Question Before New York’s Highest Court: Can the State of New York Put Your Physician In Jail for Acting Upon Your Decision to End Your Life?

New York’s highest court recently heard arguments in a challenge to the state’s physician-assisted suicide ban. The Court of Appeals case is Myers v. Schneiderman. The challenge, which follows two lower-court findings against plaintiffs on a motion to dismiss, seeks to overturn two separate provisions of the Penal Law.  First, it challenges a provision of […]

ESPN, JPP, and HIPAA: CAN REPORTERS BE LIABLE FOR REVEALING PROTECTED HEALTH INFORMATION?

With the NFL season opener just a few hours away, the arrival our most recent Health Law column in the Albany County Bar Association Newsletter is timely as it explores the reporting of New York Giants star Jason Pierre-Paul’s amputated finger and analyzes whether media organizations can be liable for violations of a person’s health […]

Medical Marijuana Application Deadline Pushed to June 5

The Department of Health has pushed the medical marijuana application deadline back to June 5, from May 29, according to an announcement on the Department’s website: http://www.health.ny.gov/regulations/medical_marijuana/ The Department also announced that it planned to release responses to written questions previously submitted on May 21.

Attention Medicaid Transportation Providers: OMIG Releases Compliance Guidance for Corporate Compliance Programs

The New York State Office of the Medicaid Inspector General (OMIG) has released Compliance Guidance for use by Transportation providers. The routine identification of compliance risk areas, relating to the particular type of services being offered by Medicaid providers, is required for certain providers in accordance with the New York State Social Services Law Section […]

Medical Marijuana Draft Regulations Appear on DOH Website

The New York State Department of Health has posted draft regulations on the medical use of marijuana in New York.  We’ll have more on these regulations in coming days.  In the meantime, the interested should visit the DOH Medical Marijuana Website for the draft regulations, which run to 120 pages.

IOM Provides Support that Focus is Needed on Advance Care Planning

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 […]

“I Might Be Injured, Someday…Maybe?” Courts Question Plaintiffs’ Standing in HIPAA Breach Suits Alleging Future Harm

Illinois courts have now dismissed two class action law suits against Advocate Health and Hospitals Corporation (“Advocate”), stemming from a July 2013 breach of personal health information (“PHI”) when four unencrypted laptop computers were stolen from Advocate’s administrative offices.  The computers collectively contained the PHI, including names, addresses, dates of birth, Social Security Numbers, diagnoses, […]