Register now! The Health Law Section Annual Meeting will be on January 19 & 27. Click on the Event Calendar to register for the event.
Through our Section you will have the opportunity to meet and network with other health law attorneys, as well as have access to many great benefits specific to your area of practice.
The Benefits of Health Law Section Membership Include:
Receive the Section’s newsletter, Health Law Journal features peer-written substantive articles relating to the practice of health law on various topics including the Family Health Care Decisions Act, HIPAA, nursing homes, managed care, mental health, medical ethics, and long-term care.
- Participate on the Section’s private online community, to post requests for guidance and referrals from health law attorneys from across the state.
- Earn CLE and learn at our New York-specific high-quality educational programs and networking events.
- Join a Committee for professional growth opportunities — the Health Law Section has more than a dozen substantive Committees that provide you with the opportunity to learn about very specific practice areas, and work to influence the laws that can affect your practice.
Contact the Health Law Section Liaison
To learn more about this Section, please contact Catherine Carl
Karen Gallinari of Yonkers is the new chair of the Health Law Section.
Gallinari is an adjunct professor at Pace University’s Elizabeth Haub’s School of Law. She has over 20 years’ experience in healthcare law, risk management, compliance, litigation, medical research and bioethics.
A 24-year member of the State Bar, Gallinari most recently served as chair-elect of the Health Law Section. She previously chaired the section’s Membership Committee. She was a member of the section’s Biotechnology/Medical Research; In-House Counsel; and Public Health Committees.
Gallinari graduated from New York University and earned her law degree from New York Law School.
Message from the Chair (Updated August 26, 2020)
Dear Health Law Section Members,
I hope this update finds you and all yours well.
Despite the continued challenges we all face during these extraordinary times, last week brought cause for celebration. The 100th Anniversary of women’s right to vote is a nice backdrop to our continued progress on gender equality, women’s and elders’ health issues.
Health Law Section COVID Task Force Update
We have also been working with colleagues from other Sections on the Recommendations presented in the Report prepared by our COVID Task Force. Our Task Force’s Report, Recommendations and four related Resolutions were presented to the NYSBA’s House of Delegates (“HOD”) in June. The House decided to postpone a vote on the Resolutions until its November meeting, to permit Section Delegates more time to review the proposals. Since that time, our Task Force Chair, Mary Beth Morrissey and other Task Force members, have been addressing questions from Section leaders and preparing an update to provide clarification.
In addition, legislation has passed narrowing provider immunities. As a result, the Resolution addressing the immunities issues is being eliminated. Please note that the Task Force’s original Recommendations regarding the importance of adequate provider immunities for actions necessitated by the State of Emergency, remains in the Task Force Report. Additional edits to our Resolutions are anticipated, given legislation which improved protections against price gouging, which has also passed.
Links to the Task Force Report, Recommendation and Original Resolutions, as well as links to the provider immunity and price gouging legislation are below.
October Fall Meeting
Please plan to join us for our Fall Meeting on October 23 & 30 from 9 a.m. to 1 p.m. for expert-led discussions on Ethical Issues and Legal Reform in the New COVID-19 Healthcare Environment. We will be covering topics of human rights, public health, healthcare providers’ dilemmas, disparities in the current state of healthcare, and much more. For more information and to register, visit the Section page.
In the meantime, if you are not already a member of any of our Section Committees, please review the available Committees at the link below and select at least one which interests you. You can join the Committee you chose by logging into your NYSBA account or by contacting our Section Liaison, Catherine Carl at [email protected]
We have excellent Committee Chairs who are planning vibrant opportunities for networking, education and advocacy in the areas they lead.
For example, our Young Lawyers Committee is hosting a Meet and Sip Virtual Social on September 10th.
Our other Committee Chairs will be reaching out to Committee members in the Fall, to engage you in their initiatives and invite your input.
I also invite your input on any topics or initiatives you would like to see our Section address this coming term.
Finally, I wish you and yours some summer fun during these last weeks of the season.
Karen L. Illuzzi Gallinari, Esq.
Health Law Section Chair
Adjunct Professor, Pace University’s Elisabeth Haub School of Law
Director of Risk and Compliance, St. John’s Riverside Healthcare System, Yonkers, NY
COVID Task Force Report and Recommendations: (Click here to read the report)
Resolutions Presented by Task Force in June, EDITS in progress:
Please NOTE that Resolution 4, included at the following link, will be eliminated, along with other edits warranted by legislation enacted since the Task Force’s Report was presented to the HOD in June. Final Resolutions and clarifications will be provided before the HOD November meeting, once they are completed.
Health Law Journal
The Health Law Journal features peer-reviewed substantive articles relating to the practice of health law on various topics including the Family Health Care Decisions Act, HIPAA, nursing homes, managed care, mental health, medical ethics, and long-term care. Also included are regular features on recent cases, legislation and publications, as well as updates on Section activities. Edited by Brendan Parent, Esq. and Benjamin Sundholm, Esq., the Health Law Journal is published by the Health Law Section and distributed to Section members free of charge.
The Journal is published as a benefit for members of the Health Law Section and is copyrighted by the New York State Bar Association. The copying, reselling, duplication, transferring, reproducing, reusing, retaining or reprinting of this publication is strictly prohibited without permission.
© New York State Bar Association. All rights reserved. ISSN 1530-3926 (print) ISSN 1933-8406 (online)
The Health Law Journal encourages article submissions on topics of interest to members of the Section. Writing an article for a NYSBA Section publication is a great way to get your name out in the legal community and advertise your knowledge. Our authors are respected state-wide for their legal expertise in such areas as HIPAA, nursing homes, managed care, mental health, medical ethics and long-term care.
MCLE credit may also be earned for legal-based writing directed to an attorney audience upon application to the CLE Board. NYSBA Guidelines for Obtaining MCLE Credit for Writing as well as a Publication Credit Application are available.
If you have written an article and would like to have it considered for publication in the Health Law Journal, please send it in electronic document format (pdfs are NOT acceptable), along with biographical information to its Editor:
Brendan Parent, Esq.
Email: [email protected]
Health Law Section Reports
Please find attached the Health Law Section COVID-19 Resolutions, as clarified and revised since June 2020. These revised Resolutions will be submitted to the New York State Bar Association (NYSBA) House of Delegates (HOD) for review, consideration and formal action on November 7th , 2020.
Also attached is the full Health Law Section COVID-19 Report which was submitted to the HOD for its June 13th meeting. The attached version, revised September 20th, reflects technical corrections. The Health Law Section COVID-19 Report is provided for information and reference, and not for the purposes of consideration by the HOD at its November meeting.
April 3, 2018
Proposed Department of Health Rule by the NYSBA Health Law Section – The proposed rule would revise: 10 NYCRR 58.1.8: Results of tests to be reported only to physicians or other authorized persons. This proposal would revise New York State regulations to allow research laboratories to disclose research findings that arise in an Institutional Review Board (IRB) approved study, and that may be clinically significant, to the health care provider designated by the study subject.
Health Law Section Committee
- Diversity Committee (Health Law)
- E-Health And Information Systems Committee
- Ethics Of Health Care Committee
- Executive Committee (Health Law)
- Fall Meeting Planning Committee (Health Law)
- Health Professionals Committee
- Legislative Committee (Health Law)
- Litigation Committee (Health Law)
- Long-Term Care Committee
- Medical Research And Biotechnology Committee
- Membership Committee (Health Law)
- Payment, Enforcement, And Compliance Committee
- Professional Discipline Committee (Health Law)
- Providers And In-House Counsel In Health Care Committee
- Public Health Committee
- Young Lawyers Committee (Health Law)
Diversity Fellowship Program
The Diversity Summer Fellowship in Health Law was developed in 2011 by the Health Law Section as part of the New York State Bar Association’s Diversity Challenge to develop and execute initiatives to increase the diversity of its membership, leadership and programs and to evaluate the results.
Health Opinion Letters
The PDF files below are provided to the Health Law Section of the New York State Bar Association by the Department of Health of the State of New York.
08/25/08 – NYCDOHMH Newborn Home Visiting Program
10/20/06 – Access to Patient Information
07/24/06 – Disposition of Remains
11/03/05 – Hiring Relatives
12/07/04 – Ancillary Services in State Stark Law
07/02/04 – Cover Letter Re: Advisory Opinions
06/17/04 – Physician Referral Laws (Generally)
05/04/04 – Medical Records Release
03/19/04 – Laboratory Retention of Specimens
01/28/04 – Ancillary Services in State Stark Law
01/22/04 – Corporate Practice of Medicine
10/14/03 – Physician Practices with Third Party Payors
07/23/03 – Laboratory Use of Contractor
11/19/99 – State Stark (MRIs)
07/28/99 – State Stark
12/22/97 – HMO (Subcontracting of Risk)
12/18/97 – State Stark (X-Rays)
12/12/97 – Fee Splitting – MSO Fees
08/29/97 – IME
08/26/97 – Employment of Laboratory Directors
04/17/97 – Fee Splitting – (No Percentage Fee for Billing Companies or Otherwise)
06/06/96 – PPO/IPA
04/19/96 – State Stark – MRIs
03/21/96 – HMO Contracting Issues
02/13/96 – HMO (Subcontracting of Risk)
02/05/96 – State Stark
11/21/95 – State Stark – Shared Services
10/25/95 – PHO/PPO Licensing Issues
06/19/95 – Employment of Laboratory Directors
05/02/95 – Corporate Practice/Art 28/State Stark – MSO
04/04/95 – (State Stark) Shared Laboratories
03/03/95 – State Stark (Multi-Specialty Group)
03/03/95 – State Stark – Group Practice
03/03/95 – State Stark – In-Office Ancillary
07/11/94 – IME
03/22/94 – Fee Splitting
01/05/94 – Fee Splitting (MD and Chiropractor)
05/20/93 – MD/PT Relationship
01/22/93 – Fee Splitting (Unit Fees)
09/03/92 – Fee Splitting – Ultrasound
05/07/92 – Percentage Fee for Billing Sometimes Okay
Legal Links of Interest
1. Health Care/Legal Periodicals and Journals
2. Health Law Search Engine and Information Sites
3. New York State Law and Regulations
NYS bills/statutes (Senate site)
NYS bills/statutes (Assembly site)
DOH Regulations (10 NYCRR)
Social Services Regulations (18 NYCRR)
Unemployment Law Regulations (12 NYCRR) – via the Department of Labor website.
4. New York State Agencies
New York State Department of Health
New York State Department of Insurance
Citizen’s Access to State Government
Commission on Quality of Care for the Disabled
Department of Education
Office of the Professions
Online License Verification
Online Directory of Professional Discipline Actions
– search actions since 1/94 by provider’s name or date of action. Use OPMC site for physicians and PAs.
– Use this page to search for physician and PA disciplinary actions since 1992.
– a wealth of resources regarding NY Courts including court rules, decisions and forms.
– Run by the UCS you can view dockets, court calendars for 13 counties. Electronic filing also available in Monroe, New York and Westchester Counties.
Not every attorney is in Martindale. All attorneys registered with the NYS Office of Court Administration are in this database.
6. New York State Health Care Industry Organizations
Community Health Care Association of New York State
Greater New York Hospital Association
Healthcare Association of New York State
Medical Society of the State of New York
New York Academy of Medicine
NY Association of Homes and Services for the Aging
New York Health Plan Association
New York State Health Facilities Association
United Hospital Fund
7. Federal Law and Regulations
8. Executive Branch – Federal Agencies
Centers for Disease Control
Department of Veterans Affairs
Environmental Protection Agency
Federal Emergency Management Agency
Federal Government Home Page
Federal Trade Commission – Antitrust Guidelines
Food and Drug Administration
Health Care Financing Administration
HHS Office of Inspector General
IRS – Information for tax-exempt organizations
U.S. Justice Department, Antitrust Division
9. Federal Courts
Federal Judiciary Home Page
Federal Court Web Locator
U.S. Sentencing Commission
Connecticut District Court
New York Eastern District Court
New York Northern District Court
New York Southern District Court
New York Western District Court
10. National Organizations
American Bar Association
ABA Heath Law Section
American Academy of Psychiatry and the Law
American College of Legal Medicine
American Health Lawyers Association
American Society for Law, Medicine & Ethics
Other Professional Organizations
American Association of Homes & Services for the Aging
American Healthcare Association
American Hospital Association
American Medical Association
American Public Health Association
National Alliance for the Mentally Ill
11. Medical and Health Policy Journal Sites
American Society for Bioethics and Humanities
Bioethics Law in NY State
New York State Task Force on Life and the Law
NIH bioethics resources on the web
National Reference Center for Bioethics Literature
Human Subjects Research
Health Information Sites