Exclusion from Medicare and Medicaid can have devastating consequences for doctors, nurses, pharmacists, and other healthcare professionals. 

Exclusion results in the inability to submit claims to federal healthcare programs.  It also means that you cannot work for any healthcare providers that accept payment from such programs.  In addition, many private insurance companies, providers, and suppliers will not do business with an excluded professional.

Unfortunately, too many medical professionals and their lawyers do not think about exclusion and its career-destroying potential until it is too late.  When faced with a billing dispute or a fraud investigation, they tend to focus exclusively on avoiding criminal charges or reducing the financial exposure.

Even if they avoid criminal charges, however, they still may face exclusion from Medicare, Medicaid, and other federal healthcare programs.

Under federal law, there are two types of exclusion:  mandatory and permissive.

Mandatory exclusions:  The Office of Inspector General (OIG) at the Department of Health and Human Services (HHS) must exclude individuals and entities from participation in all federal health care programs if they are convicted of certain criminal offenses.  The types of criminal offenses that result in mandatory exclusion from Medicare and Medicaid are:
  • Medicare or Medicaid fraud;
  • other offenses related to the delivery of items or services under Medicare, Medicaid, SCHIP, or other State health care programs;
  • patient abuse or neglect;
  • felony convictions for other health care-related fraud, theft, or other financial misconduct; and
  • felony convictions relating to unlawful manufacture, distribution, prescription, or dispensing of controlled substances.

Permissive exclusions:  The OIG may, but is not required to exclude individuals and entities that engage in other conduct, including conduct that does not involve Medicare or Medicaid.  For example, a misdemeanor conviction for submitting false claims to a private insurance company may result in exclusion from federal healthcare programs.  Even defaulting on student loans may result in exclusion.  The grounds for permissive exclusion include:
  • misdemeanor convictions related to health care fraud other than Medicare or a State health program;
  • fraud in a non-healthcare program that receives funding from any Federal, State or local government agency;
  • misdemeanor convictions relating to the unlawful manufacture, distribution, prescription, or dispensing of controlled substances;
  • suspension, revocation, or surrender of a license to provide health care for reasons bearing on professional competence, professional performance, or financial integrity;
  • provision of unnecessary or substandard services;
  • submission of false or fraudulent claims to a Federal health care program, even if no criminal charges are filed;
  • engaging in unlawful kickback arrangements;
  • defaulting on health education loan or scholarship obligations; and
  • controlling a sanctioned entity as an owner, officer, or managing employee.

If you are facing a dispute over claims submitted to Medicare, Medicaid, or even a private insurance company, then you should consult with an experienced Medicare and Medicaid fraud attorney who understands all the implications, including the possibility of exclusion and the potential impacts on your professional license.

To arrange a free and confidential consultation, call John Howley, Esq. at (212) 601-2728 or click here to reach our offices via email.

John Howley, Esq.


The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.  I invite you to contact our law offices and welcome your calls, letters and electronic mail.  Contacting us does not create an attorney-client relationship.  Please do not send any confidential information to us until such time as an attorney-client relationship has been established.  I practice law and offer legal services only in jurisdictions where I am properly authorized to do so.  I do not seek to represent anyone in any jurisdiction where this web site does not comply with applicable laws and bar rules.
 
 
A jury has found that Tuomey Healthcare System in Sumter, S.C., violated the Stark Law by paying doctors in ways that rewarded them financially for referring patients to the hospital.  The jury found that more than 20,000 Medicare claims were tainted by the illegal compensation arrangements.

The hospital was accused of offering doctors lucrative part-time contracts that paid above fair market value and were not commercially reasonable. 

The contracts contained “non-compete” provisions requiring that the doctors perform their outpatient procedures at the hospital.  The doctors who accepted the contracts were paid an annual base salary plus a “productivity bonus,” which varied based on how much the hospital earned from outpatient procedures.

The trial focused on dueling experts:  The hospital had an appraiser’s opinion that its compensation arrangements with the physicians were consistent with fair market value; the government’s expert disagreed.  The jury agreed with the government’s expert.

The hospital faces up to $357 million in potential False Claims Act liabilities.  Federal law requires repayment of all of the money paid under illegal Medicare claims, and the False Claims Act allows an award of up to three times the amount of total damages, plus as much as $11,000 per claim.

The government’s lawsuit was commenced by a whistleblower, Dr. Michael Drakeford, under the qui tam provisions of the False Claims Act.  Dr. Drakeford filed his whistleblower lawsuit after he declined to enter into one of the agreements that the hospital was offering.

The whistleblower reward in this case will be between 15% and 25% of the amount collected by the government.  Even if the hospital avoids treble damages and penalties by settling the case, the whistleblower reward could be in the range of $7 million to $10 million.

If you have evidence that a hospital, nursing home, or other healthcare facility has agreed to pay physicians in return for referrals, then you should consult with an experienced whistleblower attorney immediately.  You may be entitled to a whistleblower reward.

John Howley, Esq. is an experienced Medicare and Medicaid fraud whistleblower attorney.  Call our office today at (212) 601-2728 or click here to arrange a free and confidential consultation.

John Howley, Esq.



The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.  I invite you to contact our law offices and welcome your calls, letters and electronic mail.  Contacting us does not create an attorney-client relationship.  Please do not send any confidential information to us until such time as an attorney-client relationship has been established.  I practice law and offer legal services only in jurisdictions where I am properly authorized to do so.  I do not seek to represent anyone in any jurisdiction where this web site does not comply with applicable laws and bar rules.
 
 
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An ambulance company in Pennsylvania and its owners and operators were indicted for ambulance fraud.  The charges include conspiracy to commit health care fraud, making false statements in connection with health care matters, aggravated identity theft, paying kickbacks to patients, and money laundering.

Non-emergency ambulance transportation may be reimbursed by Medicare only if an ambulance is medically necessary.  This means that the patient must be bed confined or have a medical condition that otherwise requires transportation by ambulance.  A patient who is able to sit in a wheelchair or walk is considered “ambulatory” and generally must be transported in a less expensive wheelchair van.

The defendants are accused of defrauding Medicare by recruiting patients who were able to walk and could travel safely by means other than ambulance. 

The government alleges that the defendants falsified reports to make it appear that the patients needed to be transported by ambulance when the defendants knew that the patients could be transported safely by other means.  Many of the patients, the government says, walked to the ambulance for transport. 

In addition to filing false claims for ambulance transports that were not medically necessary, the government alleges that the defendants paid illegal kickbacks to the patients as part of the fraudulent scheme.

The government alleges that the scheme cost Medicare more than $1.5 million.  Under the federal False Claims Act, the government may recover three times the amount of its losses plus $11,000 per false claim.

The government is serious about cracking down on ambulance fraud, and it pays significant rewards to individuals who come forward with evidence of false claims.  Under the False Claims Act, whistleblowers are entitled to a reward of up to 30% of the amount recovered by the government.

In a case such as this one, the whistleblower reward could exceed $1.5 million.

If you are aware that an ambulance company is billing Medicare or Medicaid for transporting patients who are not bed confined, then you should consult with an experienced whistleblower attorney immediately.  You may be entitled to a significant whistleblower reward and legal protections.

To arrange a free and confidential consultation with an experienced whistleblower attorney, call John Howley, Esq. at (212) 601-2728 or click here to reach our offices via email.

John Howley, Esq.



The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.  I invite you to contact our law offices and welcome your calls, letters and electronic mail.  Contacting us does not create an attorney-client relationship.  Please do not send any confidential information to us until such time as an attorney-client relationship has been established.  I practice law and offer legal services only in jurisdictions where I am properly authorized to do so.  I do not seek to represent anyone in any jurisdiction where this web site does not comply with applicable laws and bar rules.
 
 
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The owner of durable medical equipment companies has been sentenced to 13 years in prison after a jury convicted her of submitting false claims to Medicare.

Uben Ogbu Rush owned or controlled six companies that sold durable medical equipment (DME), including motorized wheelchairs, hospital beds, and pressure-reducing mattresses.

The evidence at trial showed that Rush paid marketers to recruit Medicare beneficiaries who allowed Rush’s companies to use their identities and Medicare numbers to submit false claims to Medicare. 

The marketers were paid kickbacks for each patient they recruited.  The marketers, in turn, paid kickbacks to doctors who wrote prescriptions for medical equipment that was not medically necessary.  In many instances, the doctors wrote prescriptions for patients they had never seen.  By engaging in this conduct, both the doctors who accepted kickbacks and the individuals who paid the kickbacks violated the anti-kickback statute.

The government claimed that Rush submitted more than $15 million worth of false and fraudulent claims to Medicare, and that Medicare paid out more than $8 million on those false claims.

The government has also prosecuted the recruiters and doctors involved in the DME fraud.  One recruiter has already been sentenced to more than 3 years in prison.  The other recruiters and doctors have not yet been sentenced.

DME fraud investigations are often conducted by large teams of investigators, auditors, analysts and lawyers from the FBI, the Department of Justice, the Centers for Medicare & Medicaid Services, the Office of Inspector General (OIG) of the Department of Health and Human Services (HHS), state Attorney General Offices and Medicaid Fraud Control Units, and other state and federal government agencies.

In other words, if you are under investigation or have been charged with DME fraud, then you are facing a huge army of investigators and prosecutors committed to proving and prosecuting the case against you.

You need an experienced Medicare and Medicaid fraud attorney on your side.  Do not delay.  At the first sign that you may be under investigation, consult with an experienced Medicare and Medicaid fraud attorney immediately.  It could mean the difference between saving and losing your livelihood, your license, and your freedom.

To arrange a consultation with an experienced Medicare and Medicaid fraud attorney, call John Howley, Esq. at (212) 601-2728 or click here to reach our office via email.

John Howley, Esq.



The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.  I invite you to contact our law offices and welcome your calls, letters and electronic mail.  Contacting us does not create an attorney-client relationship.  Please do not send any confidential information to us until such time as an attorney-client relationship has been established.  I practice law and offer legal services only in jurisdictions where I am properly authorized to do so.  I do not seek to represent anyone in any jurisdiction where this web site does not comply with applicable laws and bar rules.
 
 
Temple University Hospital
Temple University agreed to pay $100,000 to settle claims that it overbilled Medicare and Medicaid for neurology services.

The settlement agreement covers alleged overbilling for services provided by Temple University physicians at the university’s own facilities and at Frankford Hospital.

According to the government, the university submitted claims to Medicare and Medicaid using codes that resulted in higher payments for services than the codes that should have been used based on the medical documentation supporting the services.  Using a higher billing code than the documentation supports is known as “upcoding.”

After reviewing the government’s allegations and the underlying documentation, the university agreed that the coding was not accurate.

Upcoding is just one type of billing practice that results in Medicare and Medicaid paying more for services than they should.  Healthcare providers can be charged with upcoding when they use the wrong code or when the documentation supporting the claim for reimbursement is inadequate to justify the code that was used.

Other improper billing practices include “unbundling” and “double billing.”  Unbundling involves charging separately for services and procedures that should be billed under a single billing code.  Double-billing occurs when a healthcare provider bills both government programs and either private insurers or patients.

Upcoding, unbundling, and other types of improper billing practices are serious violations of the federal False Claims Act.  They can result in treble damages and penalties of $11,000 for each claim submitted to the government.

But these billing practices are often difficult to detect.  That is why the government pays whistleblower rewards to individuals who come forward with evidence of improper, false or fraudulent claims.

Under the federal False Claims Act, an individual who helps the government stop Medicare and Medicaid fraud and abuse is entitled to a whistleblower reward of between 15% and 30% of the amount the government recovers.  These whistleblower rewards can amount to tens of thousands of dollars, hundreds of thousands of dollars, and in some cases millions of dollars.

If you are aware of false or improper claims submitted to Medicare or Medicaid, then you should consult with an experienced whistleblower attorney.  You may be entitled to a substantial whistleblower reward and legal protections under the False Claims Act.

To arrange a free and confidential consultation with an experienced whistleblower attorney, call John Howley, Esq. at (212) 601-2728 or click here to reach our offices via email.

John Howley, Esq.



The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.  I invite you to contact our law offices and welcome your calls, letters and electronic mail.  Contacting us does not create an attorney-client relationship.  Please do not send any confidential information to us until such time as an attorney-client relationship has been established.  I practice law and offer legal services only in jurisdictions where I am properly authorized to do so.  I do not seek to represent anyone in any jurisdiction where this web site does not comply with applicable laws and bar rules.
 
 
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One of the great tragedies of Medicare fraud is when the corporation that received millions of dollars settles the fraud case by paying back money, while the employees who were asked to sign false documents end up in prison.

It happens all the time.  A physical therapist is asked to authorize more therapy than the patient really needs.  An EMT who transports patients in ambulances to dialysis treatment is asked not to indicate on the trip report that the patient was in a wheelchair or able to walk.  A visiting nurse is asked to submit time sheets for more time than was actually spent with the patient.

The employer uses these documents to submit millions of dollars in false claims to Medicare.  When they get caught – and at some point they always get caught – the employer pays back the money, and the employees go to prison.

In a recent case, a registered nurse pleaded guilty to home health fraud after government investigators discovered that she had signed false documents for a home health care company.

The nurse admitted that she created nursing visit notes to justify home health care services that the patients did not really require.  She also admitted that she signed nursing visit notes for home visits, when the visits were actually made by other individuals who were not licensed.

The employer used these types of false records from this nurse and others to submit $24 million in false claims to Medicare for home health care services.

The nurse now faces up to ten years in prison and a fine of up to a $250,000.

If the nurse had contacted an experienced whistleblower attorney, she could have protected herself and earned a substantial reward.  Under the federal False Claims Act, individuals who help the government stop Medicare fraud are entitled to a whistleblower reward of between 15% and 30% of the amount the government recovers.

For example, if this nurse had helped the government collect $24 million from the home health care company, she would have been entitled to a whistleblower reward of between $3.6 million and $7.2 million.  Instead, she is facing the possibility of a very long prison sentence.

Do not go to prison for your employer’s fraud.  If you are aware that your employer is creating false documents, then you should consult with an experienced whistleblower attorney immediately.  You may be entitled to legal protections and a substantial reward under the False Claims Act.

To arrange a free and confidential consultation with an experienced whistleblower attorney, call John Howley, Esq. at (212) 601-2728 or click here to reach our office by email.

John Howley, Esq.



The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.  I invite you to contact our law offices and welcome your calls, letters and electronic mail.  Contacting us does not create an attorney-client relationship.  Please do not send any confidential information to us until such time as an attorney-client relationship has been established.  I practice law and offer legal services only in jurisdictions where I am properly authorized to do so.  I do not seek to represent anyone in any jurisdiction where this web site does not comply with applicable laws and bar rules.
 
 
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One of the most common forms of ambulance fraud is billing Medicare for non-emergency transportation of patients who are not bed-confined or who are able to travel in another form of transportation.  This type of ambulance fraud often occurs when transporting patients to dialysis centers.

Individuals who help the government stop this type of fraud are entitled to very substantial whistleblower rewards under the federal False Claims Act.

Recently, the president of a local rescue squad in Virginia was caught submitting false claims to Medicare for medically unnecessary, non-emergency ambulance transports.  Over a five-year period, the false claims added up to more than $1.6 million.

Under the false claims act, the government may recover three times the amount it paid plus $11,000 per claim.  In a case involving $1.6 million in false claims, the government can recover more than $5 million.

The potential whistleblower reward in this type of case is between 15% and 30% of the amount recovered by the government.  In a case involving $1.6 million in false claims, that means a potential whistleblower reward of between $750,000 and $1.5 million.

In order to receive Medicare reimbursement for non-emergency ambulance transports, the patient must be bed-confined or have a medical condition that renders ambulance transport necessary.  The ambulance company must obtain a Physician Certification Statement (PCS) stating that the patient requires ambulance transportation.

But the existence of a signed PCS does not automatically qualify the patient for non-emergency ambulance transportation reimbursement from Medicare.  If the PCS is false – that is, if the patient is not bed-confined and their medical condition would allow them to be transported in a wheelchair van – then any claims submitted to Medicare for non-emergency ambulance transport services are considered false claims.

The government has a hard time identifying this type of fraud, because it cannot see the condition of the patients when they are picked up for transport.  That is why most whistleblower rewards for ambulance fraud go to EMTs, drivers, medical billers, and other individuals who work for the ambulance companies.

For example, an EMT may notice that most of the patients transported by his or her ambulance company are able to walk or sit in a wheelchair when they are picked up for scheduled ambulance transportation.  Or a medical biller may notice that patients transported by ambulance do not have current or valid Physician Certification Statements (PCS) in their files.

In some ambulance companies, employees are asked not to note the patient’s condition on trip reports.  Or medical billers are asked to disregard the dates on Physician Certification Statements when submitting claims.  And in some cases, employees are asked to create false documents to support their employer’s Medicare claims.

This puts the employee in a very dangerous position.  When the government discovers the false claims (and, at some point, it will), anyone who participated in submitting the false claims could end up in prison. 

Remember the president of the local rescue squad in Virginia who submitted $1.6 million in false claims to Medicare for ambulance transport services?  He was not the only one targeted by prosecutors.  An employee of the rescue squad who went along with the fraud was sentenced to two years of probation and ordered to pay more than $750,000 in restitution to Medicare.

Do not risk criminal charges by turning a blind eye to your employer’s ambulance fraud.  If you are aware of false claims submitted to Medicare for ambulance transport services, then you should consult with a whistleblower attorney immediately.  You may be entitled to a significant whistleblower reward and legal protections.

The consultation is free and completely confidential.  An experienced whistleblower attorney will listen to you and answer your questions.  If you have a case, you will be represented on a contingency fee basis -- no attorneys’ fees are charged unless you win.

To arrange a free and confidential consultation with an experienced whistleblower attorney, call John Howley, Esq. at (212) 601-2728 or click here to reach our offices via email.

John Howley, Esq.



The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.  I invite you to contact our law offices and welcome your calls, letters and electronic mail.  Contacting us does not create an attorney-client relationship.  Please do not send any confidential information to us until such time as an attorney-client relationship has been established.  I practice law and offer legal services only in jurisdictions where I am properly authorized to do so.  I do not seek to represent anyone in any jurisdiction where this web site does not comply with applicable laws and bar rules.
 
 
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The New York Medicaid program paid dentists for fillings and root canals supposedly performed on 465 patients who had no teeth.

This is just one of three types of dental fraud identified by the New York State Office of Medicaid Inspector General in a recent report.

The New York Medicaid fraud investigation also uncovered double billing for dental services provided to patients who live in skilled nursing facilities. 

Medicaid pays nursing homes a set fee for the dental care of patients in skilled nursing facilities, and the nursing homes are supposed to pay the dentists.  The report found, however, that dentists had billed Medicaid directly for services provided to almost 2,000 residents of skilled nursing facilities.  This resulted in Medicaid paying twice for the same services – once when the nursing home was paid, and again when the dentist was paid directly.

The third type of dental fraud identified in the report involved referrals.  All patient referrals must be documented properly to avoid situations where dentists are referring patients to themselves.  The investigation found, however, that 75,392 patient referrals took place without the necessary documentation.

New York and other states are becoming increasingly sophisticated when it comes to identifying and prosecuting dental fraud.  For example, the New York Medicaid Inspector General is now using a sophisticated data matching review across data sets to identify possible instances of fraud.  In other words, claims submitted by dentists are being compared to beneficiary and other records.

The Medicaid Inspector General also coordinates with two other agencies devoted to investigating and prosecuting Medicaid fraud.  The Medicaid Fraud Control Unit in the Attorney General’s office has teams of auditors, investigators, and lawyers in offices throughout the state.  New York City has its own Office of Medicaid Provider Fraud and Abuse Investigations at 250 Church Street in Manhattan.

If you are contacted by any of these offices, then you should consult an experienced Medicaid fraud attorney immediately.  Medicaid fraud penalties can be severe.  You could be ordered to pay three times the amount Medicaid paid plus a penalty of up to $11,000 for each claim.  You could be excluded from participating in Medicare and Medicaid.  You could even lose your license and go to prison.

When you receive a call, letter, or visit from one of these investigative agencies, it means that the investigators have already gathered evidence against you.  Anything you say or do will be used against you in their investigation and, possibly, in court.  Do not try to handle this on your own.  Get an experienced Medicaid fraud attorney on your side.

To arrange a consultation with an experienced Medicaid fraud attorney, call John Howley, Esq. at (212) 601-2728 or click here to reach our office via email.

John Howley, Esq.




The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.  I invite you to contact our law offices and welcome your calls, letters and electronic mail.  Contacting us does not create an attorney-client relationship.  Please do not send any confidential information to us until such time as an attorney-client relationship has been established.  I practice law and offer legal services only in jurisdictions where I am properly authorized to do so.  I do not seek to represent anyone in any jurisdiction where this web site does not comply with applicable laws and bar rules.
 
 
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A dentist was sentenced to three years probation and a $1,000 fine after pleading guilty to submitting false claims to Medicaid.  He was also ordered to pay $7,300 in restitution to Medicaid and $2,700 to reimburse the Attorney General’s office for investigative costs.

The Medicaid fraud investigation began when an employee in the dentist’s office contacted the Medicaid Fraud Control Unit at the Attorney General’s office. 


According to the government, the investigation revealed that the dentist was engaged in dental fraud by submitting several different types of false claims to Medicaid, including:
  • billing for dental fillings that were not provided;
  • billing for poor quality x-rays that had no diagnostic value;
  • providing fraudulent dates of service so he could bill for more than one set of dentures every five years;
  • billing for sedative fillings that were not provided or not medically necessary.

The dentist agreed to settle the charges of dental fraud by pleading guilty to one felony count of billing Medicaid for services not provided.  In his plea, the dentist admitted that he billed Medicaid claims for surgical extractions or post-surgical complications when the procedure was only a simple tooth removal with no complications.

Medicaid fraud penalties can be harsh.  While this dentist was sentenced only to probation, a small fine, and restitution, his ability to practice as a dentist is now at risk.  Because he pleaded guilty to a felony, he faces exclusion from Medicare and Medicaid programs, as well as professional disciplinary charges that could include suspension or revocation of his professional license.

New York Medicaid fraud investigations often begin with a request for records or other documents from an investigator.  If you practice in New York City, that request often comes from an investigator located at 250 Church Street in Manhattan.

A request for records means that the government has already commenced its investigation, gathered evidence against you, and suspects that you have done something  wrong.  Anything you say or do at this point will be used against you.

If you are under investigation or have been charged with Medicaid fraud, then you should consult with an experienced Medicaid fraud attorney immediately.  How you handle the investigation can mean the difference between retaining or losing your rights, your livelihood, and your professional license.

To arrange a consultation with an experienced Medicaid fraud attorney, call John Howley, Esq. at (212) 601-2728 or click here to reach us via email.

John Howley, Esq.



The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.  I invite you to contact our law offices and welcome your calls, letters and electronic mail.  Contacting us does not create an attorney-client relationship.  Please do not send any confidential information to us until such time as an attorney-client relationship has been established.  I practice law and offer legal services only in jurisdictions where I am properly authorized to do so.  I do not seek to represent anyone in any jurisdiction where this web site does not comply with applicable laws and bar rules.
 
 
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New York City has a new law prohibiting employers from discriminating against job applicants because they are not currently employed.  The new law gives rejected job applicants the right to sue for damages if they were denied employment based on their current employment (or, more accurately, unemployment) status.

The new provision in the New York City Human Rights Law goes into effect on June 11, 2013.  It allows rejected job applicants to seek damages by filing a complaint in court or with the New York City Commission on Human Rights.

The new unemployment discrimination law makes it illegal to base an employment decision with regard to hiring, compensation or the terms, conditions or privileges of employment on an applicant’s unemployment status. 

The new law also prohibits advertisements for any job vacancy from stating that:  (i) current employment is a requirement or qualification for the job; or (ii) they will not consider an individual for employment based on his or her unemployment.

Employers may ask job applicants why they left their prior employer, including the “circumstances surrounding an applicant’s separation from prior employment.”  This means employers may still consider whether a job applicant was fired from a prior job due to poor performance or misconduct.

The law also gives employer’s a defense to a claim of unemployment discrimination when the employer’s decision was based on "substantially job-related qualifications.”  Some examples of “substantially job-related qualifications” include, where required for the particular job, “a current and valid professional or occupational license; a certificate, registration, permit or other credential; a minimum level of education or training; or a minimum level of professional, occupational or field experience.”

Applicants who have all the necessary qualifications, however, may not be denied employment simply because they are currently unemployed.

If you believe that you have been denied employment because you are currently unemployed, then you should consult with an experienced employment discrimination lawyer immediately to protect your rights.  There are strict time limits on when you must file your claim.

To arrange a free and confidential initial consultation with an experienced employment discrimination lawyer, call John Howley, Esq. at (212) 601-2728 or click here to reach our office via email.

John Howley, Esq.



The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.  I invite you to contact our law offices and welcome your calls, letters and electronic mail.  Contacting us does not create an attorney-client relationship.  Please do not send any confidential information to us until such time as an attorney-client relationship has been established.  I practice law and offer legal services only in jurisdictions where I am properly authorized to do so.  I do not seek to represent anyone in any jurisdiction where this web site does not comply with applicable laws and bar rules.