On November 3, 2022, the Health Law Section hosted a retrospective on the work of Assemblyman Richard N. Gottfried, who retired after 52 years, 35 years of which have been spent as Chair of the Assembly Health Committee. Health care lawyers and industry leaders participated in a series of panels organized by subject matter, offering … Continued

Some of you may not know that since May 1, 2022, I was suddenly stricken with a serious illness that left me unable to use my legs and feet. Thus, I have subsequently been in either a hospital or hospital-like setting since May. The good news is that in late December 2022 through the early … Continued

I. Introduction Nearly 20 years ago in 2004, New York State Assemblymember Richard N. “Dick” Gottfried provided testimony2 supporting marriage equality. In the current political and social climate we confront today, his words have renewed resonance: “Stable family relationships help build a stronger society. For the welfare of the community and fairness to all New Yorkers, … Continued

In 2022, Assemblymember Richard N. Gottfried, New York’s longest-serving legislator and the Chair of the Assembly Health Committee since 1987, announced he had decided not to run for reelection. To mark the occasion, on November 3, 2022, the New York State Bar Association’s Health Law Session held a full-day program to examine the impact of … Continued

Hello, colleagues! It is my pleasure, as the chair of the Health Law Section, to welcome you to this edition of the Health Law Journal. And I am especially pleased to note that, after two long years of virtual meetings and events, 2022 has been the year we finally started getting back to business in person. … Continued

Introduction On July 1, 2022, the New York Office of Medicaid Inspector General (OMIG) published a Notice of Proposed Rulemaking in the New York State Register titled Medicaid Program Fraud, Waste, and Abuse Prevention.1 OMIG proposed these regulations to implement recommendations made by the Department of Health’s Medicaid Redesign Team II (described further below). The proposed rules … Continued

New York State Department of Health Medicaid Decisions Compiled by Dena M. DeFazio Queens Center for Rehab and Residential Health care (Decision After Hearing, August 5, 2022, Ann Gayle, ALJ) Appellant is a 179-bed residential health care facility (RHCF) in Whitestone, New York. The New York State Office of the Medicaid Inspector General (OMIG) initiated … Continued

In Dobbs v. Jackson Women’s Health Organization, the U.S. Supreme Court held, “the authority to regulate abortion is returned to the people and their elected representatives.” States are wielding that authority at breakneck pace, which is not surprising given the extreme politicization of abortion services. What is noteworthy is the intensifying conflict between states that oppose abortion … Continued

Eastern District of New York Dismisses Constitutional and Title VII Challenge to the New York State COVID-19 Vaccine Mandate for Health Care Workers Does 1-2 v. Hochul, No. 21 Civ. 5067, 2022 WL 4637843 (E.D.N.Y. 2022). On Aug. 26, 2021, the New York State Department of Health adopted an emergency regulation, codified at 10 N.Y.C.R.R. … Continued