Publication: Health Law Journal

Prescription Drug and Health Care Spending Interim Final Rule With Request for Comments

On November 17, 2021, the Department of Health and Human Services (HHS), together with the Department of Labor (DOL) and the Department of the Treasury (collectively, the Departments), as well as the Office of Personnel Management (OPM), released an interim final rule with request for comments (IFC), entitled “Prescription Drug and Health Care Spending.” This IFC … Continued

New York State Fraud, Abuse and Compliance Developments

New York State Department of Health Medicaid Decisions1 Compiled by Margaret M. Surowka and Samuel D. Chubb Staten Island Care Center (Decision After Hearing, April 21, 2021, John Harris Terepka, ALJ) Appellant is a 300 bed residential health care facility (RHCF) that challenged a claims audit conducted by Health Management Systems, Inc. (HMS), as an … Continued

Message From the Section Chair

Dear Colleagues, I would like to share some recent events and initiatives to keep you up to date and perhaps entice you to get involved and take advantage of the benefits Section membership offers. Fall Meeting Although we anticipated that we would be holding our Fall Meeting in person and getting reacquainted after a year … Continued

In the New York State Courts

Second Circuit Vacates Preliminary Injunction Enjoining New York State COVID-19 Vaccine Mandate for Health Care Workers We The Patriots USA, Inc. v. Hochul, 2021 WL 5121983 (2d Cir. Nov. 4, 2021), opinion clarified, 2021 WL 5276624 (2d Cir. Nov. 12, 2021). In two actions commenced in the United States District Courts for the Northern and Eastern … Continued

In the New York State Agencies

Public Adjusters Notice of Adoption. The Department of Financial Services amended Part 25 (Regulation 10) of Title 11 N.Y.C.R.R. to update the rule regarding public adjusters, including to conform to chapter 546 of the Laws of 2013. Filing Date: July 27, 2021. Effective Date: August 10, 2021. See N.Y. Register August 11, 2021. Abortion Services Notice of … Continued

In the Law Journals

23ANDPLEASEDONOTDENYME: The Insurance Coverage Backlash Consumers Suffer When Human Identity Becomes a Commodity, Megan A. Rogers-Hasie, 39 Miss. C. L. Rev. 80 (2021). A Guardian’s Authority to Consent to DNR/DNI Orders in Massachusetts, Peter M. Macy, 102 Mass. L. Rev. 117 (August 2021). A Malpractice-Based Duty to Disclose the Risk of Stillbirth: A Response to … Continued

For Your Information

Greetings and best wishes for the New Year! Below are items you may find interesting: 1) On September 10, 2021, the Office for Civil Rights (OCR) within the United States Department of Health and Human Services1 announced the resolution of its 20th investigation settlement regarding the Health Information Portability and Accountability Act (HIPAA) Right of Access … Continued