Myers v Schneiderman – Aid in Dying Will Require a Legislative Overhaul to Be Recognized

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 […]

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.