Publication: Health Law Journal

In the New York State Agencies

6/14/23: Voluntary Certification of Recovery Residences in New York State Notice of Proposed Rule Making. The Office of Alcoholism and Substance Abuse Services proposed to add Part 860 to Title 14 N.Y.C.R.R. to establish requirements for recovery residences certified by the Office of Addiction Services and Supports (OASAS). See N.Y. Register June 14, 2023. Gender Identity and … Continued

In the Legislature

The new legislative session is almost underway, with early indications that the Governor and Legislature will face fiscal challenges with a projected budget deficit of almost $9 billion for State Fiscal Year 2025 (FY 25). As health care expenditures represent a significant portion of the State budget, any deficit closing measures are anticipated to impact … Continued

In the Law Journals

A compendium of citations to recent topics published in health law journals An Epidemic in Enforceability: A Growing Need for Individual Autonomy in Health Care Data-Privacy Protection in an Era of Digital Tracking, Madeline Knight, 25 Vand. J. Ent. & Tech. L. 749 (2023). An Overlooked Argument for A Single-Payer Healthcare System: Eliminating Misalignment Among … Continued

For Your Information

As I sat down to pen my thoughts for this column on the concept of healthcare during the current Israelis/Hamas “unprovoked” war, news of the bombed hospital in Gaza was making all the headlines! I took this as an “ironic sign” that I was on the right track to give the healthcare of the situation … Continued

Editor Announcement

I am very excited to announce the appointment of the Editorial Board to the NYSBA Health Law Journal (the Journal), please see below members of the Editorial Board. Editorial Board Mary Beth Morrissey, Yeshiva University Christine Moundas, Partner, Ropes and Gray Danielle Tangorre, Partner, Robinson & Cole Robert Swidler, recently retired as general counsel to … Continued

Article 45-A of the New York State Public Health Law

Disclosure of Material Transactions SECTION 4550 Definitions Public Health (PBH) CHAPTER 45, ARTICLE 45-A § 4550. Definitions. For the purposes of this article, the following terms shall have the following meanings: “Control” means the possession, direct or indirect, of the power to direct or cause the direction of the management, administrative functions, and policies of … Continued

A Patchwork Framework: A Range of State Health Care Transaction Review Laws Emerges

Introduction Effective August 1, 2023, New York joined at least twelve other states in enacting legislation increasing oversight of health care transactions.1 Over the last decade, beginning in Massachusetts, states have passed legislation that increases reporting, notice, and approval requirements for health care transactions. Of significance, these laws and regulations involve health care transactions and health … Continued

A Message From the Section Chair

I want to extend a very Happy New Year to everyone. We are looking forward to another exciting year of sharing ideas through legal education, advocacy and networking. The health care industry is facing ongoing struggles with, for example, workforce challenges post-pandemic, as well as clinical practice expansions using innovations and artificial intelligence. The Health … Continued

In the Legislature

The New York State Legislature concluded its 2023 legislative session in early June. The legislative session most notably resulted in an agreement on a record $229 billion budget, albeit over a month late, as well as the passage of several bills of significance, including legislation to: seal criminal records; modify campaign finance laws and move … Continued