Health Care Law

  • New York Law Journal

    Landmark N.J. Supreme Court Ruling Boosts Fraud Fight

    By Evan H. Krinick | July 5, 2017

    Insurance Fraud columnist Evan H. Krinick writes: There seems to be no limit to the kinds of schemes that people create to defraud insurance companies and, by extension, the public, through higher premiums. Now, however, the New Jersey Supreme Court has issued a unanimous decision that certainly will help to reduce insurance fraud in New Jersey—and that, if its reasoning is adopted by other jurisdictions, likely will have the same effect in states across the country.

  • New York Law Journal

    Mikulec v. Colvin

    By newyorklawjournal | New York Law Journal | July 5, 2017

    Evidence Supports ALJ's Finding on Disability; Opinion's Misattribution Not Significant

  • New York Law Journal

    End-of-Life Decisions for Incapacitated Adults: Caught Between a Conflict of Laws

    By Jennifer B. Cona | July 3, 2017

    Jennifer Cona writes: The imposition of unwanted medical treatment still happens today in the context of incapacitated patients who reside in hospitals and nursing homes due to an apparent conflict between limitations placed on the powers of a guardian in some court jurisdictions versus the standards set forth under the Family Health Care Decisions Act.

  • New York Law Journal

    Fraud and Abuse Enforcement Goes High Tech

    By Richard Strassberg and William Harrington | June 29, 2017

    In their Federal Civil Enforcement column, Richard Strassberg and William Harrington write: The eClinicalWorks settlement and OIG report will likely prompt a significant increase in enforcement activity related to electronic health records incentive payments. The authors review these developments, their ramifications, and steps EHR companies and health care providers can take to protect themselves from liability related to EHR incentive payments below.

  • New York Law Journal

    NY Financial Services Dept. Issues Emergency Rules for Health Insurers Pending Possible ACA Repeal

    By Josefa Velasquez | June 28, 2017

    New York state is taking regulatory steps to ensure that health insurers maintain coverage for certain benefits currently provided under federal law…

  • New York Law Journal

    Jones v. Berryhill

    By newyorklawjournal | New York Law Journal | June 20, 2017

    ALJ Failed to Develop Record, Should Explain Her Decision Mental Impairments Not Severe

  • New York Law Journal

    Court Orders Disclosure of Surgery Probe Records

    By P.J. D'Annunzio | June 13, 2017

    The Third Department has allowed the wife of a man who suffered complications during heart surgery to access investigative findings from a state Department of Health review of the procedure that were previously withheld by the agency.

  • New York Law Journal

    Limitations on Adjudicating Disputes Involving Medicare Provider Agreements

    By Leslie A. Berkoff and Krista L. Kulp | June 12, 2017

    Leslie A. Berkoff and Krista L. Kulp of Moritt Hock & Hamroff write: The power of bankruptcy courts to adjudicate Medicare provider agreements has been addressed by several circuit courts in recent years. Given the distressed nature of the health care industry and the continued bankruptcy filings by health care providers, this issue has become more prominent. However, several circuit courts determined that bankruptcy courts lack jurisdiction to adjudicate these issues; and, recently, the First Circuit took an unusual approach.

  • New York Law Journal

    Bryant v. Berryhill

    By newyorklawjournal | New York Law Journal | June 9, 2017

    Evidence Supports RFC Finding; Treating Doctor's Opinion Inconsistent With Record

  • The Legal Intelligencer

    Third Circuit Rejects Revival of Zoloft MDL

    By Max Mitchell | June 2, 2017

    The U.S. Court of Appeals for the Third Circuit has rejected attempts to revive 315 scuttled cases against Pfizer over claims that its anxiety medication Zoloft caused birth defects.

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