Publication: Health Law Journal

Shaken Baby Syndrome Theory in a Neglect Case: A Biomechanical Condition That Is (Wrongly) Diagnosed by Physicians

By

Introduction Biomechanics is defined as the study of “the mechanics of biological and especially muscular activity.”1 According to the American Association of Orthopaedic Surgeons, biomechanics is the branch of science that deals with the effects of energy and forces on biological systems.2 Biomechanicists began writing about Shaken Baby Syndrome theory (SBS) as early as 1971, building … Continued

Recent Topics in Health Law Journals

By

A Finger in the Dike: Mobilizing State Health Care Transaction Notification and Corporate Practice of Medicine Laws To Scrutinize Private Equity Investment in Health Care, White et. al., 57 Ariz. St. L.J. 627 (2025). A Post-Dobbs World: More Than One Right to Privacy Under Attack, Sarah Jane Catarozoli, 36 UC Law SF J. on Gender … Continued

In the New York State Agencies

By

6/11/25 Safety of Infant Formula Distributed Under the NYS Women, Infants and Children (WIC) Program Notice of Proposed Rule Making. The Department of Health proposed to amend Subpart 60-1 of Title 10 NYCRR to provide the Department with the authority to disqualify food suppliers that do not comply with safety requirements. See N.Y. Register June 11, 2025. … Continued

In the Legislature

By

With the passage of the One Big Beautiful Bill Act (OBBBA or H.R.1) this past July, along with significant shifts in health policy at the federal level, we expect that health care policy will again be a primary focus area in the 2026 legislative session. The Legislature and governor will face challenging decisions regarding allocating … Continued

In a Case of First Impression, Circuit Court Affirms EKRA Conviction for Improper Payments to Marketers, Borrowing From AKS Precedent

By

In one of the few prosecutions based on the Eliminating Kickbacks in Recovery Act (EKRA), and in an even rarer Court of Appeals opinion interpreting the statute, the Ninth Circuit in United States v. Schena, No. 23-2989, 2025 WL 1910064 (9th Cir. July 11, 2025) recently affirmed an EKRA jury conviction of a laboratory operator based … Continued

For Your Information

By

As this column is being written, our country is experiencing a government shutdown that is in its second week. Our government has managed to broker a 20-point peace plan between Palestine and Israel within the last two weeks; how ironic that the White House and Congress cannot seem to find common ground, but the White … Continued

Federal Interoperability Initiatives and Opportunities for New York State Participation

By

I. Introduction For more than a decade, the U.S. Department of Health and Human Services (HHS) has aimed to increase health care provider adoption of universal Certified Electronic Health Record Technology (CEHRT) to improve access to electronic health information by patients and their treating providers.1 In recent years, HHS has advanced initiatives that include additional sharing, … Continued