Publication: Health Law Journal

Racial Inequities in Maternal Health

Introduction Black women in the United States experience disproportionately high rates of maternal morbidity and mortality in comparison to other groups, with white women being almost three times less likely to experience pregnancy-related deaths than Black women.1, 2 More than a decade of research has consistently documented racial disparities in maternal mortality and morbidity rates across groups. … Continued

Private Equity Ownership: A Pressing Concern for Maternal Health Outcomes

Private equity ownership has infiltrated almost every sector of the health care industry and is associated with a harmful impact on patient costs as well quality of care.1, 2 These for-profit entities prioritize profit maximization and usually have a short three to five-year turnover period to resell and to satisfy high-interest payments and debts associated with private … Continued

Patient Care Decision Tools: Protections Against Discrimination in Final Rule Revisions to Section 1557 of the Affordable Care Act

Introduction This commentary highlights a major vulnerability facing medicine and the health care industry. Community clinics, hospitals, large health systems, health plans, professional medical societies, medical schools, and individual medical professionals must begin to confront published patient-care decision support (CDS) tools and practice guidelines that recommend separate and unequal care based on a patient’s race. … Continued

New York State Fraud, Abuse and Compliance Developments

New York State Department of Health Medicaid Decisions Compiled by Ron L. Oakes National Seating & Mobility, Inc. (Decision After Hearing, May 6, 2024, John Harris Terepka, ALJ) Appellant is a durable medical equipment (DME) and medical/surgical supplies provider. In December of 2020, the New York State Office of the Medicaid Inspector General (OMIG) initiated … Continued

In the New York State Agencies

1/24/24: Admission and Discharge Criteria for Psychiatric Inpatient Units of General Hospitals Notice of Proposed Rule Making. The Office of Mental Health proposed to amend Part 580 of Title 14 N.Y.C.R.R. to standardize admissions and discharges. See N.Y. Register January 24, 2024. Admission and Discharge Criteria for Comprehensive Psychiatric Emergency Programs Notice of Proposed Rule Making. The … Continued

A Message From the Section Chair

Summer greetings! Permit me at the outset to share that I am so very honored to assume the role of chair of the New York State Bar Association Health Law Section this June. I have enjoyed many wonderful and enriching years as a member of the Section and member and past chair and co-chair of … Continued

Introduction to Special Issue

Entanglements of Law, Jurisprudence, and Science and Their Contributions to Structural Racism and Disparate Treatment in Black Maternal Health The New York State Bar Association Health Law Section is pleased to provide our members, audiences, and communities with this Health Law Journal Special Issue devoted to the public health crisis of maternal health and maternal … Continued

In the Legislature

The New York State Legislature concluded the 2024 Legislative Session in early June, marked by another extended budget negotiation cycle, leaving legislators with a shortened timeline to advance policy in the final weeks remaining in session. The legislative session most notably resulted in an agreement on a record $237 billion budget as well as the … Continued

In the Law Journals

A compendium of citations to recent topics published in health law journals A Loophole in the Fourth Amendment: The Government’s Unregulated Purchase of Intimate Health Data, Rhea Bhatia, 98 Wash L Rev Online 67 (2024). Addressing Mental Health in Young Adults: A Modern Approach Compared to Previous Generations, Breeha Shah, 25 DePaul J. Health Care … Continued

In the New York State Courts

Southern District of New York Reaffirms that ERISA Does Not Completely Preempt Out-of-Network Providers’ State Law Claims Against Health Plan Administrators Based on Pre-Service Promises of Payment Jenkins v. Aetna Health Inc., No. 23 Civ. 9470, 2024 WL1795488 (S.D.N.Y. Apr. 25, 2024). Plaintiffs, including a neurosurgeon and his private practice, brought this action against Aetna, … Continued