Weiss Zarett Brofman Sonnenklar & Levy, P.C.

Mathew J. Levy Esq., will be speaking at a career fair at Montefiore Medical Center on 12/18/24 at 2:45 PM regarding employment contracts. Contact Mr. Levy if you would like to attend virtually.

Mathew Levy will be speaking at a career fair at Montefiore Medical Center on 12/18/24 at 2:45 PM regarding employment contracts. Contact Mr. Levy at mlevy@weisszarett.com if you would like to attend virtually.

In the evolving landscape of healthcare management, tensions between healthcare organizations and medical professionals have intensified, particularly concerning billing practices and reimbursement rates. Health plans—including Medicare, Medicaid, and commercial insurers—have ramped up their efforts to review and audit physicians’ billing claims, often resulting in “Request for Reimbursement.” By Mathew Levy

In today’s digital age, medical professionals increasingly turn to online platforms to market their services. However, navigating the complex landscape of legal and ethical guidelines is crucial to ensure compliance, especially concerning the use of patient testimonials in advertising. By Mathew Levy

Corp. Transparency Act Blocked Nationwide: BOI Reports No Longer Due by End of the Month In 2021, Congress passed the Corporate Transparency Act, a federal law aimed at combating financial crime. The rules published under this law required that almost all small businesses nationwide report identifying information relating to each party owning a beneficial share in the entity report. Despite challenges, these rules became effective on 1/1/24. New businesses formed in the past year were subject to the requirement to file a BOI report with the Financial Crimes Enforcement Network of the USDOT (FinCEN). Businesses formed prior to 2024 had 1 year to file the report before 1.1.25. Weeks before the deadline, the entire Act has been put on hold, via a nationwide preliminary injunction barring any enforcement of the law pursuant to a ruling by the U.S. District Court in TX. While there have several decisions relating to this law, some which upheld it and some which enjoined its enforcement only with regard to the specific claimants (several are still pending), this is the first decision to issue a decision effective nationwide. The ruling grants a temporary delay for compliance with the 1.1.25 requirement. However, it does not provide a final decision as to the constitutionality of the law and its future. A nationwide injunction, a mechanism used fairly infrequently by federal courts, is available in situations in which the court finds that there is enough basis for it to stop irreparably harmful conduct in furtherance of the public interest, and the situation is one in which plaintiffs will likely succeed on the merits of the challenged law. There have been approximately 100 nationwide injunctions issued in the last 4 years, with the most recently publicized decision to stop the FTC’s ban on non-compete agreements garnering a lot of attention. The Texas Top Cop court decided that compliance with the Corporate Transparency Act could cause irreparable harm to by causing the reveal of confidential info, and that the arguments against the law are likely to succeed because the federal government’s right to regulate the channels and instrumentalities of interstate commerce is not applicable to these new requirements for many companies (since they may not necessarily engage in interstate commerce or even be deemed a channel of commerce). Companies formed prior to 2024 that have not yet filed are released from any obligation  to submit the BOI report before the end of this month, and cannot be penalized for failing to file. There have been 4 federal circuits that have addressed the constitutionality of this law, resulting in a split between courts. Until the federal government appeals, or the injunction is reconsidered, the future of this law and its possible compliance requirements remain unknown. Regarding the approximately 8 million reports that have already been filed, remedy may only become available if the law is ever struck down as illegal. 

Dear Clients, The Corporate Transparency Act is a federal law that mandates that millions of entities begin reporting their beneficial ownership information (BOI) to the Financial Crimes Enforcement Network (FinCEN). For businesses formed before the year 2024, this report must be filed before 1.1.25. The requirement to file a BOI report is binding on many types of domestic and foreign entities doing business in the United States. However, there are some exceptions. Most notably, if your business is either: (i) a large operating entity that employs more than 20 people in the U.S., had a gross revenue or sales of over $5 million on its 2024 tax return, and has a physical office in the U.S; (ii) a publicly traded company; or (iii) is categorized as one of several types of industry institutions specified in the law, such as certain financial and investment companies and certain registered companies in the industries of insurance, accounting, non-profit, and government; then your business may be exempt from this filing requirement. The BOI report will require some of the following information: (i) business information, such as full legal name, trade name or assumed name, business address, state of formation, and IRS Tax Identification Number; and (ii) personal information about beneficial owners, such as name, birthdate, address, and acceptable identification documents. Beneficial owners are, with some exceptions, all individuals who directly or indirectly exercise substantial control over the entity or own or control not less than 25% of the ownership interests of the entity. The penalties for neglecting to file a BOI report may amount to $500 a day, or in some cases, criminal penalties. To comply with this requirement, please visit FinCEN’s website at www.fincen.gov/boi before 1.1.25, and follow the reporting instructions. There is no fee for filing the BOI report. You may also contact Delaney Corporate Services at 800-717-2810 to retain assistive services in connection with your entity’s filing and reporting. Please be advised that after filing an initial BOI report, if your entity undergoes changes that affect the submitted report, a subsequent BOI report must be filed within 30 days of such business changes. Additionally, any new entities formed after 1.1.24, must file the report within 90 days of formation. The information disclosed in a BOI report may lawfully be accessed by government agencies and financial institutions. Separately, the NY Transparency Act, a similar state law, is set to become effective in 2026. This law will require only limited liability companies to file separate BOI report with the NY Department of State, beginning on 1.1.26, and to file an annual updated report every year thereafter. If you would like legal advice on whether your business must file this report, whether a specific individual must be included in this report, or regarding another question, contact Weiss Zarett Brofman Sonnenklar & Levy, P.C.

Mathew Levy and Carissa Danesi will be speaking regarding what to do when an investigator shows up at your home or office 11/6/24 at 4:30 PM. Contact Mr. Levy for more information at mlevy@weisszarett.com.

Today, physicians and medical spas are offering laser hair removal (“LHR”) services.  However, authorizing non-medical professionals to perform aspects of these procedures could cost a physician his or her license and more. By Mathew Levy

Licensed healthcare providers beware!! Telemedicine physician linked to a DME Company has agreed to pay $1,080,000 to resolve allegations that he violated the False Claims Act by ordering medically unnecessary durable medical equipment for patients covered by Medicare and the Federal Employees Health Benefits Program (FEHBP). 

Marketer to DME companies to be convicted of a Felony for soliciting and receiving kickbacks and bribes in exchange for providing durable medical equipment (DME) companies with completed doctors’ orders for medically unnecessary DME, such as orthotic braces.