The Court of Appeals issued a decision in September in Meyers v. Schneiderman, 2017 NY Slip Op 06412, 2017 N.Y. Lexis 2557 (2017), that asked whether there was a New York constitutional right to “aid-in-dying”. It has been well-established that individuals have the right to refuse unwanted medical treatment. This recognition was more firmly established […]
This month’s column in the Albany County Bar Association Newsletter reflects on the changes and potential changes to the health care sector under President Trump’s first 30 days.
This month’s column in the Albany County Bar Association Newsletter addresses the rise of individuals playing Pokémon GO in healthcare facilities and the issues that healthcare facilities should consider to address the rising trend.
Class actions for damages resulting from a data breach are difficult to succeed upon unless there is an identifiable harm. Once again a court has determined that the mere loss of data is not sufficient to confer standing (Chambliss v. CareFirst, Inc., No. RDB-15-2288 [D. MD., May 27, 2016]). With the decision in Chambliss, Maryland […]
In the wake of some of the largest data security breaches in history, including the massive breach of government computer systems in June that compromised the sensitive information of 21.5 million people, several states have recently amended their current data security laws. The recent amendments will likely give data security statutes more bite by providing […]
The theory of “worthless services” has yet again been tried by whistleblowers in the federal False Claims Act context, this time resulting in a large settlement with the federal government. We saw this argument made previously in Ashber v. Momence, which we discussed in a prior article here. Now, Extendicare Health Services Inc., and its […]
President Obama signed into law on October 6th, 2014 the “Improving Medicare Post-Acute Care Transformation Act of 2014”, also known as the “IMPACT Act of 2014”. The IMPACT Act of 2014 amends the Social Security Act to require home health agencies, skilled nursing facilities, inpatient rehabilitation facilities, and long-term care hospitals to report on a […]
Many studies have been done demonstrating that many individuals have not talked to providers or loved ones about end-of-life care. However, studies also demonstrate that for individuals who discuss their wishes for decisions to be made at the end-of-life, the individual experiences an increased quality of life and both the individual and family have greater […]
Many areas of the False Claim Act are subject to legal interpretation and have been subject to Circuit splits, sometimes resulting in rulings from the Supreme Court. In the United States, there are thirteen federal circuit courts that provide intermediate appellate review of the federal district courts in several states. The decision by a circuit […]
Over the past year, the Office of Civil Rights (“OCR”) has taken a more aggressive stance in enforcing the provisions of the Health Insurance Portability and Accountability Act (HIPAA). The largest settlement for a data breach to date was just announced earlier this year between OCR and New York Presbyterian Hospital and Columbia University. However, […]