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

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

Introduction The New York State Bar Association Health Law Section made an important decision in Fall 2022 in choosing to devote its Fall CLE Program Agenda to Assemblymember Richard Gottfried and his storied career in the New York State legislature. In this article, we highlight Dick Gottfried’s leadership in shaping palliative care policy in New … Continued

INTRODUCTION In New York State, governmental oversight and enforcement functions play a major, and unique, role in the health care industry—both in terms of the amount of government funding at stake and the complex web of oversight and enforcement bodies. These functions help to ensure that consumers have appropriate access to high-quality health care, and … Continued

Hello Colleagues, Welcome to this Special Edition of the Health Law Journal! It began with an idea: to recognize Assemblymember Richard Gottfried, New York’s longest serving legislator, on the eve of his retirement from the Legislature. For 35 of his 52 years in office, Dick Gottfried had chaired the Assembly Health Committee, and in that role … Continued

Thank You, Melissa The editor, the Barclay Damon team and NYSBA wish to thank Melissa Zambri for her many years of service as the editor of this column. Melissa has thoughtfully edited this column since Fall 2010, and her many years of service to the State Bar’s Health Law Section are appreciated. Melissa is a … Continued

Second Circuit Upholds HHS Advisory Opinion That Pfizer’s Proposed Co-Pay Assistance Program for Medicare Beneficiaries Would Violate the Anti-Kickback Statute Pfizer, Inc. v. U.S. Dep’t of Health & Human Servs., 42 F.4th 67 (2d Cir. 2022) Pfizer, Inc. is the manufacturer of tafamidis, the only drug currently approved by the U.S. Food and Drug Administration … Continued

Notice of Expiration The following notice has expired and cannot be reconsidered unless the Office of Mental Health publishes a new notice of proposed rulemaking in the NYS Register: COVID-19 Masking Program: I.D. No. OMH-40-21-00007-EP. Proposed Date: October 06, 2021. Expiration Date: October 06, 2022. See N.Y. Register October 26, 2022. Notice of Expiration The following notice … Continued

The 2023 legislative session started with several significant changes from the prior year, which are anticipated to have an impact on both the State Budget process and approach to the legislative session. While there was no change at the gubernatorial level, the 2023 session represents Governor Kathy Hochul’s first year under a four-year term as … Continued

A compendium of citations to recent topics published in health law journals 50 Years After Willowbrook: Mental Disabilities and the Law in New York, Sheila E. Shea & Joseph A. Glazer, N.Y. St. B.J., at 17 (January/February 2023) A Delicate Balance: Rethinking the Physician’s Role in Physician Aid-in-Dying, Jaclyn Warwick, 12 UC Irvine L. Rev. … Continued