To join one or more of the Committees below, you may email the Chair, Co-Chair or staff Liaison.
Click on the committee chair's name to access his or her email address.
CONTINUING LEGAL EDUCATION (CLE)
Our objective is to initiate CLE presentations and to assist the production of CLE presentations initiated by other committees of our Section. Our ultimate objective is to assure that our Section members will be able to satisfy the required 24 hours of CLE every two years, solely by attending CLE presentations put on by our Section.
Sandra Maliszewski, Esq.
Lisa D. Hayes, Esq.
Diversity Internship Program Co-Chairs
Dionne Schuler, Esq.
Lisa D. Hayes, Esq.
ETHICAL ISSUES IN THE PROVISION OF HEALTH CARE
The best course of action in the
provision of health care is often clouded by competing interests and values,
missing information, and undefined risk. Ethically fraught health care issues
usually involve vulnerable people and include surrogate decision making,
transplant, cost control, end of life care, and experimental treatment, among
many others. The “right” decision is not always objective, and striving for it
requires balancing considerations regarding quality of life, preservation of
life, and public health. Health care law must codify rights and duties that
promote an evolving understanding of human well-being. The traditional
principles of biomedical ethics -- Justice, Autonomy, Nonmaleficence, and
Beneficence-- must constantly be redefined in light of medical advances and
complemented by new principles like Accommodation and Community.
This Committee examines current
evidence and literature on health care innovations as well as persisting
problems in health care, and collaborates with experts in relevant fields.
These efforts lead to the development of policy recommendations, guidance
documents, presentations, and education programs designed to assist
practitioners and policy makers in refining the legal environment to be more
conducive to our individual and collective health.
Brendan Parent, Esq.
E-HEALTH AND INFORMATION SYSTEMS
The E-Health and Information Systems Committee was designed to focus on the developing laws, regulations and standards in the field of Health Information Technology. This Committee covers the growing field of HIT as well as E-Health developments such as Telehealth and Telemedicine, Electronic Health Records (EHR), eHealth Collaborative and RHIOs, HIPAA & HITECH, and Provider Integration under ACO/DSRIP/MCO.
Daniel Meier, Esq.
Nathan Prystowsky, Esq.
HEALTHCARE LITIGATION - NEW!
Linda J. Clark, Esq.
Jeffrey J. Sherrin, Esq.
Committee roster coming soon!
HEALTHCARE PROVIDERS AND IN-HOUSE COUNSEL
The Providers and In-House Counsel Committee will discuss a broad range of issues facing healthcare providers, whether hospitals, physicians and physician groups, home care agencies, labs, pharmacies, or others. These issues range from contractual, corporate, regulatory and compliance to antitrust, professional liability, tax and tax-exempt issues, formation of networks, DSRIP, payer issues, and more. It will seek to focus on issues with which in-house counsel are often involved, including patient care matters and changes to the law that can require changes to institutional policies and procedures. It will also look at whether there are changes in the law that the committee can promote or provide education about.
Margaret Davino, Esq.
Anoush Koroghlian Scott Esq.
Carolyn Levine, Esq.
More than ever before, as a result of the rapid changes in the healthcare industry, licensed healthcare professionals are accepting employments with large health systems or consolidating into larger single and multi-disciplinary groups. Many of these arrangements are in response to the greater demands for collaboration and coordination among health care providers. They also appear to be driven by the significant investments in practice infrastructure needed to comply with the ever increasing health care regulations as well as prepare for more dramatic changes in the provider payment methodologies that will focus payment on value and patient outcomes. The mission of the Licensed Healthcare Professionals Committee is to focus on the legal issues, challenges, and laws and regulations that licensed individual healthcare professionals and their counsel face and help educate them in these areas.
The Legislative Issues Committee of the Health Law Section analyzes pending legislation and proposed regulations and makes recommendations to the Section on positions that might be taken with respect to these proposed laws or regulations. These discussions have resulted in the filing of memoranda in support or opposition to legislation and, where appropriate, in the filing of detailed comments on pending regulations. In addition, the committee has researched and developed legislation to advance itself on a topic of interest to the Health Law Section.
James W. Lytle, Esq.
The Long-Term Care Committee focuses on legal issues relating to skilled nursing, assisted living, home care and other providers of long-term care. It also provides a forum to address issues relating to individuals with special needs, developmental disabilities, and mental or behavioral health conditions, many of whom who receive services from long-term-care providers. The Committee provides a forum for members to discuss laws, regulations, and policies relating to the operation and oversight of long-term care providers; offers opportunities for comment on emerging developments relating to long-term care providers and the individuals they serve; undertakes initiatives to educate members, other attorneys and the public on the relevant legal issues; and provides opportunities for member networking.
Jane Bello-Burke, Esq.
MEDICAL RESEARCH AND BIOTECHNOLOGY
Committee Mission Statement and Goals
- Internal: To keep members up-to-date on cutting-edge developments in the law relevant to medical research and the use of nanobiotech and biotechnology in clinical practice;
- External: to partake in activities that meaningfully contribute to the development of sound laws, policies and regulations governing biomedical research and clinical practice; and
- Networking: to provide members with an opportunity to network with colleagues on the committee and with relevant external organizations and individuals.
Comments on U.S. FDA Guidance entitled "Framework for Regulatory Oversight of Laboratory Developed Tests (LDTs) January 2015
Franken-Food or Scare Tactics? The Science, Law and Technology of Genetically Modified Foods - Excerpts from Panel Discussion NYSBA Health Law Journal Spring/Summer 2015
NYSBA Health Law Section Medical Research and Biotechnology Committee and Food, Drug Cosmetic Law Section Recommended Changes to Accommodate Biosimilars - November 2015
Health Law Section Medical Research and Biotechnology Committee: Proposed Revisions To The Common Rule Federal Policy For The Protection of Human Subjects - October 26, 2015
NYSBA Health Law Section Medical Research and Biotechnology Committee and Food, Drug Cosmetic Law Section Comments on FDA Guidance on “Nonproprietary Naming of Biological Products: Guidance for Industry” October 26, 2015
Alex C. Brownstein, Esq.
Samuel J. Servello, Esq.
The Committee is responsible for Section recruitment and member support. The Committee also organizes membership appreciation activities. Includes subcommittee devoted to the Section’s participation in the Bar Association’s Diversity Initiatives. This subcommittee is responsible for implementation of our summer internship program and our efforts to reach out to minority bar associations. Participation is especially useful for young attorneys who are trying to break into the Health Law field, as its activities provide rich networking opportunities.
Lisa D. Hayes, Esq.
PAYMENT, ENFORCEMENT AND COMPLIANCE
The Payment, Enforcement and Compliance Committee monitors trends and practices in reimbursement, billing, collection and provider audits under Medicare, Medicaid and other federal and state health care programs. The Committee tracks developments related to reimbursement and payment policies of managed care and commercial payors including the changing face of health care delivery and reimbursement, the restructuring and management of risk-sharing arrangements, valued-based purchasing, bundled payments and ACOs. The Committee’s focus includes compliance, quality of care, false claims, kickback and Stark Law issues, as well as fraud and abuse prevention, investigations and prosecutions, arising as a result of changing health delivery systems and payment initiatives.
The Professional Discipline Committee will discuss issues facing physicians and other licensed health care professionals in the area of professional discipline, including investigations and proceedings involving the Office of Professional Misconduct (OPMC) and Office of Professional Discipline (OPD). The Committee will follow legislative and administrative proposals that may affect such professionals, and comment upon them where appropriate.
Joseph DeMarzo, Esq.
Douglas M. Nadjari, Esq.
PUBLIC HEALTH LAW
The Public Health Law Committee provides a forum for discussing the legal powers and duties of government to maintain a healthy population and the tension between the government's role in protecting and promoting public health and the rights and interests of individual citizens.
Veda Collmer, Esq.
The Young Health Lawyers Committee is designed to create opportunities and facilitate development activities through education and networking. The Committee is targeted to early- career lawyers who are new to, or interested in, the health law field.
Cassandra Rivais, Esq.
Comments to the NYS Medicaid Inspector General re MED-39-09-00007-P and MED 39-09-00008-P (November 2009)
Comments to the NYS Medicaid Inspector General re OMIG Audit of Ancillary Services.... (November 2008)