The No Surprises Act (NSA) was signed into law by President Donald J. Trump on December 27, 2020 as part of the Consolidated Appropriations Act. The NSA’s major provisions went into effect on January 1, 2022. The NSA provides individuals covered under group and individual health plans protection from receiving surprise medical bills after they … Continued
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
Since the Eliminating Kickbacks in Recovery Act (EKRA) was enacted in October of 2018, health care attorneys have been waiting for further clarification on the reach of the statute. EKRA has striking similarities to the Anti-Kickback Statute (AKS), but it also deviates from the AKS in significant ways. Unlike the AKS that only applies to … Continued
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
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
During the most recent COVID-19 surge, overcrowded and understaffed hospitals were forced to consider transferring inpatients to other hospitals—whether or not the transferred patient or family consented to the transfer. On December 21, 2021, the New York State Department of Health issued a remarkable “Dear CEO Letter,” authorizing such transfers subject to various requirements.1 This article … Continued
When I was asked by the Journal editors to add my thoughts to an appreciation of Robert Swidler’s contributions to the Health Law Section and to the creation and preservation of the Health Law Journal, I was reminded of how long I have had the pleasure of knowing him and collaborating with him on a whole host of … Continued
Recently, this Journal featured the final columns of two of the Journal’s longest-lasting columnists: Len Rosenberg and Jim Lytle. The Journal began featuring their columns in the 1999 Summer/Fall edition, the first Journal edition to feature regular columns. They (along with Frank Serbaroli, author of In the Agencies) have faithfully written for the Journal for over 22 years—more than 66 editions! Len Rosenberg, a longstanding … Continued
New York State Department of Health Medicaid Decisions1 Compiled by Margaret M. Surowka and Samuel D. Chubb Speedy Medical Transport 1, LLC (Decision, January 6, 2022, Jean T. Carney, ALJ) Appellant is an ambulette and transportation provider. At issue in this hearing was a data match audit of Medicaid claims for ambulette services for the … Continued
I started my tenure as Chair with great hope and excitement that 2021 would be the year that we would resume in-person meetings and events and get reacquainted after a year of quarantine. Unfortunately, that did not come to pass, which was disappointing for all of us. However, the Section forged on with online meetings, … Continued