Appellate Division, Third Department Finds That Physicians Are Entitled To Receive MLMIC Demutualization Funds

June 30, 2020

  On June 18, 2020, the Appellate Division’s Third Judicial Department issued a decision in the case Schoch v. Lake Champlain Ob-Gyn, P.C., No. 529615, concerning entitlement to MLMIC funds distributed in connection with MLMIC’s purchase in 2018 by National Indemnity Company, a Berkshire Hathaway subsidiary. Schoch involved an appeal from a decision and order …

Federal Court Rejects Hospital Challenge To Price Transparency Rule

June 24, 2020

  A federal judge has rejected a lawsuit that challenged a final rule requiring hospitals to publish their pricing information online by January 1, 2021. The American Hospital Association (AHA) and others sued to block the rule, alleging that the Department of Health and Human Services (HHS) had exceeded its legal authority by requiring hospitals …

United States Supreme Court Rules Title VII Prevents Discrimination Against Employees Because Of Sexual Orientation Or Gender Identity

June 23, 2020

  On June 15, 2020, the United States Supreme Court ruled, in a 6-3 decision, that Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on their sexual orientation and/or gender identity. The decision, Bostock v. Clayton County, decided three United States Court of Appeals cases involving the Second, Sixth, …

Residential Facilities Required To Create Pandemic Emergency Plans

  New York State recently enacted legislation amending Public Health Law Section 2803 to require that each residential health care facility submit a pandemic emergency plan to the Department of Health no later than September 15, 2020, and annually thereafter. Each facility must also make its pandemic emergency plan available to the public immediately upon …

Governor Cuomo Announces New York City Is Open For Elective Surgeries

June 8, 2020

  During Governor Cuomo’s press briefing today, June 8, 2020, he announced that New York City is open for elective surgery and ambulatory care.  This means that elective surgery and non-emergent procedures may be provided in licensed settings (e.g., ambulatory surgery centers) provided the guidelines published by the New York State Department of Health (“NYDOH”) are …