Issue: 2024 Vol. 29 No. 1

Taking A Closer Look: Assessing Biometric Authentication in Healthcare Settings and Beyond

Background Crises such as the Coronavirus pandemic (COVID-19) required shifts away from standard hospital protocols to ensure that lives were saved.1 These shifts required consideration of how patient privacy rights may be superseded by measures to preserve public health.2 To address the demands of the COVID-19 pandemic safeguards were curtailed or eliminated to optimize patient care and … Continued

New York State Fraud, Abuse and Compliance Developments

New York State Department of Health Medicaid Decisions Compiled by Dena M. DeFazio Warren Center for Rehabilitation and Nursing a/k/a Warren Operations Associates, LLC (Decision, September 7, 2023, Tina M. Champion, ALJ). Appellant is a residential health care facility (“RHCF”) located in Queensbury, New York. The New York State Office of the Medicaid Inspector General … Continued

In the New York State Courts

Second Circuit Upholds Connecticut Law Repealing Religious Exemptions for Mandatory School Vaccinations We the Patriots USA, Inc. v. Connecticut Office of Early Childhood Dev., 76 F.4th 130 (2d Cir. 2023) On April 30, 2021, Governor Ned Lamont signed into law Public Act 21-6 (the “Act”), which repealed Connecticut’s religious exemption to mandatory vaccinations for school … Continued

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