Publication: Health Law Journal

The Repeal of New York’s Do Not Resuscitate Law: A Technical Clean-up Bill – And an Occasion for Reflection

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In the 2023 session, the New York State Legislature passed a bill to repeal New York’s landmark 1987 Do-Not-Resuscitate (DNR) Law.1 As of this writing, the bill is awaiting signature by the governor. This is a noncontroversial and helpful technical clean-up bill and should promptly be signed into law. The 1987 DNR Law originally applied to … Continued

Religious Vaccine Exemptions for Health Care Workers – Autonomy or Maleficence?

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I. Introduction The COVID-19 pandemic pushed the American medical system to its limits.1 Although the pandemic continues to affect the lives of many Americans, a new tool to prevent infection and spread exists today: the COVID-19 vaccine.2 Though the effectiveness of the vaccine is well documented,3 there remains significant resistance to vaccination among several groups of Americans.4 One of … Continued

New York State Fraud, Abuse and Compliance Developments

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Edited by Margaret M. Surowka, compiled by various attorneys at Barclay Damon as indicated within column New York State Department of Health Medicaid Decisions Compiled by Dena M. DeFazio and Ron L. Oakes Whittier Rehabilitation and Skilled Nursing Center (Decision After Hearing, May 11, 2023, John Harris Terepka, ALJ). Appellant is a residential health care … Continued

Meet the 2023 Summer NYSBA Diversity Health Law Fellows

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My name is Bernard Robert and I’m from Long Island, New York. I’m first generation Haitian-American and currently live in Queens, New York. Health care has always been an interest of mine. I studied health information technology at Stony Brook University and volunteered as an emergency medical technician (EMT) at my local fire department. I … Continued

In the New York State Courts

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Second Department Holds That Residency Contract Disputes Are Subject to the Two-Step Grievance Process of Public Health Law § 2801-b Khass v. New York Presbyt. Brooklyn Methodist Hosp., 213 A.D.3d 824 (2d Dep’t 2023) Plaintiff was a medical student at the Saint George’s University School of Medicine (the university). Prior to graduating, plaintiff applied to, … Continued

In the Law Journals

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A compendium of citations to recent topics published in health law journals A Framework for Assessing Whether Civil Penalties Under the False Claims Act Violate the Excessive Fines Clause of the Eighth Amendment, Joel D. Hesch, 91 U. Cin. L. Rev. 1012 (2023). America Is Tripping: Psychedelic Pharmaceutical Patent Reforms Fostering Access, Innovation, and Equity, … Continued

In the New York State Agencies

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2/15/23 Charges for Professional Health Services Notice of Adoption. The Department of Financial Services amended Part 68 (Regulation 83) and Appendix 17-C to Title 11 N.Y.C.R.R. regarding the charges for Professional Health Services to establish schedules of maximum permissible charges for professional health services payable as no-fault insurance benefits. The regulation states in part that … Continued

Intersex Infants and Unjustified Surgical Intervention

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I. Introduction Providing sex-altering surgery to infants who are born with ambiguous genitalia has been fiercely debated.1 Infants born with ambiguous genitalia have external organs that resemble neither the male nor female sex.2 There are surgical techniques that make it possible to alter the physical appearance of these infants to create a “normal” looking appearance.3 At the time … Continued

For Your Information

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On June 8, 2023, the United States Supreme Court affirmed the Seventh Circuit in a 7-2 decision that upheld the right of public nursing home residents and safety-net program recipients to enforce their rights in court; the opinion was written by Justice Jackson. In Health and Hospital Corporation of Marion County v. Talevski,1 defendant (through his wife) brought … Continued