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Tim Pori is a passionate litigator who thrives on fighting the state and federal government for his clients' constitutional rights. Tim loves to defend his clients and zealously fights for their rights to be treated fairly by the government when they are accused of a crime. Tim has tried over 50 trials to verdict and has gained acquittals in state and federal court. Although each case is different and Tim cannot predict or guarantee the outcome of your case, here are some examples of his verdicts in successful trials where the government would not offer a favorable plea offer during the plea bargaining stage of the case. In , Tim had a federal court indictment dismissed after he filed a motion to suppress five illegally seized assault weapons. Due to an extremely unusual conversion of circumstances, Tim tried three murder cases in one year, one of which was a double homicide in in Alameda County, and he obtained not guilty verdicts in the other two cases in Vallejo, and Fairfield, California. Tim was so dedicated to his client that he was prepared to go to jail rather than be forced to trial unprepared in the double homicide. More information. Protecting your freedom is not something that anyone should do half-heartedly. Keeping you out of jail should not be 'just another day at the office' for your attorney. Tim approaches cases with excitement and personal commitment. He works hard to uncover violations of your rights, overlooked facts, and legal precedents which will keep you out of jail. Tim is non-judgmental toward his clients. You deserve to be treated with respect and to have your attorney work hard and honestly for you, regardless of what you are accused of doing. Tim has also excelled in felony assault cases where he has obtained not guilty verdicts in two trials in October The jury acquitted the client during the first felony assault with a deadly weapon charge in October 26, , but convicted him of a misdemeanor. Tim hung the jury after his first solo murder trial in Vallejo, CA in , and after the second trial, the client was acquitted. Tim has also convinced another jury that another client was not guilty of murder and the jury acquitted him of murder and convicted him of manslaughter. In Vallejo, CA, in late , Tim obtained a mistrial in a murder case which resulted in a substantially reduced plea bargain. Tim was able to negotiate an eight-year sentence in an all-girl thrill kill homicide in San Francisco. Press story. The vast majority of Tim's cases are settled before trial and Tim's strategy is to investigate the facts, locate possible cameras, and locate and interview defense witnesses in order to present defense investigation reports to the prosecution to get the best deal. Tim's slogan is 'hard work and investigation not friendship with the prosecution. Tim has a vast network of crime scene experts including, defense DNA labs, firearms, and ballistics analysts, fingerprint experts, ID experts, false confession experts, arson experts and, neuro-psychologists, psychiatrists, possession for drugs for sales experts, and even if you are wealthy, an olfactory sense expert. Tim has specialized in Criminal law for over 17 years. Learn How We Can Help. Follow Us. Tim Pori. He Believes in Fighting for Your Rights. I love a good fight. Admitted to Practice. Sign up to our newsletter First Name. Last Name. New Field:. Thank you for contacting us. We will get back to you as soon as possible. Oops, there was an error sending your message. Please try again later. Quick LInks. Visit Us. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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Given the recent legalization of recreational marijuana use in New York State, and the regular application of drug tests in the home care industry, it is imperative for employers to understand the limitations of their ability to screen and test for marijuana use. If you have any questions about this article, or need assistance in preparing lawful marijuana use policies for your workforce, please contact us. As the year comes to a close and operators continue seeking ways to grow through acquisitions and capitalize on some of the COVID relief to grow their businesses, we provide this article and overview of the key issues to consider in corporate transactions. While mergers and acquisitions present considerable potential benefit, they can also present substantial compliance risks. Key regulatory and employment law considerations include:. The survey will create a process for these LHCSAs — who otherwise meet the requirements for the healthcare worker bonus program — to register their employees for the bonus. Only employers who are eligible but not currently registered for the bonus program should complete this survey, which was sent through eMedNY. The survey is only available until December 6, Following the close of the survey on December 6, , DOH will provide additional information regarding the bonus program registration procedures. Thus, all providers that have been unable to complete the portal registration to date should take steps to respond to this survey and pursue the bonus for their employees. The CDC guidelines provide that, generally, asymptomatic HCP who have had a higher-risk exposure do not require work restriction, regardless of vaccination status, if they do not develop symptoms or test positive for SARS-CoV See the CDC guidelines here. In our experience, very few agencies have acknowledged that they are in crisis mode, and even fewer have reported the same to the Department. HCP with mild to moderate illness who are not moderately to severely immunocompromised can return to work when:. HCP who were asymptomatic throughout their infection and are not moderately to severely immunocompromised may return to work when at least 5 days have passed since the date of their first positive viral test day 0. As its predecessor, EO 4. If the agencies cannot do so, then they should document what barriers they have encountered in these areas and their efforts to address such barriers that necessitate utilization of these relief provisions. This afternoon, the New York State Department of Health released attestation forms and supporting information forms for fiscal intermediaries that had applied for the CDPAP RFO but which had not previously been selected as lead fiscal intermediaries. As we had reported previously, based on the changes made in the law, fiscal intermediaries that actually applied and that were not awarded by the New York State Department of Health within the first round of awards, are still eligible to receive a lead contract with New York State. To be clear, this second round of potential awards does not apply to any fiscal intermediary that did not apply for a RFO in Thus, entities who wish to become a fiscal intermediary now or that somehow began providing FI services since the RFO was submitted in March cannot utilize this process to become a lead fiscal intermediary. For the entities that did apply in , but were not yet notified officially by the Department that they are a lead fiscal intermediary, such entities can still qualify as a lead fiscal intermediary if they can demonstrate that they had or more consumers being serviced during the period of January 1, through March 31, in any or all of New York, Kings, Queens, Bronx, and Richmond counties. In the alternative, a fiscal intermediary could be awarded a contract as a lead if it demonstrates that it serviced 50 or more consumers in any other county of New York State during the same applicable Q1 period. The supporting documentation must provide sufficient evidence to confirm that the fiscal intermediary indeed was serving the requisite number of consumers, on the requisite dates, and in the requisite counties, otherwise the entity will not qualify to receive the lead fiscal intermediary award from New York State. The deadline to submit the attestation and supporting documentation is November 29, After the lead contracts are awarded by the State, the non-lead fiscal intermediaries will be required to begin transitioning consumers to lead fiscal intermediaries. Today, the Department of Health announced that it would be postponing the wage parity certification deadlines once again. The LS requirement for an independently audited financial statement for calendar year has been further delayed. Statements for calendar years and are now due on October 1, If you are considering a LHCSA acquisition or sale, or are in the process of a change of ownership, or if you have general questions about this development, please contact us. The information that is plainly on the website will not be repeated here. Instead, this alert will focus on some common outstanding questions that have not been addressed by the Department, as they relate to home care providers. Clearly, the HWBP was designed around the hospital and, a little less so, the nursing home setting. There is generally a requirement that the provider be enrolled in Medicaid, but some avenues for non-Medicaid providers also appear to exist. However, other clinical staff employed by home care agencies are eligible for the Bonus, such as nurses and therapists. It Is not clear if such clinical staff, to the extent they worked remotely as they were authorized to do during the vesting period under various regulatory waivers , would be eligible for the Bonus. In addition, it is not clear if other office staff, such as coordinators, HR intake, and compliance employees would qualify for the Bonus. The names of these titles suggest that they are hospital and nursing home-setting positions, where there would be some potential of front-line work and patient-facing responsibilities. It is unclear if this rationale extends to home care, where the office staff rarely, if ever, interacts directly with patients of home care services. In our conversations with the DOH, we were not given an explanation or any guidance. Rather, the DOH suggested that providers begin the enrollment process on the portal and address these worker eligibility issues through the application process. However, it is not clear whether other compensation such as shift differentials, vacation pay can be considered as part of the base salary. There is no mention of federal income tax implications. Lastly, the HWBP is a mandatory-participation program. Thus, for any employer that might be overly frustrated by the lack of clarity, or potential payroll and overhead obligations of the HWBP, such employer does not have the option to waive participation. We will be following up with the DOH on these outstanding issues, and others. In the meantime, if you have any questions about the program, please let us know. The proposed regulations are in the State Register and address a provider compliance programs; b Medicaid managed care plan organization MMCO fraud, waste and abuse prevention programs; and c the reporting and returning of Medicaid overpayments to OMIG. Additionally, the Regulations include several new requirements that do not appear in existing regulations, including:. The Regulations — with respect to Medicaid fraud, waste, and abuse programs — would apply to all MLTCs, regardless of member enrollment, and further require the establishment of a dedicated full-time Special Investigation Unit with details about staffing, reporting and work plan requirements if the MCO has an enrolled population of 1, or more. Some of the more significant requirements in proposed Subpart that do not appear in existing regulations, include:. The Regulations reinforce that covered providers or individuals must report, explain and return Medicaid overpayments to OMIG. The regulation will be subject to a day public comment period. Providers who might have comments to the proposed regulations can reach out to our firm and request that comments be formally submitted to the State on their behalf. Skip to content. No, unless the employer is permitted to do so pursuant to the provisions of Labor Law Section D 4-a or other applicable laws. Can an employer drug test an employee if federal law allows for drug testing? No, an employer cannot test an employee for cannabis merely because it is allowed or not prohibited under federal law. See e. However, an employer can drug test an employee if federal or state law requires drug testing or makes it a mandatory requirement of the position. Can employers require that employees promise or agree not to use cannabis as a condition of employment? No, employers are not permitted to require employees to waive their rights under Section D of the Labor Law as a condition of hire or continued employment. No, unless an exception applies. Employers are encouraged to update or amend such policies to reflect changes to New York State law Can employers prohibit use of cannabis during meal or break periods? Key regulatory and employment law considerations include: Regulatory considerations. Thus, the duration of any change of ownership process should be considered, as well as the practical operational issues related to the business as the buyer is waiting for the license transfer process to be completed. Who will run the business until the change of ownership is complete, and what protections will the seller have while the license is still under their name from any liabilities that the buyer-operator may incur? These are important issues to address before signing off on a transaction. Implications of federal, state and local laws applicable to the specific type of service being provided by the seller. In home care, wage parity is a major financial and operational burden that, upstate or out-of-state buyers should carefully consider and analyze before undertaking the acquisition of a downstate entity. Proper classification of workers that qualify as exempt or independent contractors, especially sales personnel. Thus, these issues should be carefully reviewed to ensure the buyer is not buying a liability. Further, in healthcare generally, relationships with marketing and business development professionals could carry significant antikickback violations that the buyer might not wish to assume. The status of the license, if any, or contracts for services that the seller holds. The value of a business or an asset for licensed providers depends in large part on the contracts and licenses that the business holds. Did the seller have a bad survey recently that could result in revocation proceedings? Is the seller currently under investigation by regulators for fraud or other serious issues that could result in asset diminution? These are all issues that should be considered by a buyer. Inclusion of non-discretionary bonuses when calculating overtime. For a bonus to qualify as discretionary, three key standards must be met: the employer has the sole discretion in determining whether to pay the bonus; the employer has the sole discretion in determining the amount of the bonus; and the bonus payment is not made according to any prior contract, agreement or promise. Billing errors. If the seller bills any government payors, a prudent buyer will conduct a review of the claims submitted and paid, as well as claims submission process, to assess the level, if any, of noncompliance with federal, state or contractual billing requirements. Depending on the structure of the transaction, regulators, like the Attorney General or OMIG, may seek recoupment of wrongfully paid claims against a third-party buyer. Successorship obligations when acquiring a unionized workforce. Therefore, the obligations and costs of the union contract must be carefully assessed. Immigration employment issues and associated I-9 obligations. Does the seller retain all the documentation necessary to comply with immigration laws? Common problems include incomplete or fraudulent documents, failure to retain documents, and failure to track expiration dates, among others. Employee background check obligations and prohibitions. In addition, exclusion checks in the healthcare field have to be conducted on staff as a condition of billing for such staff services. Affordable Care Act requirements and the penalties associated with non-compliance. Under the Act, employers with 50 or more full-time employees, or with a part-time employee equivalent of 50 full-time employees, must offer affordable minimum-value health insurance to employees working 30 or more hours per week. Employers failing to comply must pay considerable penalties. For example, such payments often are not deductible by the corporation and are subject to an excise tax on the recipient. Generally, employers with or more employees who work more than 20 hours per week must assess whether compliance with the federal WARN Act is required relative to any certain job-reduction action. Employers must have in place a Covid prevention and mitigation policy, and that policy must be distributed to employees. RNs, LPNs, and NPs licensed and in current good standing in any state in the United States may practice in New York State without civil or criminal penalty related to lack of licensure; Allows New York State-licensed providers without current registrations to practice without penalty for lack of registration; Expands the scope of practice for additional health care workers to allow for COVID testing and vaccinations, including an expansion of the ability of midwives, registered nurses, physicians and nurse practitioners to more easily administer and order COVID vaccinations and testing as well as flu vaccinations. If you have any questions about this development, please let us know. The public need methodology includes a rebuttable presumption of no need for additional LHCSAs in a county if there are 5 or more LHCSAs actively serving patients within the county as of April 1, All applications will be reviewed for character and competence. Establish and implement an effective system for the routine monitoring and identification of compliance risks, including the types of audits the provider must undertake and the frequency of such audits. Establish and maintain procedures for responding to and addressing compliance issues as they are raised. MMCO Fraud, Waste and Abuse Programs The Regulations — with respect to Medicaid fraud, waste, and abuse programs — would apply to all MLTCs, regardless of member enrollment, and further require the establishment of a dedicated full-time Special Investigation Unit with details about staffing, reporting and work plan requirements if the MCO has an enrolled population of 1, or more. Some of the more significant requirements in proposed Subpart that do not appear in existing regulations, include: Audit and investigation requirements which include the scope of such audits and investigations and the general requirements for conducting such audits and investigations. Older posts. 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