Earlier this Summer, the Court of Appeals overturned the Appellate Division Third Department’s (the “Third Department”) unanimous decision in The Matter of Anonymous v. Molik, where it
New York Health Law
The New York Health Law blog, published by Farrell Fritz, P.C., focuses on legal issues related to health care regulation and policy in New York State. It covers topics such as compliance with state and federal health laws, Medicaid and Medicare program developments, health equity initiatives, regulatory enforcement actions, and litigation involving health care providers and facilities. The blog also addresses matters like the Anti-Kickback Statute, False Claims Act cases, health care fraud, and administrative waivers impacting health care delivery. It provides updates on court decisions, regulatory changes, and government programs affecting health care law and policy in New York.
Latest from New York Health Law - Page 4
Second Circuit Answers First-To-File Question: Amended Complaint Cannot Save Later-Filed FCA Action
In United States ex rel. Wood v. Allergan, Inc., the Second Circuit addressed the issue of whether a violation of the False Claims Act’s “first-to-file” rule compels dismissal of an action or whether it can be cured by the…
Community Health Centers Receive Quality Improvement Grants
Just over one year ago, I wrote about the Department of Health and Human Service’s (“HHS”) $105 million award to support 1,333 federally qualified health centers (“Health Centers”) across the United States improve the quality of comprehensive care provided…
New York Creates Workgroup for Regulated Adult-Use Marijuana
This post is written in connection with my colleague Vanessa Bongiorno’s recent post, where she eloquently summarized the New York Department of Health’s (“DOH”) findings of the multi-agency study on the impact of regulated adult-use marijuana in New…
DOH Issues Request for Information for New LHCSA Need Methodology
As we previously reported, the 2018-19 New York State Budget passed in March includes significant provisions intended to reduce the number of Licensed Home Care Services Agencies (LHCSAs) around the state. Among these provisions are a two-year moratorium on…
“Able New York”: The Latest ADA-Related Initiative May Create New Requirements for Long Term Care Providers
NY Court of Appeals Rejects Hospital’s Bid To Cloak Allegedly Defamatory FDA Investigation Statements With Absolute Immunity
The recent New York Court of Appeals decision in Stega v. New York Downtown Hospital provides strong support for defamation claims arising out of witness testimony in investigations and quasi-judicial hearings. In Stega, the Court held that statements made in…
NYS Department of Health Report Green Lights Legalization of Marijuana
In January 2018, during the Executive budget address, Governor Cuomo directed the Department of Health (DOH) to review the health, criminal justice and economic impacts of regulating recreational marijuana in New York. In doing so, he requested DOH to…
Legislation Affecting Public Health
This post marks the end of our series on recent activity by the New York State Legislature in the health sector (introduced here), and follows posts on legislation impacting the pharmaceutical industry (here), hospitals (here…
Legislation Affecting Services for People with Intellectual and Developmental Disabilities
Our series highlighting recent activity by the NYS Legislature (introduced here) continues with a recap of bills passed in 2018 that relate to intellectual and developmental disabilities (I/DD). This synopsis follows previous summaries we have done concerning the pharmaceutical…
