New York Law Journal | Analysis
By Francis J. Serbaroli | January 21, 2021
In his Health Law column, Francis J. Serbaroli takes another look at the troubles faced by insurers, hospitals and other health care providers when they are subjected to audits of their payments of surcharges required under New York's Health Care Reform Act of 1996. He reviews the history of this law, the services covered and how the surcharges are calculated, and the problems that arise when these audits take place, and offers advice on how to deal with issues raised in the course of these audits.
By Karen Gallinari, Chair, Health Law Section | January 15, 2021
Karen Gallinari, chair of the Health Law Section, describes how section members seized the opportunity to address the legal and ethical public health issues that COVID-19 brought front and center, by bringing attention to state action that would ease the challenges of public health emergencies.
By Mike Scarcella | January 15, 2021
The former law clerk to the late Justice Ruth Bader Ginsburg has spoken and written extensively on the signature Obama-era Affordable Care Act.
By Ryan Tarinelli | December 15, 2020
The lawsuit is challenging the state's color-coded regulatory scheme that is used to determine localized coronavirus restrictions for designated areas.
The American Lawyer | Analysis
By Hannah Roberts | December 11, 2020
With the world waiting for a COVID-19 vaccine, the lawyers involved tell of how they worked day and night despite being in lockdown themselves.
New York Law Journal | Analysis
By Francis J. Serbaroli, Skip Short and Ioanna Zevgaras | November 10, 2020
The realization of the full potential of telemedicine has taken longer than many of us anticipated, but the COVID-19 pandemic may finally bring about that realization.
By Jason Grant | November 7, 2020
The resolution does contain conditions limiting its scope. Those include that the state government should only consider making vaccinations mandatory if voluntary COVID-19 vaccinations fall short of producing needed levels of population immunity; that an assessment of the health threat to various communities be made so that perhaps the mandate can be targeted; and that a mandate only be considered after there is expert consensus about the vaccine's safety and efficacy.
By Jason Grant | November 6, 2020
Meanwhile, a large group of parents, families and individuals who vigorously oppose any mandatory COVID-19 vaccination are planning to rally and march from a central square off Eagle Street in Albany to Gov. Andrew Cuomo's mansion.
New York Law Journal | Expert Opinion
By Alan W. Clark | October 21, 2020
Part 1 of this article addressed proof of diminished chance for a cure or better outcome or increased injury and pain and suffering as a substantial factor of injury in failure to diagnose cancer cases. Part 2 addresses the application of law and evidence to medical malpractice cases dealing with failure to diagnose other medical conditions and illness.
New York Law Journal | Expert Opinion
By Alan W. Clark | October 14, 2020
In medical malpractice cases, competent poof of a diminished chance for a cure or better outcome or increased injury and pain and suffering may be a substantial factor or proximate cause of injury. Part 1 of this two-part series deals with such evidence as presented in failure to diagnose and treat cancer cases.
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