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 […]

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 […]

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 […]