Since the Eliminating Kickbacks in Recovery Act (EKRA) was enacted in October of 2018, health care attorneys have been waiting for further clarification on the reach of the statute. EKRA has striking similarities to the Anti-Kickback Statute (AKS), but it also deviates from the AKS in significant ways. Unlike the AKS that only applies to … Continued

As a civil rights practitioner who personally believes that vaccination is a vital tool for protecting society against viruses such as COVID-19, I ask myself: What “civil liberties” are we talking about regarding COVID-19 mandates? COVID-19, especially in its original and Delta variant versions, is a deadly disease. Fighting the COVID-19 virus has become, it … Continued

Southern District of New York Bans Martin Shkreli from Pharmaceutical Industry for Life and Orders the Disgorgement of $64 Million in Ill-Gotten Profits Fed. Trade Comm’n v. Shkreli, No. 20 Civ. 706, 2022 WL 135026 (S.D.N.Y. Jan. 14, 2022). Martin Shkreli achieved infamy in 2015. After acquiring the rights to Daraprim – a life-saving anti-parasitic … Continued

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