Health Law Section

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    HEALTH LAW SECTION ANNUAL MEETING CLE AND LUNCH - WEDNESDAY JANUARY 24, 2018
  • Health Law Section Health Law Info Exchange
    Health Law Section Keeping you informed on the latest news in health care. Join the Health Law Section for Excellent CLEs!
  • Health Law Journal -Spr17
    The Health Law Journal is published by the Health Law Section and distributed to Section Members free of charge.
  • Upcoming Events
    • January 24, 2018: Health Law Section Annual Meeting CLE and Luncheon

      Committee Breakfast Meetings
      7:45 a.m. – 8:45 a.m.
      Nassau, 2nd Floor 

      MCLE Program View Program    
      9:00 a.m. – 4:30 p.m.
      Gramercy, 2nd Floor

      Luncheon
      12:45 p.m. – 2:00 p.m.
      Nassau, 2nd Floor 

      SECTION CHAIR
      Lawrence R. Faulkner, Esq.
      ARC of Westchester
      Hawthorne

      PROGRAM CO-CHAIRS
      Jane Bello Burke, Esq.
      Hodgson Russ LLP
      Albany

      Margaret J. Davino, Esq.
      Fox Rothschild LLP
      New York City

      Sandra C. Maliszewski, Esq.
      Advantage Care Physicians
      New York City

      9:00– 9:10 a.m. 
      Welcoming Remarks and Introduction
      Lawrence R. Faulkner, Esq., Health Law Section Chair
      Jane Bello Burke, Esq., Program Co-Chair
      Margaret J. Davino, Esq., Program Co-Chair 
      Sandra C. Maliszewski, Esq., Program Co-Chair

      9:10– 10:00 a.m.
      Legislative Update: State and Federal, Including Affordable Care Act (1 credit in Professional Practice)
      Speaker:
      James W. Lytle, Esq., Manatt, Phelps & Phillips, Albany

      10:00– 10:50 a.m.
      Some Headline Issues in Legal Ethics (1 credit in Ethics)
      Speaker:
      Stephen Gillers, Esq., Professor, New York University School of Law, New York City

      10:50– 11:05 a.m.
      Refreshment Break

      11:05– 11:55 a.m.
      Areas of Interest and Focus in Healthcare Fraud for the U.S. Department of Justice (1 credit in Professional Practice)
      Speaker:
      A. Brendan Stewart, Esq., Assistant Chief, Fraud Section, Criminal Division, U.S. Department of Justice, Washington, D.C.

      11:55 a.m.– 12:45 p.m.
      Cybersecurity, HIPAA, Ransomware and New York's New Cybersecurity Regulations (1 credit in Professional Practice)
      Speakers:
      Mitze Amoroso, Senior Vice President and Chief Information Officer, ArchCare, New York City
      Noreen Gleason, Director of Corporate Security, Bristol-Meyers Squibb, Princeton, NJ
      Tim Howard, Esq., Cybercrime Coordinator and Assistant U.S Attorney, Southern District of New York
      Peter Resnick, Vice President, Forensic Services, Charles River Associates, Boston, MA
      Francis J. Serbaroli, Esq., Greenberg Traurig LLP, New York City

      12:45– 2:00 p.m.
      Lunch   

      2:00– 2:50 p.m.
      A Year in Litigation: Overview of Legal Challenges to 2017 Federal Executive Actions and Legislation (1 credit in Professional Practice)
      Speaker:  
      Laura Alfredo, Esq., Greater New York Hospital Association, New York City

      2:50– 3:40 p.m.
      The Future of Long Term Care, Including Assisted Living, Home Care and Legal Issues (1 credit in Professional Practice)
      Speakers:  
      Robert Borsody, Premier Senior Living, LLC, New York City
      Emina Poricanin, Esq., Hodgson Russ LLP, Buffalo

      3:40– 4:30 p.m.
      Updates in Health IT: Fraud, Waste and Abuse Implications of Misusing HIT/EHRs, and How HIPAA Business Associates' Sharing Data for Research and Other Impacts Covered Entities (1 credit in Professional Practice)
      Speaker:
      Veda M. Collmer, Esq., WebPT, Inc., Phoenix, AZ

      The Nominating Committee of the Health Law Section announces its candidates for the following Section officers: Chair-elect, Vice Chair, Secretary, and Treasurer.
      Chair: Robert A. Hussar (elected last year)
      Chair-Elect: Hermes Fernandez
      Vice-Chair: Karen L.I. Gallinari
      Secretary: Anoush Koroghlian Scott
      Treasurer: Nathan G. Prystowsky

         

      IMPORTANT INFORMATION
      Under New York’s MCLE rule, this MCLE Full Day Program has been approved for a total of 7 credit hours consisting of 6 credits in Professional Practice and 1 credit in Ethics. This program will NOT qualify for credit for newly-admitted attorneys because it is not a basic practical skills program. 

      Discounts and Scholarships: New York State Bar Association members and non-members may apply for a discount or scholarship to attend this program, based on financial hardship. This discount applies to the educational portion of the program only. Under this policy, any member of our Association or non-member who has a genuine basis for their hardship, if approved, can receive a discount or scholarship, depending on the circumstances. Request for discounts or scholarships must be received prior to January 12th, 2018. For more details, please contact Lori Nicoll in writing at New York State Bar Association, One Elk Street, Albany, New York 12207 or lnicoll@nysba.org.

      Accommodations for Persons with Disabilities:  NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please contact Lori Nicoll at 518-487-5563.

      For overnight room accommodations, please call the New York Hilton Midtown at 1-800-445-8667 and identify yourself as a member of the New York State Bar Association. The rate will be based on room selection (single/double occupancy) and arrival/departure dates with additional taxes and hotel fees. The discounted rate for January 21st and January 22nd is $179 per night. The discounted rate for January 23rd through January 28th is $229 per night. A rate of $209 will be offered to those with overlapping dates. Reservations must be made before December 29, 2017 by calling the New York Hilton Midtown directly at 800-445-8667 or online at www.nysba.org/am18accomm.

      For questions about this specific program, please contact Lori Nicoll at 518-487-5563. For registration questions only, please call the Member Resource Center at 800-582-2452. Fax registration form to 518-463-5993.

       

    • January 26: Summer Diversity Fellowship in Health Law Application deadline

      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. 

      The primary goal of the Diversity Summer Fellowship in Health Law is to increase representation of lawyers and students from a diverse range of backgrounds in health law. 

      The Fellowship will provide students from a diverse range of backgrounds an opportunity to experience health law practice. The ultimate goal of the diversity effort of the Health Law Section is to create a network and forge relationships which will foster greater diversity among health law attorneys throughout the state.

      Eligibility - Law Student in a New York State accredited law school.

      Application Deadline - January 26, 2018

      Stipend - $5,000

      Length - 8 weeks

      Mail: Leigh Dorr, The New York Bar Foundation, One Elk Street, Albany, NY 12207

      Emailldorr@tnybf.org, please include ‘Health Law Fellowship’ on the subject line. 

      2018 Application Form (PDF)


      The 2017 Summer Minority Internship Program recipients:

      Shandy Abraham of St. John's University School of Law
      Lillian Mosely of Hofstra University School of Law

      The 2016 Summer Minority Internship Program recipients:

      Amira Yeiser - 2016 Health Law Fellowship Recipient - Fordham University School of Law

      Yeiser 2016

      As a first-year student at Fordham Law School, I am genuinely overjoyed to have been chosen to participate in the 2016 Diversity Summer Fellowship in Health Law.  It is with great regard that I learned about the fellowship from my wonderful mentor, Ms. Lisa Hayes, and this is truly an amazing opportunity.  Placement with NYU Langone Medical Center will allow me to cultivate my earnest desire to become a lawyer in the healthcare industry, and I feel confident that I will contribute significantly to the work of the office while strengthening the skills I’ll need for a career in health law.  This fellowship will allow me to provide my service, time, and dedication to a career that helps others in need and sustains one of the world’s largest and fastest-growing industries.  It is immeasurably wonderful because I will gain real-world experience, and hopefully one day increase the diversity of the attorneys involved in health law.  I will forge relationships that will enable me to grow as a person and increase and expand my professional network.  The New York University Langone Medical Center is an extremely reputable organization located in the heart of the city, and sincerely has a medical program that is among the best.  I am eternally grateful to all of the people who have helped me achieve this accomplishment, and to all of the people affiliated with the New York Bar Association’s Health Law Section who have helped to create and develop this fellowship.

      Omar Mustafa – 2016 Health Law Fellowship Recipient
      mustafa

      “I am honored to accept the 2016 Diversity Summer Fellowship in Health Law with the New York Bar Foundation. The New York State Bar Associations commitment to increasing representation of lawyers and students from a diverse range of backgrounds in health law is not only admirable but vital to the field of law. I am humbled to take part in such a program and hope to contribute to the field of health law, all the while growing and learning from this invaluable experience. I look forward to being placed at Montefiore Medical Center this summer and have the opportunity to be exposed to the inner workings of the health law community.”


      The 2015 Summer Minority Internship Program recipients:

      Congratulations to Justine Park and Brian Miguel Salazar, recipients of the Health Law Section Fellowship! Both are students at Benjamin N. Cardozo School of Law.

      salazar
      Brian has been placed at Mt. Sinai Medical Center.
      "I am very honored and humbled to accept the 2015 New York Bar Foundation Diversity Fellowship and to be the first rising second-year law student to work with the Mount Sinai Medical Center. It is an exciting opportunity to learn from Mount Sinai's Legal Department, following their consolidation with Continuum Health Partners. I look forward to being part of a relatively new department during a time of exciting transition and change. I was very impressed by the passion and excitement conveyed by the Mount Sinai's attorneys during my initial visit. Although the position will undoubtedly require hard work and dedication, I am confident that the upcoming summer a time of great learning and growth. The position will afford me the opportunity to be exposed to a wide variety of concentrations and assignments, including contracts, real estate, and litigation. Once again, I am truly grateful to the New York Bar Foundation for allowing me the opportunity to work with such a prestigious and impactful organization.”

      park

      Justine has been placed at Montefiore Medical Center.
      “I am thrilled to be a part of the summer fellowship in Health Law offered by the New York State Bar Association not only in furtherance of my interest in Health Law, but also to have the opportunity to work with experienced health law professionals and attorneys. The program offers the opportunity gain experiences in the sector and understand the inner workings and procedures that go into the process."


      The 2014 Summer Minority Internship Program recipients:

      Mital Patel is a first year law student at Fordham University.  She has a Masters in Health Administration and has participated in international internship service programs in Ecuador, Mambai, India and Palau National Hospital.

      Alysha Sabarwal is a second year law student at Brooklyn Law School and is a Dean's Merit Scholarship recipient.  She is a graduate of Rutger's University in Political Science and Labor Studies and this past semester was a Legal Health Intern at the New York Legal Assistance Group.Both Mital Patel and Alysha Sabarwal will be placed at New York University Medical Center this summer. 


    • Health Law CLE Online: 3 Programs Now Available

      Three Health Law Section CLE Webcasts Available in the NYSBA Store

      Looking for CLE opportunities online? The Health Law Section has three recordings available to purchase and view for CLE credit, any time that is convenient for you:

      1. Legal Issues Surrounding Eye, Organ and Tissue Donation

      CLE1.5 credits in professional practice, non-transitional and accredited for MCLE credit in New York State only.

      Cost:
      Free to Health Law Section Members,
      Not yet a Section member? Join today for $30 and receive the Section member rate.
      $50 for NYSBA Members, $75 for Non-Members

      Presented by the New York State Bar Association (NYSBA) Health Law Section in partnership with the New York Alliance for Donation (NYAD), and co-sponsored by the Health Law Committee and Bioethical Issues Committee of the New York City Bar.

      New York State is facing a health care crisis: the need for transplantable organs far exceeds the availability. While a single donor can help save the lives of up to 8 people, potential donors are rare. It is crucial that all of the participants in the process, legal, clinical, administrative and governmental are knowledgeable about the law and the process surrounding organ and tissue donation.

      2. Health Law Section Fall MeetingDisrupting the System: Innovation and Collaboration in Health Care in New York

      CLE: 7.0 MCLE credits, 6.5 Professional Practice, 0.5 Ethics
      This program is for experienced attorneys only, is non-transitional, and accredited for MCLE credit in New York State only.

      Cost:
      Health Law Section Member: $175
      Not yet a Section member? Join today for $30 and receive the Section member rate.
      NYSBA Member: $233.00
      Non-NYSBA member: $350

      This program offers a look at innovative programs that are designed to facilitate access to comprehensive, coordinated care to improve patient satisfaction and clinical outcomes. These innovative programs and the use of the technology necessary to support them do not come without legal barriers and challenges. Our diverse panel of speakers will describe innovative, collaborative initiatives that are disrupting the health care system, and the practical ways to overcome the real and perceived barriers to sustained implementation. This program is relevant for attorneys representing all provider types, health systems, in-house counsel, insurance/payor plans and governmental attorneys involved in health care regulation.

      Topics:
      In-House General Counsel: Hot Topics
      Medical-Legal Partnerships in Health Care
      Collaborative Affiliations Among Large Systems and Physician Practices: Tales from the Trenches
      Medical-Legal Implications and Sustainability of SHIN-NY Regulations in Healthcare Delivery System
      Concierge Medicine/Telemedicine/Direct Primary Care
      Ethics of Health Information Technology Privacy

      Keynote address: Dr. Jacob Reider, Former Deputy National Coordinator, Office of the National Coordinator for Health IT, US Dept of Health and Human Services


      3. E-Health Clinical Records & Data Exch II: Webcast

      CLE: This program is accredited for 2.0 MCLE credits in the area of Professional Practice, and is non-transitional and accredited for MCLE credit in New York State only.

      The NYSBA's Health Law Section, in collaboration with Albany Law School and Fordham Law School, is holding the second program of a two-part series exploring the state of population health initiatives for improving the public's health and the law affecting:  Electronic Health Records (EHRs) across provider types and payor systems; Health Information Exchanges (HIEs) and Regional Health Information Organizations (RHIOs), including the State Health Information Network of New York (SHIN-NY) and e-MOLST; data collection and integration; and research and ethics. These areas are of increasing importance both in understanding the breadth and impact of federal and state health laws on health systems and systems innovation and how research and data may inform health law and policy as well as clinical practice.

      Cost: Health Law Section Members: $50.00
      Not yet a Section member? Join today for $30 and receive the Section member rate.
      NYSBA Members: $85.00
      NYSBA Non-members: $125.00.

      Topics:

      • Expanding Public Policy Goals for EHR to Improve the Public's Health: Utilizing Integrated Medical and Social Data for Designing Care Systems and Population-Level Interventions - Issues in Law, Research and Ethics.
      • E-Health Licensure Standards - Gaps in Law and Regulations at the State Level

      Part I of this series is available for free, and does not offer CLE credit: E-Health Clinical Records and Data Exchange: Part I 


    • April 26: Emerging Issues for the Healthcare Industry

      Emerging Liability Issues for the Healthcare Industry 
      Thursday, April 26th | 9:00 a.m. - 12:00 p.m. | NYC & Webcast
      New York State Society of CPA's | 14 Wall Street | 19th Floor | NYC 
      3.0 MCLE Credits: 3.0 Skills

      NYSBA Member: $135
      General Practice Section Member: $110
      Co-Sponsoring Section Member: $135
      Non-Member: $235

      Emerging Liability Issues for the Health Care Industry

      This half-day practical seminar will familiarize you with many of New York’s laws regulating claims against health care facilities and will help you develop the skills necessary to prepare and review the claim, navigate discovery, and advocate through arbitration or in court.

      Who Should Attend: Attorneys who represent healthcare facilities, especially nursing homes; attorneys representing patients of residential healthcare facilities; attorneys interested in the burgeoning field of healthcare liability. 

      Sponsors: 
      Health Law Section
      Torts, Insurance and Compensation Law Section
      Committee on Continuing Legal Education  

      To register, click the program title.

  • Health Law Blog- Supraspinatus

    Supraspinatus is a health law blog sponsored by the New York State Bar Association's Health Law Section.

    The purpose of Supraspinatus is to provide timely notice of signficant events and developments affecting practitioners of health care law in New York. Blog posts may cover subjects ranging from new legislation to court decisions to agency interpretations. Topics are selected by contributing authors based on personal choice for the purpose of sharing knowledge about, exploring, and illustrating interrelated (and in some cases interdisciplinary) aspects of current news events and the latest thinking in public policy, law and/or regulation.

    http://nysbar.com/blogs/healthlaw/

  • Health Law Journal

    VIEW THE LATEST 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. The Health Law Journal is published by the Health Law Section and distributed to Section Members free of charge.

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