Health Law Section

Register now! The Health Law Section Fall Meeting will be on October 23 & 30 - Ethical Issues and Legal Reform in the New COVID-19 Environment. Click on the Event Calendar to register for the event.

Through our Section you will have the opportunity to meet and network with other health law attorneys, as well as have access to many great benefits specific to your area of practice.

The Benefits of Health Law Section Membership Include:

Receive the Section’s newsletter, Health Law Journal features peer-written substantive articles relating to the practice of health law on various topics including the Family Health Care Decisions Act, HIPAA, nursing homes, managed care, mental health, medical ethics, and long-term care.

Participate on the Section’s private online community, to post requests for guidance and referrals from health law attorneys from across the state.
Earn CLE and learn at our New York-specific high-quality educational programs and networking events.
Join a Committee for professional growth opportunities — the Health Law Section has more than a dozen substantive Committees that provide you with the opportunity to learn about very specific practice areas, and work to influence the laws that can affect your practice.

Contact the Health Law Section Liaison

To learn more about this Section, please contact Amy Jasiewicz
ajasiewicz@nysba.org
(518) 487-5682

Online Community

Access Here

Health Law Journal

The Health Law Journal features peer-written substantive articles relating to the practice of health law on various topics including the Family Health Care Decisions Act, HIPAA, nursing homes, managed care, mental health, medical ethics, and long-term care. Also included are regular features on recent cases, legislation and publications, as well as updates on Section activities. Edited by Robert N. Swidler, Esq., the Health Law Journal is published by the Health Law Section and distributed to Section Members free of charge.

The Journal is published as a benefit for members of the Health Law Section and is copyrighted by the New York State Bar Association. The copying, reselling, duplication, transferring, reproducing, reusing, retaining or reprinting of this publication is strictly prohibited without permission.
© New York State Bar Association. All rights reserved. ISSN 1530-3926 (print) ISSN 1933-8406 (online)

The Health Law Journal encourages article submissions on topics of interest to members of the Section. Writing an article for a NYSBA Section publication is a great way to get your name out in the legal community and advertise your knowledge. Our authors are respected state-wide for their legal expertise in such areas as HIPAA, nursing homes, managed care, mental health, medical ethics, and long-term care.

MCLE credit may also be earned for legal-based writing directed to an attorney audience upon application to the CLE Board. NYSBA Guidelines for Obtaining MCLE Credit for Writing as well as a Publication Credit Application are available.

If you have written an article and would like to have it considered for publication in the Health Law Journal, please send it in electronic document format (pdfs are NOT acceptable), along with biographical information to its Editor:

Brendan Parent, JD
Phone: 212-998-7065
Email: brendan.parent@nyu.edu

Health Law Journal Archive

Reprint Permission and Disability Accommodations

Author's Guidelines

Section Publications

Health Law Journal - Winter 2020

A publication of the Health Law Section of the New York State Bar Association. Can’t see this edition? Please view it here.

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Bylaws

Health Law Section Committee

Diversity Fellowship Program

The Diversity Summer Fellowship in Health Law was developed in 2011 by the Health Law Section as part of the New York State Bar Association’s Diversity Challenge to develop and execute initiatives to increase the diversity of its membership, leadership and programs and to evaluate the results.

Learn more

Health Opinion Letters

The PDF files below are provided to the Health Law Section of the New York State Bar Association by the Department of Health of the State of New York.

01/07/09 – Ability of Physician Assistants to Engage in Medical Practice

12/05/08 – Legal Opinion Re: the Phrase “Therapeutic Device” from Pharmacy Services

12/01/08 – Legal Opinion Re: Clinical Laboratory Performing Technical and Management Services

08/25/08 – NYCDOHMH Newborn Home Visiting Program

03/28/08 – Practices of the Canandaigua Lake Water Commission

02/25/08 – Plastination and the Exhibition of Plastinated Bodies

04/16/07 – DOH Response to Disclosure of HIV Related Information

02/07/07 – Authorization to Disclose Patient Information

10/20/06 – Access to Patient Information

07/24/06 – Disposition of Remains

03/21/06 – Billing for Services Performed in Physicians Offices

11/03/05 – Hiring Relatives

12/07/04 – Ancillary Services in State Stark Law

07/02/04 – Cover Letter Re: Advisory Opinions

06/17/04 – Physician Referral Laws (Generally)

05/04/04 – Medical Records Release

03/19/04 – Laboratory Retention of Specimens

01/28/04 – Ancillary Services in State Stark Law

01/22/04 – Corporate Practice of Medicine

10/14/03 – Physician Practices with Third Party Payors

10/08/03 – New Operators for Purposes of Nursing Home Rate Rebasing

09/02/03 – Quarantine Powers of Local Health Officers and Local Boards of Health

07/23/03 – Classification of Human Chorionic Gonadotrophin

07/23/03 – Laboratory Use of Contractor

07/23/03 – Fee Arrangements Between a Physicial and Midwife

11/19/99 – State Stark (MRIs)

07/28/99 – State Stark

4/26/99 – State Stark – Lease Between Referral “Partners”

04/29/98 – State Stark (Physician Office Lab and Risk Contract for courtesy services

12/22/97 – HMO (Subcontracting of Risk)

12/18/97 – State Stark (X-Rays)

12/12/97 – Fee Splitting – MSO Fees

08/29/97 – IME

08/26/97 – Employment of Laboratory Directors

04/17/97 – Fee Splitting – (No Percentage Fee for Billing Companies or Otherwise)

08/07/96 – Lithotripsy – CON/Anti-Kickback and Corporate Practice

06/06/96 – PPO/IPA

04/19/96 – State Stark – MRIs

03/21/96 – HMO Contracting Issues

02/13/96 – HMO (Subcontracting of Risk)

02/05/96 – State Stark

02/01/96 – Out of State HMO Contracting with In-State MDs

11/21/95 – State Stark – Shared Services

10/25/95 – PHO/PPO Licensing Issues

09/25/95 – IME

08/14/95 – MD/Chiropractor Relationship

06/19/95 – Employment of Laboratory Directors

05/02/95 – Corporate Practice/Art 28/State Stark – MSO

04/04/95 – (State Stark) Shared Laboratories

03/03/95 – State Stark (Multi-Specialty Group)

03/03/95 – State Stark – Group Practice

03/03/95 – State Stark – In-Office Ancillary

01/18/95 – State Stark

10/25/94 – IME for Insurance Companies

07/11/94 – IME

06/13/94 – Fee Splitting – Administrative Servic es

03/22/94 – Fee Splitting

01/05/94 – Fee Splitting (MD and Chiropractor)

05/20/93 – MD/PT Relationship

01/22/93 – Fee Splitting (Unit Fees)

09/03/92 – Fee Splitting – Ultrasound

05/07/92 – Percentage Fee for Billing Sometimes Okay

03/27/89 – Fee Splitting (Physician Ownership of Entities to which they Refer Limits on PC Activities)

10/25/88 – PHL 4501 (For-Profit Medical Referral Service Prohibited

Legal Links of Interest

1. Health Care/Legal Periodicals and Journals

New York Law Journal
National Law Journal
Reuters Health Care New
CNN Health News

2. Health Law Search Engine and Information Sites

Findlaw – Health
Med Law Web Site
Health Law Web Site
Cornell Law School

3. New York State Law and Regulations

NYS bills/statutes (Senate site)
NYS bills/statutes (Assembly site)
DOH Regulations (10 NYCRR)
Social Services Regulations (18 NYCRR)
Unemployment Law Regulations (12 NYCRR) – via the Department of Labor website.
Insurance Regulations

4. New York State Agencies

New York State Department of Health
New York State Department of Insurance
Citizen’s Access to State Government
Commission on Quality of Care for the Disabled
Dormitory Authority
Department of Education
Office of the Professions
Online License Verification
Online Directory of Professional Discipline Actions

– search actions since 1/94 by provider’s name or date of action. Use OPMC site for physicians and PAs.

New York State Government Information Locator Service
New York State Government Telephone Directory
Office of Professional Medical Conduct

– Use this page to search for physician and PA disciplinary actions since 1992.

Department of Taxation and Finance
New York State Office of Mental Health

5. New York State Courts

Unified Court System

– a wealth of resources regarding NY Courts including court rules, decisions and forms.

E Courts

– Run by the UCS you can view dockets, court calendars for 13 counties. Electronic filing also available in Monroe, New York and Westchester Counties.

New York State Attorney Directory

Not every attorney is in Martindale. All attorneys registered with the NYS Office of Court Administration are in this database.

6. New York State Health Care Industry Organizations

Community Health Care Association of New York State
Greater New York Hospital Association
Healthcare Association of New York State
Medical Society of the State of New York
New York Academy of Medicine
NY Association of Homes and Services for the Aging
New York Health Plan Association
New York State Health Facilities Association
United Hospital Fund