Madelin T. Zwerling
Partner
516-393-2510
Patient Rights and Discharge Planning
- Overview
- Attorneys
- Insights
Garfunkel Wild’s Patient Rights and Discharge Planning Practice Group provides advice on a variety of patient rights issues related to treatment and the safe and appropriate discharge of patients from a hospital, nursing home, or home health care setting. The members of the Patient Rights and Discharge Planning Practice Group have decades of experience to draw upon in assisting and counseling hospital systems, nursing homes, assisted living facilities, and other entities, in correctly responding to discharge challenges.
The Patient Rights and Discharge Planning Practice Group advises our clients in the following representative areas:
- Issues governing patient rights in hospitals, nursing homes, and home health care settings
- Consult with Hospital clients regarding patient Advance Directives including DNR, Health Care Proxy, MOLST, and Living Wills. Issues including such as withdrawal and/or withholding of life-sustaining treatment for patients with developmental disabilities
- Issues and litigation concerning treatment disputes with patients, health care agents, and surrogate decision-makers
- Draft Supplemental Needs Trusts and advise clients with disabilities.
- Litigation to compel the discharge of patients refusing to leave the hospital (Removal actions –injunctive relief)
- Confidentiality and disclosure of medical records, including specially protected records relating to HIV testing and treatment, substance/alcohol abuse treatment, and mental health care
- Nursing home resident rights and discharge/transfer issues
- Incident reporting for health care providers
- Assisting health care providers with issues concerning Medicaid eligibility for undocumented patients
- Proceedings:
- Guardianship proceedings
- Medical treatment over objection
- Mental Hygiene Proceedings such as etention and treatment over objection of involuntary psychiatric patients hospitalized in New York, New Jersey, and Connecticut.
- End-of-life litigation
- Medical treatment over objection
Practice Group Contacts
Team
New OIG Priorities Emerge in Report
The U.S. Department of Health and Human Services (HHS), Office of Inspector General (OIG) released its Semiannual Report (SAR) to Congress on December 4, 2024.
OIG Report Highlights Enforcement Priorities
The U.S. Department of Health and Human Services (HHS), Office of Inspector General (OIG) released its revamped Semiannual Report (SAR) on June 3, 2024. The SAR’s new format focuses on the oversight work OIG completed during the reporting period, and emphasizes how this work directly addresses the Top Management Challenges Facing HHS.
Telehealth Update: NY Proposes Controlled Substance Prescribing, Waiting on DEA
On May 15, 2024, the New York State Department of Health (DOH) announced a pivotal change in its regulations, as it intends to permit health care providers to use telemedicine to conduct patient evaluations before prescribing controlled substances. Prior to the COVID-19 pandemic, DOH required health care providers to perform an initial in-person physical evaluation of patients before prescribing controlled substances.
Mental Health Law and Discharge Planning Q&A
Garfunkel Wild’s Patient Rights and Discharge Planning attorneys are ready to answer all of your mental health law questions in our Q&A series.
FTC Bans Non-Competes Across the Nation
On Tuesday, April 23, 2024, the Federal Trade Commission (FTC) promulgated a final rule banning most non-compete agreements, in any industry, and is set to become effective 120 days after its publication in the Federal Register (the “Final Rule”).
OMIG’s 2024 Work Plan Gives Critical Insights into Program Integrity Initiatives
The New York State Office of the Medicaid Inspector General (OMIG) released its 2024 work plan in furtherance of its mission to coordinate and conduct activities to prevent, detect and investigate medical assistance program fraud, waste and abuse, and to recover improperly expended Medicaid funds.
OIG’s Favorable Advisory Opinions Allow Incentives to Medigap Plan Policyholders
The U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted two favorable Advisory Opinions (23-09 and 23-10) to allow a licensed offeror of Medicare Supplemental Health Insurance (Medigap Plan) policies and a preferred health organization (PHO) (collectively, “the requestors”) to incentivize Medigap Plan policyholders to seek inpatient care from a hospital within the PHO’s network. Notably, OIG issued these favorable opinions even though the proposed incentives implicated the Anti-Kickback Statute (AKS) and the Beneficiary Inducement Civil Money Penalty (CMP), and there was no applicable exception or safe harbor.
More Provider “Nuggets” From OIG’s Year-End Reporting Blitz
Continuing its year-end reporting blitz, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) released its Semiannual Report (SAR) to Congress on December 1, 2023.
Updates on Tracking Technologies and Information Blocking
As we have noted in a previous Garfunkel Wild alert, the Department of Health and Human Services (“DHHS”) Office of Civil Rights (‘OCR”) published guidance regarding the use of tracking technologies (i.e., technologies that collect and analyze information about how users interact with websites and mobile applications).
Flurry of Activity Around Patient Information Impacting New York Providers
In the last few months of 2023, there has been a flurry of legal activity pertaining to the use, disclosure, and protection of health information. Here is a summary of the latest legal initiatives impacting New York providers.
OIG Releases New General Compliance Program Reference Guide
On November 6, 2023, the OIG released its General Compliance Program Guidance, the first in a series of new, non-binding reference guides designed to share information with health care compliance professionals and other health care industry stakeholders
FQHC Enters Into Agreement To Resolve Disability Discrimination Complaint
On May 10, 2023, MCR Health, Inc. (“MCR” or the “Center”), a federally qualified health center (“FQHC”) based in Florida entered into a voluntary resolution agreement with the Department of Health and Human Services, Office of Civil Rights (“OCR”) to resolve a disability discrimination complaint against the Center.
New York Hospital Dilemma: Admitting and Treating Patients with Mental Illness
In this webinar, Garfunkel Wild's Madelin T. Zwerling, and Colleen M. Tarpey will guide mental health care workers through the laws and principles that govern the treatment of mentally ill patients in New York.
What to Do When A New York Hospital Patient Refuses to Leave
What happens when a hospital develops a safe discharge plan for a patient but the patient does not agree and refuses to leave the hospital? What can a hospital do?
Garfunkel Wild’s Patient Rights and Discharge Planning Practice Group provides advice on a variety of patient rights issues related to treatment and the safe and appropriate discharge of patients from a hospital, nursing home, or home health care setting. The members of the Patient Rights and Discharge Planning Practice Group have decades of experience to draw upon in assisting and counseling hospital systems, nursing homes, assisted living facilities, and other entities, in correctly responding to discharge challenges.
The Patient Rights and Discharge Planning Practice Group advises our clients in the following representative areas:
- Issues governing patient rights in hospitals, nursing homes, and home health care settings
- Consult with Hospital clients regarding patient Advance Directives including DNR, Health Care Proxy, MOLST, and Living Wills. Issues including such as withdrawal and/or withholding of life-sustaining treatment for patients with developmental disabilities
- Issues and litigation concerning treatment disputes with patients, health care agents, and surrogate decision-makers
- Draft Supplemental Needs Trusts and advise clients with disabilities.
- Litigation to compel the discharge of patients refusing to leave the hospital (Removal actions –injunctive relief)
- Confidentiality and disclosure of medical records, including specially protected records relating to HIV testing and treatment, substance/alcohol abuse treatment, and mental health care
- Nursing home resident rights and discharge/transfer issues
- Incident reporting for health care providers
- Assisting health care providers with issues concerning Medicaid eligibility for undocumented patients
- Proceedings:
- Guardianship proceedings
- Medical treatment over objection
- Mental Hygiene Proceedings such as etention and treatment over objection of involuntary psychiatric patients hospitalized in New York, New Jersey, and Connecticut.
- End-of-life litigation
- Medical treatment over objection
Practice Group Contacts
Team
New OIG Priorities Emerge in Report
The U.S. Department of Health and Human Services (HHS), Office of Inspector General (OIG) released its Semiannual Report (SAR) to Congress on December 4, 2024.
OIG Report Highlights Enforcement Priorities
The U.S. Department of Health and Human Services (HHS), Office of Inspector General (OIG) released its revamped Semiannual Report (SAR) on June 3, 2024. The SAR’s new format focuses on the oversight work OIG completed during the reporting period, and emphasizes how this work directly addresses the Top Management Challenges Facing HHS.
Telehealth Update: NY Proposes Controlled Substance Prescribing, Waiting on DEA
On May 15, 2024, the New York State Department of Health (DOH) announced a pivotal change in its regulations, as it intends to permit health care providers to use telemedicine to conduct patient evaluations before prescribing controlled substances. Prior to the COVID-19 pandemic, DOH required health care providers to perform an initial in-person physical evaluation of patients before prescribing controlled substances.
Mental Health Law and Discharge Planning Q&A
Garfunkel Wild’s Patient Rights and Discharge Planning attorneys are ready to answer all of your mental health law questions in our Q&A series.
FTC Bans Non-Competes Across the Nation
On Tuesday, April 23, 2024, the Federal Trade Commission (FTC) promulgated a final rule banning most non-compete agreements, in any industry, and is set to become effective 120 days after its publication in the Federal Register (the “Final Rule”).
OMIG’s 2024 Work Plan Gives Critical Insights into Program Integrity Initiatives
The New York State Office of the Medicaid Inspector General (OMIG) released its 2024 work plan in furtherance of its mission to coordinate and conduct activities to prevent, detect and investigate medical assistance program fraud, waste and abuse, and to recover improperly expended Medicaid funds.
OIG’s Favorable Advisory Opinions Allow Incentives to Medigap Plan Policyholders
The U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted two favorable Advisory Opinions (23-09 and 23-10) to allow a licensed offeror of Medicare Supplemental Health Insurance (Medigap Plan) policies and a preferred health organization (PHO) (collectively, “the requestors”) to incentivize Medigap Plan policyholders to seek inpatient care from a hospital within the PHO’s network. Notably, OIG issued these favorable opinions even though the proposed incentives implicated the Anti-Kickback Statute (AKS) and the Beneficiary Inducement Civil Money Penalty (CMP), and there was no applicable exception or safe harbor.
More Provider “Nuggets” From OIG’s Year-End Reporting Blitz
Continuing its year-end reporting blitz, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) released its Semiannual Report (SAR) to Congress on December 1, 2023.
Updates on Tracking Technologies and Information Blocking
As we have noted in a previous Garfunkel Wild alert, the Department of Health and Human Services (“DHHS”) Office of Civil Rights (‘OCR”) published guidance regarding the use of tracking technologies (i.e., technologies that collect and analyze information about how users interact with websites and mobile applications).
Flurry of Activity Around Patient Information Impacting New York Providers
In the last few months of 2023, there has been a flurry of legal activity pertaining to the use, disclosure, and protection of health information. Here is a summary of the latest legal initiatives impacting New York providers.
OIG Releases New General Compliance Program Reference Guide
On November 6, 2023, the OIG released its General Compliance Program Guidance, the first in a series of new, non-binding reference guides designed to share information with health care compliance professionals and other health care industry stakeholders
FQHC Enters Into Agreement To Resolve Disability Discrimination Complaint
On May 10, 2023, MCR Health, Inc. (“MCR” or the “Center”), a federally qualified health center (“FQHC”) based in Florida entered into a voluntary resolution agreement with the Department of Health and Human Services, Office of Civil Rights (“OCR”) to resolve a disability discrimination complaint against the Center.
New York Hospital Dilemma: Admitting and Treating Patients with Mental Illness
In this webinar, Garfunkel Wild's Madelin T. Zwerling, and Colleen M. Tarpey will guide mental health care workers through the laws and principles that govern the treatment of mentally ill patients in New York.
What to Do When A New York Hospital Patient Refuses to Leave
What happens when a hospital develops a safe discharge plan for a patient but the patient does not agree and refuses to leave the hospital? What can a hospital do?