Issue: 2024 Vol. 29 No. 2

Non-Competes: Hurting Both Physicians and Patients Alike

I. Introduction to the Topic A physician employment contract is a detailed document that covers a physician’s compensation and expected duties and responsibilities to a prospective employer.1 It typically outlines the type of medicine to practice, the number of hours a physician is expected to work, availability, on-call hours, and outpatient care or administrative duties.2 For this … Continued

New York State Proposes New Cybersecurity Program and Incident Reporting Requirements for Hospitals

On November 13, 2023, New York Governor Kathy Hochul announced the release of proposed statewide hospital cybersecurity regulations that would require state-licensed hospitals to establish cybersecurity programs, policies and procedures (the “Proposed Regulations”).1 The Proposed Regulations feature requirements regarding cybersecurity policies and procedures, personnel, user authentication methods, security risk assessments, incident response plans, and two-hour reporting … Continued

New York State Fraud, Abuse and Compliance Developments

New York State Department of Health Medicaid Decisions Compiled by Ron L. Oakes NewCo ALP, Inc. d/b/a Island Assisted Living (Decision After Hearing, December 11, 2023, John Harris Terepka, ALJ). Appellant operates an Assisted Living Program (ALP) in Hempstead, N.Y. The New York State Office of the Medicaid Inspector General (OMIG) audited appellant’s reimbursement from … Continued

A Message From the Section Chair

Annual Meeting Kudos to Margaret J. Davino, Fox Rothchild, LLP and Daniel Weinstein, Manatt, Phelps & Phillips, LLP for another successful Annual Meeting on “Emerging Issues in Health Care.” One of the highlights of the meeting was a presentation on CMS/CMMI new innovation models by Elizabeth Fowler, Ph.D., J.D., Deputy Administrator and Director of the Center for … Continued

Legal and Regulatory Pitfalls for Laboratories and Ordering Providers: A Matter of Provider-Laboratory Collaboration and Risk

Testing by clinical laboratories is governed by myriad federal and state statutes, regulations, and administrative guidance. Laboratories are required to be licensed under the Clinical Laboratory Improvement Amendments of 1988 (CLIA). In New York, laboratories meet CLIA requirements by receiving a valid New York State permit because New York was granted exempt status by the … Continued

In the New York State Courts

Second Circuit Holds that Nursing Home Reimbursements from Medicare and Medicaid Do Not Impose Any Forward-Looking Conditions on How They Are Spent United States ex rel. Quartararo v. Cath. Health Sys. of Long Is. Inc., 84 F.4th 126 (2d Cir. 2023) Relator is a former employee of St. Catherine of Siena Nursing Home (the nursing … Continued

In the New York State Agencies

10/25/23: Contingent Reserve Requirements for Managed Care Organizations (MCOs) Notice of Adoption. The Department of Health amended Section 98-1.11(e) of Title 10 N.Y.C.R.R. to maintains the contingent reserve requirement at 7.25 percent through 2023 applied to the Medicaid Managed Care, HIV SNP and HARP programs. Filing Date: October 4, 2023. Effective Date: October 10, 2023. See N.Y. … Continued

In the Legislature

The 2024 legislative session started with Governor Hochul presenting the State of the State address and policy book, which outlined several major investments in the areas of mental health, housing, public safety and workforce. Facing both a projected $4.3 billion deficit for the upcoming state fiscal year, and the political realities of a legislature heading … Continued

In the Law Journals

A compendium of citations to recent topics published in health law journals A Loophole in the Fourth Amendment: The Government’s Unregulated Purchase of Intimate Health Data, Rhea Bhatia, 98 Wash. L. Rev. Online 67 (2024). Abortion and the Extremism of Bright Line Rules, Teneille R. Brown, 119 Nw. U.L. Rev. Online 1 (2024). Amazon’s Acquisition … Continued