This is an exciting time for mental health professionals (and for health law attorneys) in New York! Following on the heels of Colorado and Oregon, New York currently has a number of bills pending which would legalize psychedelics for therapeutic use and also legalize the personal use of certain natural plant or fungus-based hallucinogens. These…
Mobile diagnostic units provide benefits for both referring physicians and their patients. They allow referring physicians to provide diagnostic services to their patients in the convenience of their own office, thereby saving their patients the trouble of traveling to another location for diagnostic tests. A common arrangement with respect to mobile diagnostic units is the following: The reading physician…
If you are a New York healthcare provider and you have received a letter from an insurance company alleging that you have been overpaid for certain services, you should understand your rights under the law. The New York Insurance Law provides protections to healthcare providers and sets limitations on the scope of recoupment efforts by…
The teleradiology market is exploding. The global market was valued at $1.99 billion in 2016 and it is estimated to reach $8.2 billion by 2024, according to a report by Grand View Research, Inc. North America comprised 40% of the overall market in 2015, according to the report. Teleradiology enables rapid diagnoses and allows specialists…
Rep. Peter J. Roskam (R-IL) is clearly adamant about taking some action that he stresses is imperative to safeguard the health care industry against crushing regulatory challenges of the highest order. Here’s the problem, Roskam asserts: Health professionals are flailing under an onslaught – relentless and growing – of burdensome and often nonsensical regulation. The…
When a judge allows highly prejudicial and case-irrelevant evidence to be “wafted before the jury to trigger its punitive instincts,” it is likely that an appellate tribunal will take action. Which is exactly what a federal appeals panel did last week in New Orleans. Appellate judges cited a lower court’s error in allowing plaintiffs’ counsel…
A recent in-depth media profile calls it “a target-rich environment for investigation and prosecution.” That same report also stresses that federal criminal enforcement over it “stands poised to become increasingly muscular and robust.” The subject matter comprising “it” in the above piece is health care fraud. That realm is unquestionably a top-tier focus of national…
Patient safety is, or should be, a top priority in every health care facility in New York and the rest of the country. Safety can be at risk many different ways. One major threat that deserves particular attention is that posed by cyber attackers going after network-linked equipment and medical data. To show just how significant…
Much criticism of the U.S. Food and Drug Administration from health care analysts and commentators spotlights alleged overregulation of the medical realm and its adverse effects on both business growth and innovation. That has once again proven to be true in the response of one industry group to recent FDA-authored draft guidance concerning software that…
The process applicable to formal rulemaking engaged in by federal agencies is lengthy and laborious. A recent Bloomberg article discussing how ideas turn into final administrative rules describes it as “cumbersome.” No one likely knows that better than principal employees of the U.S. Food and Drug Administration. The FDA is an agency that is routinely…