Francis J Serbaroli

May 21, 2018 | New York Law Journal

In his Health Law column, Francis J. Serbaroli of Greenberg Traurig, discusses the moratorium that New York recently imposed on licensed home health care agencies, of which there are more than 1,400 in the state.

By Francis J. Serbaroli

10 minute read

March 26, 2018 | New York Law Journal

In his Health Law column, Francis J. Serbaroli discusses how providers of home care services are licensed and regulated in New York, the types of agencies that offer these services, and how home care services are delivered. He notes that demand for home care services is increasing as an alternative to prolong stays in hospitals or nursing homes.

By Francis J. Serbaroli

9 minute read

January 22, 2018 | New York Law Journal

In his Health Law column, Francis J. Serbaroli discusses the long and unfortunate history of sexual harassment in the health care workplace. Given the recent spate of high-profile career-ending sexual harassment charges, he urges all health care employers to have comprehensive policies and procedures for handling complaints, to educate everyone in the organization about sexual harassment, and to promote a culture of respect for all employees.

By Francis J. Serbaroli

10 minute read

November 27, 2017 | New York Law Journal

In his Health Law column, Francis J. Serbaroli discusses a recent Massachusetts case involving a claim of handicap discrimination by a woman whose employment was terminated for using medical marijuana. Unlike some state court decisions that have relied on the federal law criminalizing the possession or use of marijuana of any kind to dismiss employment discrimination cases, the Massachusetts decision held that an employer must at least make an effort to accommodate an employee's use of medical marijuana that is legal under state law.

By Francis J. Serbaroli

21 minute read

September 26, 2017 | New York Law Journal

In his Health Law column, Francis J. Serbaroli discusses an important new report by a federal cybersecurity task force on the dangers of cyberattacks in the health care industry. He summarizes the report's comprehensive recommendations, and warns that health care organizations that ignore or underestimate the dangers of cyberattacks face considerable financial and legal liabilities.

By Francis J. Serbaroli

9 minute read

July 25, 2017 | New York Law Journal

In his Health Law column, Francis J. Serbaroli of Greenberg Traurig reviews the various types of supportive housing and assisted living facilities licensed and regulated in New York state. He notes that these types of facilities enable more and more senior citizens to “age in place” in their own homes with appropriate medical and social support, rather than spending their remaining years in nursing homes.

By Francis J. Serbaroli

8 minute read

May 22, 2017 | New York Law Journal

In his Health Law column, Francis J. Serbaroli analyzes a recent Appellate Division decision that should send a warning to providers of physician practice management services. The court affirmed lower court determinations that exercising too much control over a medical practice can result in a finding that the medical practice is fraudulently incorporated, and thereby void the practice's bills for medical services.

By Francis J. Serbaroli

22 minute read

March 27, 2017 | New York Law Journal

In his Health Law column, Francis J. Serbaroli of Greenberg Traurig LLP discusses a recent report by the U.S. Department of Health and Human Services acknowledging that the broad wording of some of the federal fraud and abuse laws is actually hindering legitimate reforms to the Medicare and Medicaid programs that the federal government is trying to encourage. He notes that there may be some movement towards refining the broad wording of these laws in order to remove obstacles to these reforms.

By Francis J. Serbaroli

19 minute read

January 23, 2017 | New York Law Journal

In his Health Law column, Francis J. Serbaroli of Greenberg Traurig summarizes recently enacted revisions to the Nonprofit Revitalization Act of 2013. He notes that most not-for-profit organizations not only will have to revise their corporate documents, policies and procedures to comply with this new law's requirements, but also will have to educate their governing boards, management and employees.

By Francis J. Serbaroli

18 minute read

November 21, 2016 | New York Law Journal

In his Health Law column, Francis J. Serbaroli discusses the Interstate Medical Licensure Compact, which has been enacted into law by 18 states and is intended to facilitate the licensure process for physicians who wish to practice in multiple states. He notes that, while the Compact has the support of many prominent medical organizations, there is some opposition to the Compact's requirement that a physician have specialty board certification, and its supersession of state medical licensing laws.

By Francis J. Serbaroli

16 minute read