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Legal Briefings
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Status of Religious Exemptions in New York State
As detailed in previous legal briefings, New York State’s Department of Health has enacted regulations mandating most healthcare...
Dec 15, 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On March 24, 2021, New York lawmakers repealed significant protections from COVID-19 related liability for nursing facilities, hospitals...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
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
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
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
COVID-19 and HIPAA
During this COVID-19 pandemic, the Office for Civil Rights (“OCR”) has issued guidance for health care providers and patients/residents...
Apr 6, 2020
Elective Surgeries During the Coronavirus Pandemic
During his daily briefing on March 25, 2020, New York Governor Andrew M. Cuomo confirmed that there are a total of 30,811 cases of...
Mar 30, 2020
Qualified Immunity Granted to Medical Personnel During COVID-19 Outbreak
It is well-established law that when a person acts, he or she must do so without negligence – without breaching a duty he or she owes to...
Mar 26, 2020
COVID-19 and Telehealth Updates
New York State, the Federal government, and State and Federal departments and agencies have issued several orders and declarations over...
Mar 26, 2020
Dentistry in the Age of Coronavirus
As we learn more about the transmission vector for coronavirus, many medical professionals are concluding that the virus is likely spread...
Mar 25, 2020
Telehealth and HIPAA during the COVID-19 Nationwide Public Health Emergency
The Department of Health and Human Services’ Office for Civil Rights (“OCR”) publicized a Notification of Enforcement Discretion...
Mar 24, 2020
Hospital Visitations in the Face of the COVID-19 Pandemic
In the face of the COVID-19 (“Coronavirus”) pandemic, nursing homes and in-patient hospice facilities have been faced with a new...
Mar 24, 2020
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