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...
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Jun 23, 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”)...
Apr 28, 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 19, 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On March 24, 2021, New York lawmakers repealed significant protections from COVID-19 related liability for nursing facilities, hospitals...
Mar 16, 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 15, 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 11, 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...
Feb 1, 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
Dec 16, 2020
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
Oct 29, 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 28, 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 8, 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...
Sep 9, 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...
Jul 21, 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 6, 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...
May 26, 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 20, 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 11, 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...
Apr 6, 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...
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