In the New York State Courts (New York State Bar Associations Health Law Journal Winter 2018)

Partner/Director Leonard M. Rosenberg, had his article “In the New York State Courts,” published in the Winter 2018 (Volume 23, Number 3) issue of the New York State Bar Association’s Health Law Journal.

The article provides summaries of the court’s decision and are intended to give an overview of important judicial decisions in the areas of law which affect our clients. Please note that these are only summaries and not complete versions of the text of the court’s decision. For the complete decisions, please consult the court of record.

Summarized court’s decision include:

Court of Appeals Affirm Appellate Division Ruling Striking Down “Soft Cap” on Non-Profit Health Care Executive Compensation
Court of Appeals Rules That OMIG Is Permitted to Recoup Full Amount of Estimated Medicaid Overpayments Against Clinic Operator
Appellate Division Dismisses Neurosurgeon’s Suit for Injunction to Obtain Clinical Privileges
Court of Appeals Holds That Hearsay Can Constitute Substantial Evidence in Administrative Proceeding Even if Contradicted by Live Testimony
Federal Court Holds That Protected Health Information Has Value Sufficient to Sustain Alleged Violation of the New York False Claims Act
Qui Tam Suit Dismissed Based on Prior Public Disclosure and Because Realtor Was Not the Original Source
Law Firm Disqualified From Representing Physician in Suit Against Hospital at Which Firm Partner Is a Member of the Board of Trustees
Appellate Division Orders Disclosure of Privileged Medical Records in Whistleblower Case
Appellate Division Rules that Document Presented at Quality Assurance Review Meeting Is Privileged Under Education Law §6527(3) but Is Discoverable Under the Medical Malpractice Exception
Appellate Division Holds That Charges Brought by OPMC Eight to Nine Years After Alleged Misconduct Occurred Was Not Prejudicial to Physician