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Publication: Health Law Journal

Federal Interoperability Initiatives and Opportunities for New York State Participation

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

For Your Information

A Few Informational Highlights *The theme for this Journal is digital health, which begs the question, What is Digital Health? According to “Continuum” of CareCloud.com, digital health and/or digital healthcare (DH) refers to a broad multidisciplinary concept reflecting the intersection of technology and healthcare. DH necessarily includes wearable technology, telemedicine, mobile health (mHealth) apps, electronic … Continued

In the Legislature

As of this writing, the 2024 presidential election and state general election are well underway for all 26 seats in the U.S. House of Representatives, all 63 seats in the New York State Senate and all 150 seats in the New York State Assembly. In New York, the outcome of the general election is unlikely … Continued

In the New York State Agencies

Minimum Standards for Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure Notice of Adoption. The Department of Financial Services amended Part 52 (Regulation 62) of Title 11 N.Y.C.R.R. to comport with changes made to Insurance Law § 1117 by Chapter 655 of the Laws of 2023. Filing Date: May … Continued

In the New York State Courts

First Department Rules That Health Care Providers Must Offer Conclusive Evidence That the Plaintiff’s Care Was Specifically Impacted by Their Response to the COVID-19 Pandemic in Order To Assert Immunity Under the EDPTA on a Motion To Dismiss Holder v. Jacob, 216 N.Y.S.3d 134 (1st Dep’t 2024) In March 2020, in response to COVID-19’s impact … Continued

Message From the Chair 

On October 21, the Health Law Section was pleased to welcome members to this year’s Fall Meeting program, chaired by Anoush Koroghlian-Scott of Lippes Mathias LLP, and Heather Butts of Columbia University Mailman School of Public Health, and held at the Gideon Putnam in Saratoga Springs. Attendees were very positive about the setting and fall … Continued

A New Era of Health Information Sharing Under the Information Blocking Regulations

Over the past thirty years, regulation of health information by federal and state governments has focused primarily on establishing privacy, security, and breach notification requirements under the Health Insurance Portability and Accountability Act of 1996, as amended (HIPAA), and various state analogs. In addition, many states have passed privacy laws focused on the confidentiality and … Continued

New Technologies, New Risks: Compliance Considerations for Practitioners and Technology Companies in Remote Therapeutic Monitoring

New and evolving technologies continue to present the health care industry with opportunities to improve patient outcomes and access to care and reduce the need for more expensive interventions. While reimbursement continues to be tight for orthopedic, physical therapy, and occupational therapy practices in New York, opportunities remain for New York practices that are willing … Continued

New York State Fraud, Abuse, and Compliance Developments

New York State Department of Health Medicaid Decisions Compiled by Ron L. Oakes Courtesy Transportation Services, Inc. (Decision After Hearing, June 20, 2024, Matthew C. Hall, ALJ) Appellant is an ambulette and transportation provider operating in New York. The New York State Office of the Medicaid Inspector General (OMIG) conducted a data match desk audit … Continued