Survey: 2011 Health Law

Kirsten Lerch and Kristy Fischmann provide an update on Health Law in the state of New York between July 1, 2010 and June 30, 2011.

At the federal level, the historic challenges to the Patient Protection and Affordable Care Act (PPACA), primarily the controversial individual mandate contained therein, topped the significant health care developments in 2011. Along with this opposition were challenges to Medicare’s application of the “improvement standard” or “stability presumption” in denying patients Medicare coverage for necessary medical services. Also pertaining to Medicare, parties to liability settlements and awards continue to struggle to understand the implications of the Medicare Secondary Payer Act and section 111 and also struggle to ensure they are in compliance with the same in considering Medicare’s future interest for payment of medical care.

At the state level, the New York State Medical Indemnity Fund was created to provide for future health care costs associated with birth-related neurological injuries. In addition, new provisions in the Civil Practice Law and Rules (CPLR) were enacted which will effect medical malpractice actions in New York. Further, the New York Court of Appeals addressed the Health Insurance Portability and Accountability Act (HIPAA) Privacy Law in relation to New York’s Kendra’s Law.

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Kristen Lerch is an Associate with Gale, Gale & Hunt, LLC, J.D., State University of New York at Buffalo; B.A., State University of New York College at Geneseo.

Kristy Fischmann is also an Associate with Gale, Gale & Hunt, LLC. J.D., Syracuse University College of Law; B.S., Utica College of Syracuse University.

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