Publications — Page 14 of 47 — Lindabury, McCormick, Estabrook & Cooper, P.C. Firm News & Events

Final “Transparency Rule” Issued for Group Health Plans and Insurers

Published on: November 30, 2020 | by James K. Estabrook and Elizabeth Engert Manzo

On October 29, 2020, the Department of Health and Human Services (“HHS”), the Department of Labor (“DOL”), and Department of Treasury (“DOT”) collaborated to issue a final “transparency rule” aimed at providing greater information to consumers, thereby allowing them to explore different healthcare options and avoid surprise billing for services rendered. Additionally, the rule requires the public disclosure of negotiated rates for in-network providers and amounts allowed for out-of-network providers.

Disclosure of Provider Rates

Under the rule, non-grandfathered health plans and insurers must publish their negotiated rates and allowable out-of-network charges on a public website, which is to be updated monthly through three machine-readable files. The website must be publicly available, accessible without charge, and cannot require a user account, password, or other credentials, or submission of personally identifiable information to access the files. Specifically, the files will reflect negotiated rates for in-network services, historical payments to and billed charges from out-of-network providers, and in-network negotiated rates. The files must also show historical net prices for covered prescription drugs at the pharmacy level.

Lindabury’s Honorable Judge Katherine Dupuis (Ret.) Named as 2020 Professional Lawyer of the Year

Published on: November 18, 2020 | by Lindabury, McCormick, Estabrook & Cooper, P.C.

We are pleased to announce the Honorable Judge Katherine Dupuis (Ret.) of Lindabury’s Alternative Dispute Resolution practice group has been named been as the 2020 Professional Lawyer of the Year by the Union County Bar Association. This award is presented to lawyers who are honored by colleagues for their exemplary conduct, competence, diligence, and demeanor.

Judge Dupuis (Ret.) concentrates her practice on mediation and arbitration in the areas of commercial disputes, probate mediation, and divorce mediation. To contact Judge Dupuis (Ret.) or to learn more about the services she offers, please click here.

3 Simple Steps Addressing Cybersecurity for Commercial Real Estate

Published on: November 3, 2020 | by Eric B. Levine

As technology associated with commercial real estate has evolved, landlords are confronted with conundrum: How to use new technologies to modernize buildings and increase profitability by attracting high quality tenants through maximizing tenant experience, while addressing the cybersecurity threats that accompany these new technologies?

The exact problem will differ based on the type of commercial property being offered by a landlord, but the overriding concern remains the same, namely, how to secure the property from cyber-security breaches. For instance, whether a landlord owns: (i) a climate controlled industrial property used for housing cloud servers, storing food or pharmaceuticals, (ii) a multi-tenant retail property with an open WIFI network and cloud-based security system, or (iii) a mixed use development with state of the art building systems, should the integrated building systems of these properties be accessed and manipulated by a hacker, it could wreak havoc on the tenants, who will seek relief from the landlord. What can a commercial landlord do today to prevent this disaster from occurring and protect its assets and reputation?

Step 1: Technology Audit

New Jersey Mandates Workplace Health and Safety Standards During COVID-19 Pandemic

Published on: October 30, 2020 | by Lindabury, McCormick, Estabrook & Cooper, P.C.

On October 28, 2020, Governor Murphy signed Executive Order No. 192[1] providing mandatory health and safety protocols aimed at protecting New Jersey employees during the COVID-19 pandemic. The executive order, which takes effect immediately, mandates that as of 6:00 a.m. on Thursday, November 5, 2020, all employers shall be required to adhere to the protocols set forth below. Any employer found to have violated the order may be subject to closure.

Social Distancing

Employees must maintain at least six feet of distance from one another wherever possible, including but not limited to during worksite meetings, orientations and similar activities that would traditionally require individuals to be present in a single room and in close proximity, in common areas such as restrooms and breakrooms, and when individuals are entering and exiting the workplace. Where the nature of an employee’s work or the work area does not allow for six feet of distance to be maintained, employers must require their employees to wear a mask and install physical barriers between workstations wherever possible.

The Hiring Process: Best Practices and Common Pitfalls

Published on: October 29, 2020 | by Lindabury, McCormick, Estabrook & Cooper, P.C.

Employee Recruitment

Title VII prohibits employment discrimination based on race, color, religion, sex and national origin. Employers must be mindful of recruiting and hiring with Equal Employment Opportunity principles in mind and must implement practices that ensure recruitment and hiring decisions are not based on an employee’s protected status. Applications should be screened consistently – the same standards should be applied to everyone applying for the same position. Employers should also be mindful of the possible need to accommodate applicants who need assistance because of their medical condition or religious beliefs. For example, you may need to help a person with carpal tunnel syndrome fill out an application, or you may need to reschedule an interview originally scheduled for a religious holiday if the applicant’s religious beliefs prevent her from working on that day.

The Fair Credit Reporting Act and Background Checks

Attorney Stephen A. Timoni Offers Tips and Best Practices for Telehealth

Published on: October 21, 2020 | by Lindabury, McCormick, Estabrook & Cooper, P.C.

Lindabury attorney Stephen A. Timoni of the firm’s Health Care industry team was recently interviewed by Relias Media and offered tips and best practices for providers offering telehealth services.

Some of the topics covered in the article include:

privacy concerns due to the nontraditional electronic transmission of sensitive information among providers and patients

How Mediation Can Resolve Common Disputes That Arise During Will Probate

Published on: October 15, 2020 | by Honorable Katherine Dupuis, (Ret.)

Probate disputes often reflect the worst aspects of family law coupled with issues of undue influence.

At the time of a will probate dispute the court system is seeing the litigants at a trying period in their lives. They have lost a loved one and tensions are running high as to the actual intent of the deceased person. While the parties may be furious with one another, there is always the hope that some degree of familial ties can be preserved. Mediation is uniquely suited to resolve these tensions. The litigants can tell their sides of the story to the mediator, who has the time to listen. In my experience, it is very important for all litigants to feel as if their side of the dispute has been properly told. It is after this emotionally draining experience that they are ready to find common ground and solutions to the problems presented.

Challenges frequently arise when all heirs are not treated equally. One child may feel they had the burden of caring for the aging parent and should be compensated. A variation of this story arises when the elderly parent has given a power of attorney to only one family member. After death disputes arise as to assets that may have been spent by the child with the power of attorney. Rarely have receipts been saved, and frequently large amounts of cash have been paid to home health aide. Expensive litigation and a trial will only serve to reduce the assets. A mediator can help the parties narrow their actual disputes and discuss the cost of proving the righteousness of a position. The insight of a neutral third party is invaluable.

Disputes Between Business Partners Can Be Resolved Without Going To Court

Published on: October 13, 2020 | by Honorable Katherine Dupuis, (Ret.)

ALTERNATE Dispute Resolution of Business Claims

Business conflicts arise in a myriad of different situations, such as: minority shareholder claims, dissolution, allegations of self dealing, breach of fiduciary duty, and violations of restrictive covenants. Additionally, minority partners may allege they have been shutout of the business, or a stockholder may seek greater access to internal investigations. Individuals may also seek to have their interests bought out. Even where there is a governing document dealing with dissolution, there is frequently a dispute as to how it applies in a given situation. Any of these claims expose the business entity to damages and the high cost of litigation. Beyond that, there is the concern that corporate secrets or methods of doing business will be exposed to competitors. There may be concern that questionable tax practices may come to the attention of the court. Even if there is a confidentially order in effect, it is likely that the competitor will learn of the dispute and take advantage of the turmoil within the company. Similarly, an individual suing a business entity risks being labeled a trouble maker and having their business reputation compromised.

Mediation presents a more efficient, less expensive, and confidential method to resolve these disputes. The parties can agree on the ground rules for the mediation. Mediation can be undertaken immediately with the mediator permitting some discovery, or it can be started after the parties have already commenced litigation. The mediator can work with accountants, as necessary. Mediation is a viable solution when dealing with a problem of a small business and also when dealing with more complex issue such as interlocking corporations and closely held family businesses.

Reopening the Workplace Under COVID-19

Published on: October 1, 2020 | by Lindabury, McCormick, Estabrook & Cooper, P.C.

As businesses reopen under COVID-19, it is imperative employers develop a plan that takes into account physical and behavioral modifications to the workplace, employee health screening protocols, workers’ compensation claims, employee accommodations and other considerations. There is no “one-size-fits-all” approach and employers must tailor their plans to evolving federal, state and local requirements as well as the nature of their specific business.

Physical and Behavioral Modifications

The Occupational Safety and Health Administration (“OSHA”) mandates employers to provide workplaces “free from recognized hazards that are causing or likely to cause death or serious harm,” including occupational exposure to COVID-19. Therefore, when reopening employers must implement changes to the physical layout and behavioral/hygiene protocols aimed at preventing the spread of the virus.

Uses of Disclaimers in Post-Mortem Planning

Published on: September 29, 2020 | by Lauren M. Mulcahy

The idea of giving up an inheritance might sound foolish, but in certain circumstances it can be a beneficial estate planning tool. While we as estate planning attorneys try to prepare for every possible outcome at the time of a death, there is no way to predict the timing of a death, the laws at that time, nor the assets a decedent will actually hold at death. Especially in today’s environment where COVID-19 has shocked our economy, the tax laws could change at any time.

A disclaimer or a renunciation is a refusal to accept an interest in property. No one can be forced to receive a gift or bequest; everyone has the right to either accept or refuse what is given. In certain situations, disclaiming may be more beneficial than actually receiving the gift. If the beneficiary of a decedent’s estate disclaims an asset passing to the beneficiary (the “disclaimant”) as a result of decedent’s death, the asset passes to the next-in-line beneficiary as if the disclaimant had predeceased the decedent.

Under federal law, a “qualified disclaimer” is an irrevocable and unqualified refusal by a person to accept an interest in property so long as the following requirements are met: