December 19, 2016
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Using New York State Consumer Protections to Get Insurers to Pay Bills

The election has created change and uncertainty around national health care laws, making now a good time for New Yorkers to understand state-based laws that protect us as health care consumers. New York State law contains consumer protections that can help individuals have care paid for by their insurer, avoiding large unreimbursed bills incurred by providers. Demystifying these legal rights can save insureds — and their advocates — time, money, and frustration, allowing them to focus on their health, instead of the cost of health care.

New Yorkers who get their private health insurance from a plan that is covered by New York law, whether that plan comes from an employer or the Marketplace, have four crucial consumer protections:

  • Transitional care laws allow individuals to continue receiving insurance coverage for seeing their doctor, even if that doctor is no longer covered by their insurance;
  • Appealing denials of care and payment from insurance companies;
  • Network adequacy protections requiring insurers to have enough providers of different types for their enrollees to access;
  • Surprise Bill law protecting consumers from paying certain out-of-network bills.

Our associate, Alex Berke’s recently published article in the New York State Bar Association Health Law Journal, “Using Health Insurance Consumer Protections To Increase Reimbursements For Providers and Decrease Out-of-Pocket Costs For Consumers,” examines these laws in depth, including how using them wisely can get a bill paid.

Changes are undoubtedly coming for the health insurance market, but not all relevant laws are Federal, and as New Yorkers, we should use the consumer protections we have to get the best value for our health insurance dollars.

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The Week in FFCRA Cases Includes Multiple Worker Complaints in the Food Supply Sector

July 17, 2020
Disability Discrimination
The three cases highlighted in this weeks’ FFCRA complaint roundup include two filed by plaintiffs working in restaurants and another from a plaintiff employed in food distribution. Because the entire food supply chain has been deemed essential, workers in the industry have little ability to leave work to care for sick family members or children since the childcare industry cratered.

The Berke-Weiss Law Weekly Roundup: School Reopenings and Employer Liability among Hot-button Issues

July 17, 2020
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This week includes updates on the latest roadblocks at another round of stimulus, which remains necessary as more than 30 million Americans remain out of work, officially, and countless more are shut out of the social welfare programs offered in the US. We also highlight school re-openings and general Covid risk analysis.

New Study Finds Sexual Harassment Pervasive in the Legal Professions

July 15, 2020
Sexual Harassment
Taking a break from the wall-to-wall imperative that is coronavirus, we wanted to highlight a new study about workplace cultures in the legal practice. Conducted by the Women Lawyers on Guard, the study Still Broken: Sexual Harassment and Misconduct in the Legal Profession shows that sexual harassment plagues women at all levels of the legal profession, from early-career lawyers to judges, and everyone in between.

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