There are no upcoming events.
Save the Date! Health Law Section Fall Meeting - October 23 & 30. More information will be posted to the Event Calendar soon.
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
[email protected]
(518) 487-5679
Karen Gallinari
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-ekect 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- JULY, 2020
Hello Health Law Section Members,
I hope this note finds you and yours well during these extraordinary times.
This week I began my tenure as Chair of our Section. My fellow Officers and each of our Committee Chairs look forward to engaging you in a productive year.
In the meantime, please note the recently published Report on health related legal and ethical COVID issues, completed by our Section’s COVID-19 Task Force, under the leadership of our immediate past Chair Hermes Fernandez and the Task Force Chair he appointed, Mary Beth Morrissey.
Click here to read the report.
Also, please join us for the following related webinars, we are sponsoring with The Network for Public Health Law, New York State Bar Association Health Law Section (Public Health Law Committee), New York City Bar Association (Health Law, Science and Law, Bioethical Issues, and Immigration and Nationality Law Committees), University of Rochester Medical Center Finger Lakes Geriatric Education Center (FLGEC), and Collaborative for Palliative Care.
Each features national experts on responsible public health and protection of vulnerable populations. Your participation will enhance our efforts to continue to play a positive role in these critical issues. Registration is free!
In addition to these CLEs, we are offering two CLEs this month. Visit the Event Calendar on the Section webpage for more information.
Sincerely,
Karen Gallinari, Esq.
NYSBA Health Law Section Chair
Adjunct Professor, Elisabeth Haub School of Law, Pace University
Mobile number: 914-356-0723
Upcoming Events
Past Events Highlights
How To Handle Legal Issues As A Healthcare Provider Dealing With Covid-19, Including Privacy, Employment Issues & Telemedicine (Webinar)
Privacy, employment issues and telemedicine
Long Term Care In COVID-19: Navigating Legal, Medical And Ethical Issues For Providers And Older Adults (Webinar)
This program will address the challenges presented by COVID-19 in the long-term care environment from both provider and older adult care recipient perspectives. Drawing on…
Immunities In The Face Of The COVID-19 Human Rights And Public Health Crisis (Webinar)
Earlier this year, the NYSBA Health Law Section convened a Task Force to develop a report to highlight and discuss the unique legal and ethical…
Online Community
Health Law Journal
The 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. Also included are regular features on recent cases, legislation and publications, as well as updates on Section activities. Edited by Robert N. Swidler, 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, JD
Phone: 212-998-7065
Email: [email protected]
Health Law Journal - Winter 2020
A publication of the Health Law Section of the New York State Bar Association. Can’t see this edition? Please view it here.
Health Law Section Reports
May 13, 2018
Presented to the House of Delegates on June 13th.
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.
September 2009
Summary Report on Healthcare Costs: Legal Issues, Barriers and Solutions
Health Law Section Committee
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E-Health And Information Systems Committee
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Ethics Of Health Care Committee
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Executive Committee (Health Law)
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Fall Meeting Planning Committee (Health Law)
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Health Law Continuing Legal Education
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Health Law Nominating Committee
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Health Professionals Committee
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Hls: Health Law Industry Contact List
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Hls: Managed Care and Insurance
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Hls: Special Committees on Committees
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Legislative Committee (Health Law)
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Litigation Committee (Health Law)
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Long-Term Care Committee
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Medical Research And Biotechnology Committee
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Membership Committee (Health Law)
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Minority Summer Fellowship Recipients
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Payment, Enforcement, And Compliance Committee
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Professional Discipline Committee (Health Law)
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Providers And In-House Counsel In Health Care Committee
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Public Health Committee
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Telehealth and Telemedicine
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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.
01/07/09 – Ability of Physician Assistants to Engage in Medical Practice
12/05/08 – Legal Opinion Re: the Phrase “Therapeutic Device” from Pharmacy Services
12/01/08 – Legal Opinion Re: Clinical Laboratory Performing Technical and Management Services
08/25/08 – NYCDOHMH Newborn Home Visiting Program
03/28/08 – Practices of the Canandaigua Lake Water Commission
02/25/08 – Plastination and the Exhibition of Plastinated Bodies
04/16/07 – DOH Response to Disclosure of HIV Related Information
02/07/07 – Authorization to Disclose Patient Information
10/20/06 – Access to Patient Information
07/24/06 – Disposition of Remains
03/21/06 – Billing for Services Performed in Physicians Offices
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
10/08/03 – New Operators for Purposes of Nursing Home Rate Rebasing
09/02/03 – Quarantine Powers of Local Health Officers and Local Boards of Health
07/23/03 – Classification of Human Chorionic Gonadotrophin
07/23/03 – Laboratory Use of Contractor
07/23/03 – Fee Arrangements Between a Physicial and Midwife
11/19/99 – State Stark (MRIs)
07/28/99 – State Stark
4/26/99 – State Stark – Lease Between Referral “Partners”
04/29/98 – State Stark (Physician Office Lab and Risk Contract for courtesy services
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)
08/07/96 – Lithotripsy – CON/Anti-Kickback and Corporate Practice
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
02/01/96 – Out of State HMO Contracting with In-State MDs
11/21/95 – State Stark – Shared Services
10/25/95 – PHO/PPO Licensing Issues
09/25/95 – IME
08/14/95 – MD/Chiropractor Relationship
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
01/18/95 – State Stark
10/25/94 – IME for Insurance Companies
07/11/94 – IME
06/13/94 – Fee Splitting – Administrative Services
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
03/27/89 – Fee Splitting (Physician Ownership of Entities to which they Refer Limits on PC Activities)
10/25/88 – PHL 4501 (For-Profit Medical Referral Service Prohibited
Legal Links of Interest
1. Health Care/Legal Periodicals and Journals
New York Law Journal
National Law Journal
Reuters Health Care New
CNN Health News
2. Health Law Search Engine and Information Sites
Findlaw – Health
Med Law Web Site
Health Law Web Site
Cornell Law School
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.
Insurance Regulations
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
Dormitory Authority
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.
New York State Government Information Locator Service
New York State Government Telephone Directory
Office of Professional Medical Conduct
– Use this page to search for physician and PA disciplinary actions since 1992.
Department of Taxation and Finance
New York State Office of Mental Health
– 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.
New York State Attorney Directory
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
U.S. Code
Code of Federal Regulations
Federal Register
Congressional Record
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
GAO Reports
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
Second Circuit
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
Legal 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
JCAHO
Hospital Web
National Alliance for the Mentally Ill
11. Medical and Health Policy Journal Sites
New England Journal of Medicine
Journal of the American Medical Association
Health Affairs
12. Special Topic Sites
Bioethics
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
Compliance
American Compliance Institute
HCA Compliance Materials
Health Care Compliance Association
HHS Office of Inspector General
National Health Care Anti-Fraud Association
Elder Law
NYSBA Elder Law Section
Health Care Internet
U.S. Government site on ecommerce
Center for Democracy and Technology
Human Subjects Research
Privacy/HIPAA
HHS Office for Civil Rights
Institute for Health Research and Privacy
13. Consumer Information Sites
Consumer Rights
Medicare Rights Center
Patient Rights in NYS
Health Information Sites
Achoo Consumer Medical Information
DrKoop
Health Accountability Organization
Health A to Z
Health Directory
HealthExplorer
Healthfinder
HealthGate
Kidshealth
Medicinenet
Medscape
WebMD
Program Archives
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