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

    Fall 2013

    A Message from the Section Chair
    Kathleen M. Burke

    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

    Analysis of the Coordination of Benefits Between Medicare and Qualified Health Plans Purchased Through American Health Benefit Exchanges and the Small Business Health Options Program
    Marcia M. Schiff

    Liability of Health Care Providers for the Emotional Injuries of “Bystanders”
    Karen M. Richards and Geraldine Gauthier

    EHRs: A Prescription for Privacy Breach
    Nahid Shaikh

    Recommendations for Extending the Family Health Care Decisions Act to Medicare and/or Medicaid-Certified and State-Licensed Agencies, Programs, and Settings
    New York State Task Force on Life and the Law

    Frequently Asked Questions for the New York State Prescription Monitoring Program Registry
    Bureau of Narcotic Enforcement, NYS Department of Health

    Section Matters
    Newsflash: What’s Happening in the Section