Summer greetings! Permit me at the outset to share that I am so very honored to assume the role of chair of the New York State Bar Association Health Law Section this June. I have enjoyed many wonderful and enriching years as a member of the Section and member and past chair and co-chair of … Continued
Entanglements of Law, Jurisprudence, and Science and Their Contributions to Structural Racism and Disparate Treatment in Black Maternal Health The New York State Bar Association Health Law Section is pleased to provide our members, audiences, and communities with this Health Law Journal Special Issue devoted to the public health crisis of maternal health and maternal … Continued
The New York State Legislature concluded the 2024 Legislative Session in early June, marked by another extended budget negotiation cycle, leaving legislators with a shortened timeline to advance policy in the final weeks remaining in session. The legislative session most notably resulted in an agreement on a record $237 billion budget as well as the … Continued
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). Addressing Mental Health in Young Adults: A Modern Approach Compared to Previous Generations, Breeha Shah, 25 DePaul J. Health Care … Continued
Southern District of New York Reaffirms that ERISA Does Not Completely Preempt Out-of-Network Providers’ State Law Claims Against Health Plan Administrators Based on Pre-Service Promises of Payment Jenkins v. Aetna Health Inc., No. 23 Civ. 9470, 2024 WL1795488 (S.D.N.Y. Apr. 25, 2024). Plaintiffs, including a neurosurgeon and his private practice, brought this action against Aetna, … Continued
A few Reproductive and/or Maternal Health Legal Highlights: On April 26, 2024, the Office for Civil Rights of the United States Department of Health and Human Services published in the Federal Register the Final Rule (Rule) regarding reproductive health privacy rights. The Rule is entitled “HIPAA Privacy Rule to Support Reproductive Health Care Privacy;1 the effective … Continued
“Of all forms of inequality, injustice in health care is the most shocking and inhuman” Dr. Martin Luther King, Jr. at the National Convention of the Medical Committee on Human Rights, Chicago 1966 In its 2020 Call to Action, the American Heart Association declared that structural racism has been and remains a fundamental cause of … Continued
Introduction Despite great advancements in modern medicine, including obstetrics and gynecology, in the United States, the maternal mortality rates remain surprisingly high. The World Health Organization defines a pregnancy-related death as: “the death of a woman while pregnant or within 42 days [(about 1.5 months)] of termination of pregnancy, irrespective of the cause of death … Continued
In Connelly v. U.S., 602 U.S. ___ (June 6, 2024), the United States Supreme Court affirmed a decision of the Eighth Circuit Court of Appeals in favor of the government concerning the estate tax treatment of life insurance proceeds that are used to fund a corporate redemption obligation under a buy-sell agreement. The specific question presented … Continued
Continuing the series on subject matter jurisdiction, this article addresses the evolution of the Surrogate’s Court jurisdiction over testamentary and lifetime trusts. Enticing and powerful alternatives to traditional estate administration, testamentary trusts retained a long history of jurisprudence in Surrogate’s Court. Lifetime trusts, however, are a relatively newer addition to the Surrogate’s Court lineup, and … Continued