Prescription Refills Notice of Adoption. The Department of Health amended § 505.3(d)(2) of Title 18 N.Y.C.R.R. to limit Medicaid FFS prescriptions to a maximum of 12 fills within one year from the date the prescriber initiates a prescription. Filing Date: May 24, 2022. Effective Date: June 8, 2022. See N.Y. Register June 8, 2022. Relating to the Certification, Operation … Continued

I. In complying with the corporate practice of medicine, MSOs and professional medical practices risk falling within the expansive reach of franchise regulations Consumer (i.e., patient) protection in part justifies the existence and enforcement of the corporate practice of medicine doctrine (CPOM) in New York.1 CPOM’s compliance requirements, namely the prohibition of nonprofessionals having ownership interests … Continued

According to the Commonwealth Fund1 (CF), the effect of climate change on health breaks down into six main categories: physical health, mental health, costs, equity, access, and quality.2 The floods, heat wave(s), hurricanes, and wildfires, etc. that we have seen over the last several months in the United States exact a devastating toll on communities, as well … Continued

Introduction For Maki Inada, receiving the news that her lung cancer had recurred amidst a global pandemic was almost too much to bear.1 Living in upstate New York where she teaches biology at Ithaca University, Maki knew that she was in for a brutal commute when she was directed to the world-famous Dana-Farber Cancer Institute in … Continued

Southern District of New York Rejects Challenge to FDA Exemption Allowing Use of Anti-Static Chemical Compound in Dry Food Packaging Nat. Res. Def. Council, Inc. v. U.S. Food & Drug Admin., 2022 WL 1094790 (S.D.N.Y. Apr. 12, 2022). Plaintiffs are environmental, health, and consumer protection interest groups that brought an action against the U.S. Food and … Continued

I. Introduction It is nearly impossible to separate the image of America from the country’s robust and plentiful agricultural industry. The U.S. has long been recognized and imagined as a land of “amber waves of grain” and “fruited plains.”1 However, in recent decades, the reality of the dangers inherent in commercial agricultural practices has come to … Continued

I. Introduction Physicians who administer therapeutic care to patients can also serve as research investigators for an experimental treatment when their patients are also research subjects; this is called the dual physician-investigator role.1 Although a dual physician-investigator may hold both a therapeutic and investigative relationship with a patient-subject, the duty owed to a patient in therapeutic … Continued

Sexual abuse against children is a significant problem.1 Moreover, effective treatment of child sexual abusers can often be elusive,2 and the conventional assumption is that “sexual recidivism”3 rates remain troublingly high.4 To deal with the problem of recidivism, multiple states have begun implementing chemical castration requirements for sex offenders.5 Although the history of castration is gruesome at times, the modern … Continued

New York State Department of Health Medicaid Decisions1 Compiled by Dena M. DeFazio Sprain Brook Manor Rehab, LLC (Decision After Hearing, Apr. 5, 2022, Natalie J. Bordeaux, ALJ) Appellant was a residential health care facility (RHCF) licensed under Article 28 of the Public Health Law, and located in Westchester, New York. At issue in this … Continued

Hello, colleagues! It is my pleasure, as the Chair of the NYSBA Health Law Section, to welcome you to this edition of the Health Law Journal. I am grateful to Anoush Koroghlian-Scott for her outstanding service as immediate past chair and her efforts to bring about a seamless transition. Thanks, too, to fellow officers Lisa Hayes … Continued