Westchester County Supreme Court finds that employer medical practice is entitled to receive MLMIC demutualization funds

July 11, 2019

  On July 5, 2019, the Supreme Court of Westchester County issued a trial-court level decision in the case, Maple Medical LLP v. Scott, Index No. 51103/2019, concerning entitlement to MLMIC funds distributed in connection with MLMIC’s purchase last fall by National Indemnity Company, a Berkshire Hathaway subsidiary. This is the first trial-court level decision …

Recent Court Decision Places At Risk No-Fault Reimbursement To Physician Practices With Management Company Arrangements

June 11, 2019

The New York Court of Appeals issued its decision in Andrew Carothers, M.D., P.C. v. Progressive Insurance Company.  In that case, the Court held that no-fault carriers in New York can recoup or withhold payments made to a professional medical corporation (“P.C.”) if the carriers can show that P.C. was improperly controlled by persons who …

New MOLST Forms and Checklists Published by DOH

April 16, 2019

  The New York State Department of Health has made changes to the Medical Orders for Life Sustaining Treatment (MOLST) form and Nonhospital Order Not to Resuscitate, DOH Forms 5003 and 3474, respectively. These changes were made to comply with statutory changes, which granted authority to Nurse Practitioners to sign the MOLST and Nonhospital Order …

New York Appellate Division Holds Employer Medical Practice is Entitled to Receive MLMIC Demutualization Funds

April 12, 2019

  On April 4, 2019, the Appellate Division, First Department issued a decision in Schaffer, Schonholz & Drossman LLP v. Rachel Title, Index No. 160215/2018 concerning an employer’s entitlement to MLMIC funds being held in escrow following MLMIC’s demutualization and purchase last fall by National Indemnity Company, a Berkshire Hathaway subsidiary. The decision was rendered …

Erie County Supreme Court Issues Controversial Decision In Parties’ Dispute Over MLMIC Funds

April 5, 2019

  On March 22, 2019, the Supreme Court of Erie County issued a trial-court level decision in the case, Maple-Gate Anesthesiologists, P.C. v. Nasrin, Index No. 818104/2018, concerning entitlement to MLMIC funds distributed in connection with MLMIC’s purchase last fall by National Indemnity Company, a Berkshire Hathaway subsidiary. This decision is the first decision published …