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Trifecta of Cases Point Toward Constitutional Deficiencies of Justice Center Prosecutions – Could Lead to Review of All Prior Prosecutions

A trio of decisions out of Albany County point to an elemental Constitutional deficiency in the legal structure of the Justice Center that could unravel its prosecutions. The most recent…

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The Clock is Ticking On ESOP Pre-Approved Plan Submissions

In an attempt to promote its stated objective of increasing the availability of pre-approved plans to small and mid-size employers, the Internal Revenue Service (“IRS”), in Revenue Procedure 2015-36, expanded…

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State Releases Draft Application for I/DD Health Homes

On June 30, 2017, the NYS Department of Health (DOH) and Office for People with Developmental Disabilities (OPWDD) (the “State”) released its draft Application for Health Homes who will serve…

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Uncloaking Pharmacy Benefit Managers to Promote Market Competition

Pharmacy benefit managers (PBMs) are the intermediary between payers and everyone else in the healthcare industry.  After years of gaining and consolidating power, their actions have captured the ire of…

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New Proposed Rules Allow Nursing Homes To Use Pre-Dispute Arbitration Agreements

On June 6, 2017, the Centers For Medicare and Medicaid Services (CMS) proposed a new rule allowing Nursing Homes to use pre-dispute arbitration agreements, including as a condition for admission….

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Ransomware: What Is It and How Is It Treated Under HIPAA? [Part 1 of 2]

Sophisticated ransomware has emerged as a major global security threat.  On May 12, 2017, there were over 75,000 ransomware attacks on 99 countries that impacted businesses, including several hospitals in…

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Decision Limits Justice Center Authority

In a case challenging the constitutionality of the legislation establishing the Justice Center, an Albany County Supreme Court Justice has issued a decision dismissing an indictment and ruling that the…

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CBP Statistics Show Steady Increase of Electronic Device Searches

On April 11, 2017, U.S. Customs and Border Protection (CBP) released statistics related to searches of electronic devices during the process of admitting individuals to the United States.  While less…

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Immigration Attorney Jill Apa Appears on CBC’s On The Money

Barclay Damon Immigration Attorney Jill Apa was a featured guest on the CBC’s On The Money program discussing how “extreme vetting” could affect Canadians visiting the U.S.

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Erie County Takes Action Against Nursing Homes

Erie County is adding to the myriad of laws already imposed on nursing homes by the State and Federal government.  On March 24th, Erie County Executive Mark C. Poloncarz announced…

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