Health Law Journal

  • Archive of Past Issues
  • About this Publication

    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)

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  • Table of Contents Current Issue

    Spring/Summer 2015


    A Message from the Section Chairs
    Margaret J. Davino and Kenneth R. Larywon

    Regular Features
    In the New York State Courts
    In the New York State Legislature
    In the New York State Agencies
    New York State Fraud, Abuse and Compliance Developments
    In the Journals
    For Your Information

    Feature Articles 

    Medical, Ethical and Legal Obligations to Honor Individual Preferences Near the End of Life
    Patricia A. Bomba and Jonathan Karmel

    A Quarter-Century Since Baby M: Why New York Should Reconsider Its Surrogacy Law
    Shawna Benston

    Mitochondrial Replacement: Changing the Family Structure
    Caitlin Davie

    Franken-Food or Scare Tactics? The Science, Law and Policy of Genetically Modified Food
    Excerpts from an Expert Panel Discussion

    The Tension Between the Affordable Care Act and EMTALA and Its Potential Legal Implications
    Daniel Shapiro

    OMIG Reminds Providers That Compliance Officer Must Be an Employee of the Provider
    Philip Rosenberg, Laurie T. Cohen and Brooke A. Lane

    Out-of-Network Law Frequently Asked Questions
    Healthcare Association of New York State (HANYS)

    Section Matters

    Newsflash: What’s Happening in the Section