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New York Vaccination Mandate Update
As detailed in our previous Legal Briefing (see link: Mandatory COVID-19 Vaccines (lawpf.com)), the New York State Department of Health...
Sep 29, 2021


NYS Guide for Nursing Home Discharges and Transfers
When a nursing home discharges or transfers a resident, state and federal legal requirements mandate that the facility follow a detailed...
Sep 28, 2021


OSHA and ETS Updated Guidance for Healthcare Facilities and Non-Healthcare Facilities
On June 21, 2021, the COVID-19 Emergency Temporary Standards (“ETS”) issued by the Occupational Safety and Health Administration (“OSHA”)...
Jun 23, 2021


Gestational Surrogacy is Now Legal in New York
“Gestational surrogacy” is a type of surrogacy where the surrogate does not provide the egg for fertilization but instead carries the...
Apr 28, 2021


Repeal of COVID-19 Health Care Immunity
On March 24, 2021, New York lawmakers repealed significant protections from COVID-19 related liability for nursing facilities, hospitals...
Apr 19, 2021


Effect of the American Rescue Plan Act of 2021 on the Healthcare Marketplace
On March 11, 2021, President Joseph R. Biden signed the American Rescue Plan Act of 2021 (ARP) into law. The $1.9 trillion coronavirus...
Mar 16, 2021


HIPAA Penalties Suspended for Eligible COVID-19 Vaccine Scheduling Apps
In an announcement made by the Office for Civil Rights (“OCR”) at the U.S Department of Health and Human Services, the penalties under...
Mar 15, 2021


Health Information Blocking: Do I Have to Worry About It?
Congress in 2016 passed the 21st Century Cures Act (“Cures Act”). Nestled within the 312-page law is a section prohibiting “information...
Mar 11, 2021


Proposed Reforms to “Modernize” the Office of Professional Medical Conduct
Governor Cuomo’s recently released State of the State Plan and 2022 Health budget contain many proposals that impact health care professiona
Feb 1, 2021


HIPAA, not HIPPA: Common Misunderstandings and Clarifications of the Law
The COVID-19 pandemic has resulted in an outpouring of information to the general public, much of it inaccurate. Healthcare related law has
Dec 16, 2020


Information Blocking: 21st Century Cures Act
The federal 21st Century Cures Act from 2016 included provisions to advance and accelerate the adoption and effective use of health...
Oct 29, 2020


Hospitals, Nursing Homes, and Other Facilities Incentivized to Sue on Medical Debts Sooner
New York State passed a law changing the statute of limitations for medical debt in April of this year (Laws of 2020, Chapter 56). The new..
Oct 28, 2020


Office of Professional Medical Conduct (“OPMC”) Changes for Physicians
On October 7, 2020, New York Governor Andrew Cuomo signed a new bill (S.6678-A) into law requiring that all physicians' practice settings...
Oct 8, 2020


NYSBA Task Force on Nursing Home COVID-19 Deaths
In the United States, COVID-19 has infected over 6 million people and caused almost 190,000 deaths and the totals are rising. A large...
Sep 9, 2020


How to Prevent Discrimination & Avoid Violations under Title VI during the COVID-19 Pandemic
As part of the national response to the COVID‐19 public health emergency, the U.S. Department of Health and Human Services (HHS) provided...
Jul 21, 2020


Bare Minimum Level of Scrutiny Applied to Federal Rule Requiring Publication of Hospital Price Sheet
A recent decision out of the United States District Court of the District of Columbia upheld a new federal rule requiring hospitals in...
Jul 6, 2020


OCR Issues Guidance Regarding Media Coverage of Health Care Facilities Treating COVID-19
Recently, the Office for Civil Rights (OCR) issued additional guidance reminding covered health care providers that the HIPAA Privacy...
May 26, 2020


Governor Cuomo Rolls Back Health Care Provider Protections
On May 7, 2020, Governor Cuomo issued Executive Order 202.28 and rolled back many of the protections afforded to health care providers...
May 20, 2020


Health Care Overpayment Issues: Preparing for a Return to Normal
On March 4, 2020, the Centers for Medicare & Medicaid Services (“CMS”) announced it would direct all state survey agencies to focus on...
May 11, 2020


Overview of the CARES Act
On March 27, 2020, President Donald J. Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). The...
Apr 6, 2020
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