Publication: Health Law Journal

In the New York State Agencies

COVID-19 Masking Program Notice of Emergency Rule Making. The Office of Mental Health added Part 556 to Title 14 N.Y.C.R.R. to implement COVID-19 Mask Program. Filing Date: Feb. 14, 2022. Effective Date: Feb. 14, 2022. See N.Y. Register Mar. 02, 2022. Telehealth Expansion Notice of Emergency Rule Making. The Office of Mental Health amended Part 596 of … Continued

In the Legislature

The New York State Legislature concluded its 2022 Legislative Session in early June. The legislative agenda was largely influenced by current external events, including the leaked draft U.S. Supreme Court decision that would overturn Roe v. Wade, the mass shootings that occurred both in New York and nationally, and the New York State Court of Appeals decision … Continued

In the Law Journals

A Global Pandemic Treaty Must Address Antimicrobial Resistance, Lindsay A. Wilson et al., 49 J. of L., Med. & Ethics, 688-691 (2021). A Reliability Check on Expert Witness Testimony in Medical Malpractice Litigation: Mandatory Medical Simulation, Julie L. Campbell, 31 Health Matrix 1 (2021). A Truly Modern Prometheus: Law and Policy at the Brink of A Genetic Revolution, … Continued

Guidance on How the HIPAA Rules Permit Covered Health Care Providers and Health Plans To Use Remote Communication Technologies for Audio-Only Telehealth

U.S. Department of Health and Human Services1 Covered health care providers and health plans (covered entities)2 can use remote communication technologies3 to provide audio-only telehealth4 services when such communications are conducted in a manner that is consistent with the applicable requirements of the Health Insurance Portability and Accountability Act of ١٩٩٦ (HIPAA) Privacy, Security, and Breach Notification Rules … Continued

Brendan Parent, Benjamin Sundholm and Robert Swidler

“We must find time to stop and thank those the people who make a difference in our lives.” – John F. Kennedy As a growing professional, there are some people in one’s life that make a lasting impact. For me, both former Editors-in-Chief Robert Swidler and Brendan Parent, have been such people. Both have served … Continued

The Empire State Bioethics Consortium: A Collaborative Response to Health Care Ethics Challenges of the Pandemic and More

Introduction The Empire State Bioethics Consortium (ESBC) is a new not-for-profit organization for health care ethics professionals across New York State. Initially formed in response to the COVID-19 pandemic, its mission extends beyond pandemic-related ethical issues: to identify and respond to health-related ethical issues faced by individuals, families, populations, and communities throughout New York State, … Continued

A Civil Rights Lawyer’s Perspective on COVID-19 Mandates in New York State During the Pandemic

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

In the New York State Courts

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