New York Law Journal | Analysis
By Francis J. Serbaroli | May 15, 2019
In his Health Law column, Francis J. Serbaroli addresses the current measles outbreak, statutory vaccination and quarantining requirements, and recent court decisions in proceedings challenging actions taken by Rockland County and New York City to contain the outbreak. He advises that elected officials, public health authorities, and their lawyers, should follow established laws for dealing with infectious diseases, and that courts should exercise caution in deciding legal challenges to disease containment efforts.
By Colby Hamilton | May 3, 2019
The panel found the appellant provided no support for claims he was targeted for retaliation after taking more than two months off following a cancer diagnosis.
By Colby Hamilton | April 16, 2019
The lawsuit, filed in Brooklyn state court, argues city officials are trampling on the religious liberties of the Orthodox Jewish communities placed under the mandatory vaccination order.
New York Law Journal | Analysis
By Francis J. Serbaroli | March 25, 2019
In his Health Law column, Francis J. Serbaroli explains the Medicare program's new Preclusion List, which identifies health care providers disqualified from providing items or services to Medicare Advantage Plan members or prescription drugs to Medicare Part D beneficiaries. He notes that as of April 1, 2019 no Medicare payments may be made to any providers who are on the Preclusion List, and that Medicare Advantage Plans and Part D drug providers must have notified covered beneficiaries and be ready to begin denying claims.
New York Law Journal | Analysis
By Richard Strassberg, Annie Railton and Roger Cohen | March 19, 2019
In this Federal Civil Enforcement column, Richard Strassberg, Annie Railton and Roger Cohen discuss 'United States ex rel. Polukoff v. St. Mark's Hospital et al.', in which the Tenth Circuit held that a claim certifying that a procedure is medically necessary must meet the definition of “reasonable and necessary” set forth in CMS's Medicare Program Integrity Manual.
By The Associated Press | March 1, 2019
The proposed in vitro fertilization mandate would apply to all large group insurers, while the coverage requirement for medically necessary egg freezing would apply to large, small and individual insurance providers.
By Greg Land | February 20, 2019
Nearly six years after Dr. Spyros Panos surrendered his medical license and pleaded guilty to health care fraud, an arbitrator awarded $140 million to settle what plaintiffs' attorneys say is the largest medical malpractice litigation in New York.
By Lizzy McLellan | February 19, 2019
Pepper Hamilton managing partner Thomas Cole said his firm was not targeting Rochester as a geographic region. It was the LeClairRyan group's substantive IP practice, and its presence in the health sciences space, that made the hire strategic, he said.
New York Law Journal | Analysis
By Daniel G. Fish | February 14, 2019
In his Elder Law column, Daniel G. Fish discusses the fair hearing process as a means of challenging agency decisions of applications for Medicaid home care benefits and nursing home care. Given the size of the Medicaid program, perhaps it is not surprising that there are errors made by the agency. To manage expectations, clients should be advised, before the application is filed, to anticipate that their application may be initially denied erroneously or even after eligibility has been established, but that there is a process to challenge adverse determinations.
By Jason Grant | January 31, 2019
Bringing into sharp relief the central importance of battling experts, including in the early stages of medical-malpractice litigation, an Appellate Division, First Department panel decided on Tuesday to toss out a lawsuit centered on a patient's developing of an ulcer while at St. Barnabas Hospital.
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