NY Court of Appeals: Legislature Must Amend Penal Law to Include Health Care Insurance Fraud

In a recent New York State decision, the Court of Appeals held that New York Penal Law 170.60, insurance fraud in the first degree, does not necessarily encompass a fraudulent health care insurance act.  In People v. Boothe, decided on February 24, 2011, the defendant CEO of a managed health care provider was indicted on […]

American Medical Association Introduces New Policy on the Use of Social Media

The American Medical Association (AMA) recently approved a policy for physician’s use of social media.  This policy is available here.  The AMA noted that while “social networking and other similar Internet opportunities . . . enable individual physicians to have a professional presence online” they also “create new challenges to the patient-physician relationship.” In an […]

April Deadline for Laboratories to Comply with N.Y. Prohibition on EHR Donations

The New York State Department of Health (DOH) announced that clinical laboratories operating in the state have until April 15, 2011 to comply with the state’s ban on donating electronic health record (EHR) systems to referring sources.  The formal statement that the state’s rules do not allow cost-sharing or donation of EHR systems came back […]

$4.3M Civil Monetary Penalty for HIPAA Privacy Violation

On February 22, HHS issued a Notice of Final Determination imposing a civil monetary penalty of $4.3 million against Cignet Health of Prince George’s County, Md., representing the first civil monetary penalty issued by the Department for a covered entity’s violations of the HIPAA Privacy Rule.  The HHS found that Cignet violated 41 patients’ rights […]

Second Circuit Issues Stay in Disability Advocates, Inc. v. Cuomo

On February 23, 2011, the Second Circuit Court of Appeals issued an order staying the Remedial Order and Judgment issued on March 1, 2010 by the U.S. District Court for the Eastern District of New York in Disability Advocates, Inc. v. Cuomo. The District Court’s Remedial Order directed the State of New York to offer […]

American Association of Bioanalysts’ Landmark Victory over New York State Department of Health Will Stand

On September 24, 2008, the Albany County Supreme Court issued a landmark ruling in favor of the American Association of Bioanalysts (AAB), represented by O’Connell and Aronowitz member Jeffrey J. Sherrin, against the New York State Department of Health (DOH).  AAB’s lawsuit alleged that the DOH’s Clinical Laboratory Evaluation Program was intentionally overcharging clinical laboratories […]

CMS Withdraws Physician Signature Requirement for Laboratory Requisitions

On February 11, 2011, the Center for Medicare & Medicaid Services (CMS) informed various trade associations that it was pulling back a new rule requiring physician signatures on all laboratory requisitions. Although an official announcement has not been made, CMS told several associations, including the American Association of Bioanalysts and the National Independent Laboratory Association, […]

Introducing the Health Law Sidebar

Welcome to the Health Law Sidebar, the official blog of the O’Connell and Aronowitz Health Law Department. The Health Law Sidebar will provide you with the latest regulatory and statutory updates from the industry, and will also highlight news items of interest across the healthcare field. Thank you for your interest, and we hope you enjoy […]