Catgeories: FirmNews, Health Care, Health Law,

Physicians who treat geriatric patients are aware of the new direction Medicare patient treatment models are headed.  To provide care and services to these patients increasingly require direct contracts with a Medicare Advantage carrier or a contract with a Management Services Organization.  Physicians practicing under those plans receive a flat rate per month per patient, which may be based on a capitation payment. Under most of those plans  proper coding can also generate a bonus (risk-adjusted surplus payments), which are paid out by the insurance carrier once the Medicare Risk Adjustment (MRA) scores are audited.  Because the capitation model under...
Catgeories: Cannabis Law, Health Care, Health Law,

Every individual and business in the health care industry must understand their obligations under the Health Insurance Portability and Accountability Act of 1996 ("HIPM"), the Heath Information Technology for Economic and Clinical Health Act of 2009 ("HITECH"), and their implementing regulations. Surprisingly, many physicians do not seem co realize the changes HITECH made to H!PM include holding a Business Associate ("BA") to most of the requirements that are imposed on a Covered Entity ("CE"); that is, a health plan, healthcare clearing house, or healthcare provider, such as a physician. ASC, medical spa. or clinical laboratory. Consequently, this has become an...
Catgeories: Cannabis Law,

Most Floridians know that medical marijuana is legal in Florida. What most Floridians do not know is that a restrictive system called the vertical integration model, which some people call the cartel model, severely restricts competition, increasing prices, causing scarcity, and limiting product options. https://mjbizmagazine.com/vertical-integration/ The system is very complex to explain but can be simplified as the State of Florida issues a very limited number of licenses to companies that must do everything from growing the marijuana to selling it at their own dispensary. Meaning, when you go to CVS you can buy Dayquil, but CVS does not have...
Catgeories: Employment Law,

Most restaurants rely on “the way it has always been done,” or the way their POS system is set up, to run a tip pool. Both methods are likely to get you sued, sooner or later, because “the way things have always been done,” or the way your POS system was set up, is not, necessarily, legal. As I have told countless clients, your payroll company, or POS company, setting up your system incorrectly, is not a defense to an illegal tip pool. The fact that other restaurants do the same tip pool you do, is irrelevant, most restaurants get...
Catgeories: Employment Law,

An Independent Contractor is defined differently under labor laws and the IRS code. If an employee derives a significant amount of income from one or two sources, they are not an independent contractor, under Federal Labor Laws. This is important to get right, because employees must be treated differently than independent contractors, and misclassifying someone as an independent contractor opens you up to liability for labor violations, and tax violations. There is a great chart on the differences between the employment conditions of an independent contractor and an employee at https://employment.findlaw.com/hiring-process/being-an-independent-contractor-vs-employee.html. A house painter who paints your house and ten...
Catgeories: Employment Law,

One of the biggest reasons that employers get sued for wage violations, is they think that they do not need to pay their salaried employees overtime. Salarieed employees get overtime, unless they meet one of the exemptions (exceptions) from overtime requirements under the Fair Labor Standards Act (FLSA). Basically, if an employee is entitled to overtime pay as an hourly worker, they are, usually, entitled to overtime pay as a salaried worker.https://www.dol.gov/whd/regs/compliance/whdfs23.pdf An employer can save money on overtime by paying a salary, under certain circumstances, but setting up such a system is best done by an experienced employment lawyer,...
Catgeories: Employment Law,

                Can you be denied a job based on your weight? Do you have to provide accommodations for overweight employees? The answer to the question of can I be denied a job because of my weight, just like the question of do I have to accommodate an overweight employee, depends on what jurisdiction you are in. In Maine, New Hampshire, Massachusetts, and Rhode Island, the answer is that obesity is covered under the ADA. An employer in those states must accommodate an overweight employee under the ADA. However, in Vermont, New York, New...
Catgeories: Employment Law,

Can a Church fire me for having a disability, do churches need to follow the Civil Rights Act or Title VII of that act, does a church have to follow the ADA, does a church have to pay minimum wage and overtime (The Fair Labor Standards Act, FLSA), or can a church discriminate based on sex, are just a few of the interesting questions I get as a labor lawyer. Whether a religious institution must comply with Federal Labor Laws is a complex question, which I will try to bring some clarity to. There is no simple yes, or no,...
Catgeories: FirmNews,

A Florida appellate court has overruled an order issued by the former Miami-Dade judge now serving as South Florida’s top prosecutor. The Third District Court of Appeal ruled on Wednesday that U.S. Attorney for the Southern District of Florida Ariana Fajardo Orshan erred in issuing a contempt order against Robert Orban during her time as a Miami-Dade Circuit judge. Orban, the respondent in dissolution of marriage proceedings with his ex-wife Susan Rorrer, submitted an appeal after Fajardo held him in contempt for failing to make timely payments on outstanding attorney fees. The appellate panel reversed and remanded Fajardo’s order, finding...
Catgeories: Cannabis Law, Uncategorized,

If a recent decision of the Florida First District Court of Appeal (Florida Department of Health, Office of Medical Marijuana Use, et al. v. Florigrown, LLC, et al., No. 1D18-4471) is upheld, there likely will be significant restructuring of the medical marijuana industry in the State. The cause of this uncertainty lies in the Florida Legislature’s choice of one conjunction, “and” instead of “or”. Florigrown reviewed Florida’s scheme for regulating the medical marijuana industry through the development of a limited number of licensed “medical marijuana treatment centers” (“MMTC”). In 2016, Florida voters approved an amendment to the Florida Constitution legalizing...