Abrams Fensterman Ranked #1 Health Care Law Firm on Long Island

The Long Island Business News ranked Abrams Fensterman #1 in its February 25 publication. The Fensterman law firm was voted #1 out of 35 other Long Island firms regarding healthcare law services.

Howard Fensterman, the firm’s Managing Partner, has said: “Since Abrams Fensterman’s formation 11 years ago, we have continuously focused our attention on identifying highly accomplished health care attorneys in the community and encouraging them to join with us in building a leading health care law firm-not just on Long Island, but throughout New York State. The recent survey results published by the Long Island Business News are [a] testament to those tireless efforts. We are tremendously proud and flattered that so many clients in the health care field have come to rely upon our law firm for their legal needs and in doing so, enabled us to grow at such a rapid pace.

Abrams Fensterman was also featured in the annual “Health Resource Guide”  published in the Long Island Business News on March 24, 2011.

Your business’s Facebook Fan Pages May Violate the GDRP

Emblem of the Court of Justice of the European Union

What is the European Court of Justice?

The European Court of Justice (ECJ) is the highest level court in the European Union, equivalent to the United States Supreme Court.  The ECJ is tasked with translating EU law and applying it across all EU member states.

What is the GDPR?

The General Data Protection Regulation (GDPR) is a law that applies to the European Union and was implemented to provide data protection and privacy. It also applies to personal data that is sent outside the EU and EEA areas.

How Does the GDPR  Rule Affect EU Residents?

Member state of the European Union-2020_EU_MAPYou may have noticed that many web pages now display a warning that cookies will be created on the website that you are visiting and you need to acknowledge that you accept this option. It does not have to be visitors just from the EU, but anyone who visits your web page.

This rule, in particular, applies to Facebook business pages, called fan pages, and advises that any information the Facebook user enters can be saved in the cookies for later use by the FB administrator. If further declares that the administrator can be held personally accountable for the “freeflow” of their information to and from and on your page.

What are Cookies?

Cookies are used all over the world wide web, including Facebook and almost every other social network mainly for advertising and promotion purposes “to … enable the fan page administrator to obtain statistics produced … from the visits to the page,  —  so that it can offer them more relevant content and develop functionalities likely to be of more interest to them.”

What is a Corporate Fan Page?

The official definition of a corporate fan page is the following: “user accounts that can be set up on Facebook by individuals or businesses…[T]he author of the fan page … can use the … Facebook [platform] to introduce himself to … persons visiting the fan page.”

Conclusion

With the data protection law in effect, it is prudent that web designers, content managers, administrators, and their respective clients be vigilant about the consequences when personal information is entered on a website that they are administrating.

 

COVID-19 Confirmatory Testing for Skilled Nursing Facilities

A new regulation has been initiated by the New York State Department of Health (“DOH”) effective August 12, 2021.

Section 415.33 of 10 NYCRR Confirmatory Testing is added to the regulations as follows:

(1) Any resident with symptoms of COVID-19 or who has been exposed to COVID-19 shall be tested for the COVID-19 virus, along with any other clinically appropriate testing.

(2) Whenever a person expires while in a nursing home, wherein the professional judgment of the nursing home clinician there is a clinical suspicion that COVID-19 was a cause of death, but no such test was performed in the 14 days before death, the nursing home shall administer a COVID-19 test within 48 hours after death, along with any other clinically appropriate testing. Such COVID-19 test shall be performed using rapid testing methodologies to the extent available.

The facility shall report the death to the Department immediately after and only upon receipt of such test results through the Health Emergency Response Data System (HERDS). Notwithstanding the foregoing, no test shall be administered if the next of kin objects to such testing. Should the nursing home lack the ability to perform such testing expeditiously, the nursing home should request assistance from the State Department of Health.”

This emergency regulation also states that no test shall be administered if the next of kin objects. The nursing home should request assistance from the DOH should the facility not have the adequate effectiveness to execute the testing quickly but carefully.

The healthcare attorneys at Abrams Fensterman are committed to providing you with the most current and accurate information and guidance. If you have any questions, please contact Patrick Formato, Esq.Barbara Stegun Phair, Esq.Frank Mazzagatti, Esq.Michael Bass, Esq.Richard Thomas, Esq., Jonathan Rogoff, Esq., or any other attorney in our health law practice group.

NEW YORK HERO ACT – MODEL PLANS RELEASED

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Photo by Enrico Mantegazza on

This month, the New York State Department of Labor (DOL) added to its Hero Act the Model Airborne Infectious Disease Exposure Prevention Plan (Model Plan). This plan provides the required steps that all NYS employers must follow by August 17, 2021.

Model Plan Purpose

The purpose of this act is to help decrease and protect employees from acquiring the covid-19 virus, as well as any other airborne infectious diseases that might materialize in the future.

Who is Affected?

This act applies to all employers who have locations in New York State where employees are present. It requires employers to follow this plan within thirty days of the publication release. The due date for adhering to the act is August 17, 2021, since the act was published on July 6, 2021.

Who is Covered?

The responsibilities lie with the employer who is responsible for maintaining control during an outbreak, appropriate infection response, and necessary.

How Should Employers Manage the Model Plan?

Employers have the option to follow the Model Plan or create their own plan so long as they follow the guidelines of the Airborne Infectious Disease Exposure Prevention Standard.

How Can I Obtain More Information?

Complete information about The Model Plan can be found on the provided PDF at the New York State Department of Health (DOL) website. 

In addition to the State requirements, the United States Department of Labor requires all healthcare employers to follow COVID-19 Emergency Temporary Standard issued by OSHA published on June 10, 2021.

As with the NYS Hero Act, the ETS requires all healthcare workers to create a designated infectious disease plan. If the company or organization has over 10 employees, the plan must be delivered in writing.  Employers can follow the template provided by OSHA regarding covid-19 protection for employees.

Please contact Sharon Stiller, Esq.Maureen Bass, Esq., or Rachel Gold, Esq. with any questions or comments.

NYC Hotel Tax Reassement New Rulling

In a November 2019 trial, Judge Joseph Risi refused New York City’s appraised values for the Marriott Hotel at LaGuardia Airport. The judge instead used market and assessed values from the hotel taxpayer’s report, since the NYC valuations were done prior to the covid pandemic and show overvalues for hotel properties in the city. This ruling resulted in an 85% tax reduction levied against the hotel.

As per Joel Marcus of Marcus & Pollack LLP,   who represented Queens Marriott Courtyard: “Every hotel owner should be cheered by this important decision, which stands for the proposition that you can get a redress and justice through the court system on a property tax challenge,” Jeffrey Lebowitz of Abrams Fensterman was co-counsel.

Noting that this is a new precedent for hotel tax rulings in New York, the firm Marcus & Pollack are looking to additional hotel cases in the future.

Apple Entry Level Data Entry Clerk Full Remote Remote Jobs USA

In the past, most entry-level remote positions have been limited to customer service, sales and technical support jobs. But the pandemic has changed all of that. Today there are opportunities across a broad swathe of career fields, with Remote.co’s list encompassing a range of job categories. Once you are on the company’s job page, you can search for any available remote positions just as you would on a job posting website. Learn about some of the highest-paid, entry-level remote jobs and what you can do to apply with little or no experience.

  • As the job market perks up, many companies are migrating toward to permanently remote or hybrid workplaces—giving less-experienced jobseekers the chance to live their work-from-home career dreams.
  • If you have prior work experience but not in the area you are applying, you should highlight the relevant experience you have from a previous job.
  • But the pandemic has changed all of that.
  • Apply to all of the remote entry-level jobs directly.

Sign in to create your job alert for Entry Level Remote jobs in United States. “Written and verbal communication, independent worker, organized and productive, great time and task manager, and having a growth mindset are all valuable traits in a remote worker,” says Reynolds. Construct a portfolio from either school, work, or independent projects.

Product Manager, New Grad

Apple is looking for a dedicated Entry Level Data Entry Clerk to join our team. This is a fully remote position, offering an exciting opportunity for those who are looking to launch their career with a globally renowned company. For full functionality of this page and to view all remote jobs, it’s necessary to enable JavaScript. Discover the best remote entry-level jobs at top remote companies that offer you the freedom to work from home or places around the world as a digital nomad.

These can be technical skills, such as coding or design, or soft skills like communication and teamwork. Social media managers handle all aspects of a business’s social media account, including posting marketing materials, cultivating an online following, and analyzing the effectiveness of marketing campaigns. As a job purposely focused on online marketing, social media managers can typically work remotely from home or on the go. The five careers outlined below are entry-level positions that not only offer the opportunity to work remotely but also provide an average annual salary above the national median in the US [1]. These positions are also projected to grow in the next decade.

Data Entry Clerk – Remote Work From Home

Are you a motivated individual looking to kickstart your career in the world of virtual assistance and data entry? If you’re tech-savvy, detail-oriented, and eager to https://remotemode.net/blog/15-companies-that-have-remote-entry-level-positions/ learn, this entry-level position might be the perfect fit for you. We are searching for a Virtual Assistant – Data Entry Junior to join our team and grow with us.

How a ‘Refund Fraud’ Gang Stole $700,000 From Amazon – Slashdot

How a ‘Refund Fraud’ Gang Stole $700,000 From Amazon.

Posted: Tue, 07 Nov 2023 18:29:38 GMT [source]

For example, if you were looking for an entry-level IT job, you would search for “entry-level remote IT.” You can also search for the job title that interests you and input “remote” for location. Sign in to create your job alert for Remote jobs in United States. Browse the job list, identify the listings that best match your aspirations, and apply to them. Remote jobs offer greater flexibility, including the ability to complete your work from home without having to commute to an office.

Data Entry Support Specialist (Typist) – Remote .WFH

For example, A web developer might create a portfolio consisting of work they did in an educational program or on a personal project. Never miss a job alert with the new LinkedIn app for Windows. Click the link in the email we sent to to verify your email address and activate your https://remotemode.net/ job alert. Thinking through these questions ahead of time will help you answer confidently when they come up in the interview. Better yet, you’ll be equipped to embed your answers proactively in your resume and cover letter—demonstrating your fitness for the new remote workplace.

Patrick Formato, Esq.

Patrick Formato Esq.Patrick Formato is an executive partner at Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf, LLP.

Mr. Formato represents a variety of health care providers, including nursing facilities and treatment centers, home health care agencies, adult homes, and physicians. He has a vast array of skills and expertise in the implementation of corporate compliance programs.

He is acknowledged by his clients as a knowledgeable and talented health care attorney and has been asked by health care organizations to present programs on topics such as fraud and abuse, corporate compliance and provider contracting.

Mr. Formato received a J.D., cum laude, from Albany Law School and a B.A., cum laude, from the State University of New York at Albany. He is active in both legal and professional associations and is a member of the American Health Lawyers Association, the New York State Bar Association’s Health Law Section, and the Nassau County Bar Association’s Hospital and Health Law Committee.

Howard Fensterman Defends East Neck Nursing Home in Male Stripper Case

Howard Fensterman is defending the East Neck Nursing Center in West Babylon, NY, in a lawsuit brought against the center by a resident relating to a male exotic dancing performance. The son of one of the facility’s residents is suing the nursing home after he looked in his mother’s dresser drawer and found a photograph of his 85-year-old mother, Bernice Youngblood, putting money into the dancer’s pants.

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The male exotic dancer was hired after the activities committee, made up of 16 residents of the center, unanimously voted to have the performance. The lawsuit claims the staff arranged the event for their own amusement, but that is not the case, according to East Neck and Mr. Fensterman. The residents voted to utilize part of their entertainment budget for the performance and the nursing home paid the $250 fee to have the dancer perform.

The event, which took place September 2012, was optional, and none of the resident patients were required to attend. According to the nursing home and Mr. Fensterman, it was Mrs. Youngblood’s son’s live-in girlfriend who brought the 85-year-old from her room to attend the event. The patient’s son claimed his mother was forced to tip the dancer using her own money, which should have been locked away. However, it is clear from the photograph being circulated that Mrs. Youngblood’s son’s live-in girlfriend was sitting next to Mrs. Youngblood during the performance.

According to the lawsuit, the family is seeking $10 million in punitive damages and an unspecified amount for the patient’s emotional distress. At a recent press conference, though, Mrs. Youngblood, who currently suffers from partial dementia, admitted she did not remember the details of the event.

No other complaints have been made by residents of the nursing home.

Abrams Fensterman Family Welcomes Brooklyn Team

Brooklyn’s most regarded lawyers Mark Caruso and Rose Ann Branda announced last month that they’ve joined the law firm Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf, LLP. 

Caruso and Branda, of Caruso, Caruso & Branda P.C. have provided legal services in Brooklyn as well as Staten Island and Manhattan since 1952 specializing in business, estates, matrimonial, and real estate law. The firm is well known for their hard-working and enthusiastic commitment to institutions serving Brooklyn’s legal community. Caruso and Branda are also recognized for having an important role in civic initiative. 

Mark J. Caruso graduated from Hofstra University of Law and became a part of the law firm in 1978. He became quite successful in the courtroom. Caruso’s successful reputation is owed to his insight and closely evaluated cases. His achievements have been reported in the New York Law Journal pertaining to his involvement in real estate litigation, corporation & partnership formation, transactional real estate law, surrogate’s court litigation, wills, estates & administrations, 1031 exchanges and business transactions. Caruso is also the chair of the Brooklyn Bar Association Real Property Section and holds real estate law lectures to many Bar groups. He is also a board member of the Columbian Lawyers Association and Hofstra School of Law where he also serves as an officer. 

Rose Ann C. Branda is an expert in the field on Family and Matrimonial law. Born in Brooklyn, she graduated from Brooklyn Law School. Brenda served as President of the Brooklyn Bar Association and the Bay Ridge Lawyers Associations. She is incredibly active in the Brooklyn legal community. Brenda serves as President of the Columbian Lawyers Association of Brooklyn and also chairs the Family Law Section of the Brooklyn Bar Association. She also became a member of the new Matrimonial Practice Advisory and rules Committee in 2014 and currently serves as a member of the Committee on Character and Fitness for the Second, Tenth, Eleventh and Thirteenth Judicial Districts.

The Abrams Fensterman family proudly welcomes both Mark Caruso and Rose Ann Branda into their firm. Howard Fensterman, the Managing Partner of Abrams Fensterman said in a statement, “Over the past five years, since the opening of our office at 1 Metrotech Center, we have developed a tremendous sense of affection for the people, businesses, and communities of Brooklyn. We have experienced an exciting team of professionals, will significantly add to our burgeoning reputation throughout the borough.”

 

Joan Rivers

I was honored as “Man of the Year” by the Crohn’s & Colitis Foundation (CCFA) at the Long Island Chapter’s “Laugh ‘till It Stops Hurting” Spring Comedy Dinner,  and most of all, I was honored to meet and speak with Joan Rivers. A wonderful woman who made the night for all who attended.

Howard and Joan Rivers
Howard and Joan Rivers

My heartfelt condolences go out to her daughter and grandson.