, please feel free to contact the Raymond Iryami Law Firm by email at info@raymondiryami.com or by Instant Message, screenname: raymondiryami (AOL/AIM/Gmail). Whatever way you choose, we look forward to serving you.

Raymond Iryami Law Firm P.C.
305 Madison Avenue, 46th Floor
New York, NY 10165
Telephone: 212-599-1081
Fax: 212-697-0877

or


Raymond Iryami Law Firm P.C.
1010 Northern Boulevard, Suite 208
Great Neck, New York 11021
Telephone: 516-336-2586
Fax: 516-706-1540

Labels: , , , , , ,


Permanent link: Finding a Lawyer in Great Neck or New York City

Search for Finding a Lawyer in Great Neck or New York City on Technorati

discussing New Government Position for Raymond Iryami

Sunday, July 29, 2007

New Government Position for Raymond Iryami

Earlier this month, Raymond Iryami was appointed by Nassau County Executive Thomas Suozzi and (approved by) the Nassau County Legislature to serve on the Advisory Council to the Department of Senior Citizens Affairs. The Council assists the Department in coordinating County programs relating to senior citizens. The Council's duties include reviewing and evaluating the effectiveness of existing services rendered by public and private agencies to senior citizens.

The appointment is the third government position to which Mr. Iryami has been named. He also serves on the Village of Great Neck Planning Board and previously served on the Nassau County Commission on Human Rights.

About Raymond Iryami
The founder of the Raymond Iryami Law Firm P.C., Mr. Iryami has represented individuals, commercial companies and healthcare facilities and professionals in corporate, commercial litigation, and regulatory matters. His corporate/business law experience includes drafting and negotiating asset purchase agreements, stock purchase agreements, operating agreements, licensing agreements, and employment agreements. He has represented clients in state and federal courts on various commercial, corporate, and regulatory matters (including Article 78 proceedings). In addition, Mr. Iryami has advised healthcare providers as they seek to structure their practices in a way that complies with the myriad of state and federal regulations (such as Stark and the Anti-Kickback laws) that apply to them, and navigate the bureaucratic framework of state and federal agencies such as Medicare, Medicaid, New York State Department of Health, Office of Professional Medical Conduct, the New York State Office of Alcoholism and Substance Abuse Services and the New York State Board of Pharmacy.


Mr. Iryami's legal writings and proposals have been cited by legal scholars and various media outlets, including ABC News and CNN.com. His writings on legal matters have appeared in treatises on contract law and intellectual property law. Professionally, he is a member of the New York State Bar Association (Health Law Section) and the Great Neck Lawyers Association and serves a pro bono attorney for the Sephardic American Medical Society. He is a graduate of SUNY Stony Brook and the Fordham University School of Law, where he was a guest lecturer on contract law, and became the first student-assistant to edit the "Law of Contracts" by John D. Calamari and Joseph M. Perillo (West's Hornbook Series, 4th Ed. 1998).

Mr. Iryami has an extensive record of community service. In addition to his government positions, he currently serves on he Board of Directors of Golden First Bank, the Iranian American Jewish Federation, the Nassau County Democratic Committee, and COPAY of Great Neck, a non-profit drug and alcohol counseling organization. He is also the co-founder of the Persian Culture Committee, the Iranian-American Democrats of New York. He has previously served as a board member of the United Community Fund of Great Neck.

Prior to entering the legal profession, Mr. Iryami served as an assistant editor of the Great Neck Record, a Long Island weekly newspaper, where he received numerous community service awards, including a New York State Assembly Citation to "gifted journalist" for achievements in promoting better understanding involving Great Neck and its Iranian-Americans. A regular lecturer on the history and culture of the Iranian-Jewish community, Mr. Iryami has been frequently quoted in regional and national publications on matters relating to one of the most oldest Jewish communities in the world.

Labels: , , , , , , , , , ,


Permanent link: New Government Position for Raymond Iryami

Search for New Government Position for Raymond Iryami on Technorati

discussing Certificate of Need Applications (CON)

Certificate of Need Applications (CON)

As described by the New York State Department of Health, Certificate of Need (CON) is the process that governs the establishment and construction of health care facilities in New York State.

Certificate of Need Applications (CONs) are required for all health care facilities, such as nursing homes and diagnostic and treatment centers (DNTs) that propose construction, acquisition of major medical equipment, changes in ownership and the addition of services.

A successful CON must typically demonstrate at least four elements:

1. Need: the need for the facility in the location proposed by the applicant.
2. Character: the fitness of the applicant to operate the proposed healthcare facility.
3. Competence: the competence of the applicant to operate the healthcare facility.
4. Feasibility. the financial feasibility of the proposed healthcare facility to generate revenues projected by the applicant.

The CON Application process involves compliance with various statutes set forth in the New York Public Health Law, and regulations promulgated by the New York State Department of Health. These statutes and regulations also describe the role of the Public Health Council and the State Hospital Review and Planning Council (SHRPC) with respect to certain applications submitted to the New York State Department of Health.

If you have any questions about the Certificate of Need Application (CON), please feel free to contact the Raymond Iryami Law Firm at 212-599-1081.

Labels: , , , , , , , ,


Permanent link: Certificate of Need Applications (CON)

Search for Certificate of Need Applications (CON) on Technorati

discussing Federal Government Proposes New Tougher Stark Law Regulations (Stark Law)

Federal Government Proposes New Tougher Stark Law Regulations (Stark Law)

The Centers for Medicare & Medicaid Services (CMS) has just proposed new tougher regulations under the Stark Law (Self-Referral Law). The new regulations modify a number of physician self-referral provisions with the intent "to close loopholes that have made the Medicare program vulnerable to abuse."

The proposed regulations bear close scrutiny by physicians, as the proposed regulations may make it harder for physicians to comply with the federal Stark Law (Self-Referral Law). If you have any questions regarding the Stark Law, the new proposed regulations, or would like to receive a copy of the proposed regulations, please feel free to contact the Raymond Iryami Law Firm.

The proposed regulations are expected to be finalized in the fall, after public comments have been received. The deadline for submitting comments is August 31, 2007. Once finalized, the new regulations would take effect January 1, 2008.

Labels: , , , , ,


Permanent link: Federal Government Proposes New Tougher Stark Law Regulations (Stark Law)

Search for Federal Government Proposes New Tougher Stark Law Regulations (Stark Law) on Technorati

discussing Understanding Health Law (or Healthcare Law)

Friday, July 27, 2007

Understanding Health Law (or Healthcare Law)

I am often asked to explain what Health Law--also known as Healthcare Law--means. Health Law can encompass a wide variety of matters, but as it relates to our practice, Health Law involves representing healthcare providers in their business transactions, commercial litigation, or regulatory matters.

Still confused? Think of it this way. Healthcare providers--whether a doctor or a hospital--have all the typical legal needs of any business. They have to have a lease with their landlord or an employment agreement with their staff. But healthcare providers are subject to certain federal and state laws and regulations that apply only to healthcare providers. Even a sublease agreement between two doctors, if not done right, can result in a criminal violation.

With our knowledge of healthcare law, we can help healthcare providers comply with the myriad of regulations that apply to them.

Labels: , , , , ,


Permanent link: Understanding Health Law (or Healthcare Law)

Search for Understanding Health Law (or Healthcare Law) on Technorati