During the most recent COVID-19 surge, overcrowded and understaffed hospitals were forced to consider transferring inpatients to other hospitals—whether or not the transferred patient or family consented to the transfer. On December 21, 2021, the New York State Department of Health issued a remarkable “Dear CEO Letter,” authorizing such transfers subject to various requirements.1 This article … Continued

When I was asked by the Journal editors to add my thoughts to an appreciation of Robert Swidler’s contributions to the Health Law Section and to the creation and preservation of the Health Law Journal, I was reminded of how long I have had the pleasure of knowing him and collaborating with him on a whole host of … Continued

Recently, this Journal featured the final columns of two of the Journal’s longest-lasting columnists: Len Rosenberg and Jim Lytle. The Journal began featuring their columns in the 1999 Summer/Fall edition, the first Journal edition to feature regular columns. They (along with Frank Serbaroli, author of In the Agencies) have faithfully written for the Journal for over 22 years—more than 66 editions! Len Rosenberg, a longstanding … Continued

New York State Department of Health Medicaid Decisions1 Compiled by Margaret M. Surowka and Samuel D. Chubb Speedy Medical Transport 1, LLC (Decision, January 6, 2022, Jean T. Carney, ALJ) Appellant is an ambulette and transportation provider. At issue in this hearing was a data match audit of Medicaid claims for ambulette services for the … Continued

I started my tenure as Chair with great hope and excitement that 2021 would be the year that we would resume in-person meetings and events and get reacquainted after a year of quarantine. Unfortunately, that did not come to pass, which was disappointing for all of us. However, the Section forged on with online meetings, … Continued

Notice of Expiration The following notices have expired and cannot be reconsidered unless the Office of Alcoholism and Substance Abuse services publishes a new notice of proposed rulemaking. (i) Patient Rights: I.D. No. ASA-28-20-00013-RP. Proposed on July 15, 2020. Expired on October 22, 2021. (ii) Designated Services: I.D. No. ASA-28-20-00016-RP. Proposed on July 15, 2020. … Continued

In late 2021, all signs indicated that the 2022 legislative session would transition back to resembling a traditional session. As with most transition plans, the rise of the Omicron variant disrupted this planning. On December 26, 2021, Governor Kathy Hochul issued Executive Order No. 11.1, granting the New York State Senate and Assembly the discretion … Continued

A Survey of Three Patient-Based Approaches That May Play a Role in Drug Prices, Megan Fuller, 18 Ind. Health L. Rev. 397 (2021). Am I My Cousin’s Keeper? A Proposal to Protect Relatives of Genetic Database Subjects, Robert I. Field, Anthony W. Orlando, and Arnold J. Rosoff, 18 Ind. Health L. Rev. 1 (2021). Anti-Vaccine … Continued

Greetings! I trust all is well with you. This column is being prepared as the country celebrates Negro History Month, with Women’s History Month on the horizon. I hope you find the following couple of items interesting: Recently, I was invited to attend a virtual presentation by the Deputy Chief Executive Officer of GAVI, the … Continued

Cite as: 595 U.S. ___ (2021) GORSUCH, J., dissenting Supreme Court of the United States No. 21A145 DR. A. et al., APPLICANTS v. KATHY HOCHUL, GOVERNOR OF NEW YORK, et al. On Application for Injunctive Relief [December 13, 2021] The application for injunctive relief presented to JUSTICE SOTOMAYOR and by her referred to the Court is denied. … Continued