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The Child Victims Act, enacted in 2019, provided for the reopening of claims for those sex abuse victims under the age of eighteen (18) at the time of the crime. Adult victims (those over the age of eighteen (18)) were not afforded the same opportunity. However, on May 24, 2022, New York Governor Kathy Hochul signed the Adult Survivors Act into law. The Adult Survivors Act, which mirrors the Child Victims Act, now permits adult survivors of certain sexual offenses an opportunity to seek civil redress against their abuser, or their abuser’s enablers, in a court of law.
The Adult Survivors Act revives civil actions related to certain sexual offenses committed against a person eighteen (18) years of age or older, that had previously been barred by the existing statute of limitations. In signing the legislation, the Governor has thus set in motion, beginning six months from the date the bill was signed, a one-year window to allow for the filing of previously time-barred lawsuits. The Adult Survivors Act, like the Child Victims Act, grants trial preference for such actions, and directs the Chief Administrator of the courts to promulgate rules for the timely adjudication of these revived actions.
Section 1 of the bill established section 214-j of the Civil Practice Law & Rules. Per section 214-j, previously time-barred actions, in which conduct which would constitute a sexual offense against a person 18 years of age or older is alleged, are allowed to be revived and not be barred by any statute of limitation or notice of claim requirement otherwise existing in law. However, the revival of an action can only take place within the one-year window which commences six months from the effective date of the act.
As the Governor signed the legislation on May 24, 2022, the one-year window should commence on or about November 24, 2022; and the window will close on or about November 24, 2023. The law also states, per Section 214-j, that it shall apply despite any other section of law pertaining to the filing of a notice of claim or a notice of intention to file a claim as a condition precedent to bringing a civil action against a public institution. In addition, the law also provides that any revived civil action brought during the one-year window previously dismissed due to being time-barred, or for failure to file a notice of claim or a notice of intention to file a claim, shall not be dismissed on those grounds.
Section 3 of the Act requires the Chief Administrative Judge to promulgate rules regarding the timely adjudication of claims revived under Section 1 of the Act. Although Section 3 is directed to go into effect three months after the Act becomes law, August 2022, it does not appear that the intent of the section is to delay the revival window period of November 2022 through November 2023 as set forth in Section 1, during which victims are permitted to revive previously time barred claims. Victims and counsel should be mindful of these provisions when considering the timing of the filing of a potential claim.
If you have any questions related to this Legal Briefing, please contact any member of our Firm at 876-946-1361. Please note that any links to embedded documents may expire in the future.
In the two years since the enactment of the Setting Every Community Up for Retirement Enhancement Act (“SECURE Act”), planners continue to manage the fallout of its effects on inherited retirement accounts (“IRAs”). The SECURE Act, resulted in a major tax reform relating to the use of trusts for retirement planning and retirement accounts. One significant change relates to the “stretch” provision of IRAs. Previous law allowed a non-spouse beneficiary or qualifying trust to “stretch” the distributions from the IRA over their life expectancy.
The SECURE Act eliminated this “stretch” provision and now requires any non-spouse beneficiary to withdraw the entire balance of the IRA within ten years of the account owner’s death. Beneficiaries may take disbursements from the IRA, but the account must be emptied by the end of the ten years, requiring more planning than previously necessary to minimize tax consequences.
The SECURE Act, however, classifies certain groups who are not subject to the ten-year rule. These individuals are referred to as “Eligible Designated Beneficiaries” (“EDB”) and they are: (1) spouses; (2) disabled or chronically ill individuals; (3) individuals less than 10 years younger than the decedent; and (4) minor children of the IRA owner – once they are adults, they become subject to the 10-year rule.
The rules regarding stretching distributions become complex when trusts are created for the benefit of an EDB, such as for a surviving spouse or minor children. These trusts may be desirable for estate tax reasons, long term care planning, or second marriage situations.
If a trust is designed as a “Conduit Trust” then any retirement distributions would flow directly from the trust to the beneficiary and would be allowed to stretch the distributions. If the trust is an “Accumulation Trust” any distributions from the retirement account can be held within the trust rather than distributed immediately. This flexibility disqualifies the trust for stretch distributions and the retirement account would have to be paid out following the ten-year rule. The only exception to this rule is if the trust is for the benefit of a disabled or chronically ill beneficiary.
The SECURE Act has made the retirement planning landscape more difficult to navigate without the assistance of an advisor versed in the changing laws. IRAs make up the bulk of the average individual’s retirement plan and knowing the implications of these accounts on your beneficiaries can help plan for your future.
If you have any questions related to this Legal Briefing, please contact any member of our Firm at 876-946-1361. Please note that any embedded links to other documents may expire in the future.
As outlined in our previous Legal Briefing (see link: No Surprises Act Compliance (lawpf.com)) the federal No Surprises Act (the “Act”), enacted in 2020, created a number of requirements for health care providers. One of the provisions of the Act that went into effect on January 1, 2022 requires health care providers and facilities to provide Good Faith Estimates to uninsured or self-pay [1] individuals (“patient”) prior to scheduled services.
Under the new law, providers are required to inquire whether an individual is covered by a health care plan, and if so, whether they intend to use their health care plan benefits. If a patient is uninsured or chooses to self-pay, the provider must inform the patient of the Good Faith Estimate (“GFE”). The law defines two groups of providers, Convening Health Care Providers and Co-Health Care Providers [2] – a provider that furnishes items or services in conjunction with another provides. Currently, the law requires that each convening health care provider or facility provide notice of the availability of a GFE on the provider’s website, at the office, and on-site where scheduling and cost questions may arise, and such notice must be “clear, understandable, prominently displayed, and easily searchable.”
Under the Act, providers are obligated to provide a GFE to (1) a patient who may request one prior to scheduling care, (2) any patient who inquires about costs or discusses such with the provider, and (3) any patient once a service is scheduled.
If a patient requests a GFE prior to scheduling services, the provider is required to provide a GFE within 3 business days of the patient’s request. If the patient schedules a service at least three days before the service, the provider must provide a GFE within 1 business day. If the patient schedules a service 10 or more days out, the provider must provide a GFE to the patient within 3 business days. Additionally, if a GFE is requested prior to the patient scheduling a service, a new GFE must be provided following the above guidelines once a service is scheduled. Lastly, if a provider learns of or anticipates a change in the scope of services that will be provided, the provider is required to provide an updated GFE to the patent no less than 1 day prior to the scheduled service.
One provision that may assist providers with controlling the demand for GFE and the timelines described above is that a provider who provides a recurring service for a patient may provide a single GFE and shall update it at least every 12 months. Further, providers and facilities can provide these estimates to patients either in writing or electronically [3], whichever is requested by the patient.
To assist providers and facilities in creating a GFE for patients, the Act requires the estimate to include the following:
Patient’s name
Patient’s date of birth
Description of primary item or service in “clear and understandable language”
Date of scheduled service, if applicable
Items or services expected to be provided in conjunction with the primary item or service, grouped by provider and facility, and must include their diagnosis code, procedure code, and expected charge
Name and identifying information for each provider and facility
Items or services that may require separate scheduling and a separate GFE
Required disclaimers
Once a patient has received a GFE and subsequently a provider has provided an item or service, and the patient receives the bill, the Act has created guidance with respect to disputes. If a bill exceeds the GFE by more than $400, the patient can dispute the bill. A provider or facility will be notified of a patient’s dispute by a dispute resolution entity after such entity receives a referral from the state and determines that the dispute is eligible for dispute resolution.
Once a provider or facility receives notice, within 10 days, they must provide a copy of the disputed GFE and bill, along with any documentation showing that the difference was based on a medically necessary item or service that could not have been anticipated when the GFE was created. At that time, providers and facilities must also suspend collections and accruals of late fees on unpaid amounts for the duration of the dispute resolution process. If during the course of the dispute resolution, the patient and provider settle the dispute, the provider must notify the respective dispute resolution entity within 3 business days of the settlement.
The Centers for Medicare & Medicaid Services has created a model Good Faith Estimate form with appropriate disclaimers and can be found at the link below: Good Faith Estimate Example (cms.gov)
Our Firm has extensive experience counseling employers and businesses on compliance requirements, as well as preparing and implementing applicable policies. If you have any questions related to this Legal Briefing, please contact any member of our Firm at 876-946-1361. Please note that any embedded links to other documents may expire in the future.
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