• Court Holds That Expense Reimbursement Provision Contained in Judicially Disapproved Contract for Sale of Hospital's Assets is Unreasonable and Unenforceable Under New York Not-For-Profit Corporation Law § 511
• Second Circuit Holds That PAIMI Grants Access to State Hospitals' Peer Review Records to Connecticut's Office of Protection and Advocacy for Persons with Disabilities
• Federal Court Dismisses Physician's Discrimination Suit, Finding That Voluntary Attending Physician with Staff Privileges at Hospital Is Not an Employee Under Title VII or New York State Human Rights Law
• Court Holds That Association of Psychiatrists Does Not Have Standing to Challenge Regulations Promulgated by Department of Education
• Court Holds Women's Health and Wellness Act (WHWA) Does Not Violate Free Exercise Provisions of State and Federal Constitutions
• Court Denies Physician's Petition Seeking to Compel OPMC to Produce Its Investigative File
• Prior Cy Pres Proceeding Relevant in Determining Whether to Grand Charity's Subsequent Petition for Cy Pres Relief
• Health Care Decisions Act for Persons with Mental Retardation Grants Full Health Care Decision-Making Authority to Existing Guardians
• Fair Debt Collection Practices Act Does Not Apply to Debt Collector When Debtor Is Not in Default
• Federal Court Denies Motion to Dismiss Antitrust Complaint by Radiologist and Imaging Service Provider Against NYU School of Medicine and NYU Radiologist

• Home Health Care Provider Is Entitled to Notice and Opportunity to Be Heard Prior to the State Acting to Recover Alleged Medicaid Overpayments
• State Supreme Court Rejects State Psychiatric Hospital’s Attempt to Use Mental Health Law to Civilly Confine Violent Prisoners After Their Prison Terms Ended
• In re Wolseley – Court Grant’s Hospital’s Application Under Cy Pres Doctrine to Lift Restriction on Bequests Worth $14 Million
• Disclosing Confidential HIV Information to Correction Officer Guarding a Patient, Without Notifying Officer that Further Disclosure of Information Is Prohibited, Violates Article 27-F of the Public Health Law
• In Patient's Civil Suit for Battery, Physician Is Collaterally Estopped from Re-litigating Issues Decided at OPMC Hearing Daughter As Health Care Agent of Her Mother Is Entitled to Copies of Mother's Medical Records for the Purpose of Facilitating Appropriate Treatment by the Patient's Subsequent Caregivers
• Hospital Was Not Liable for Private Physician's Malpractice and Failure to Obtain Informed Consent for a Pedicle Screw System
• Hospital Met Burden for Summary Judgment on a Claim of Negligent Hiring and Supervision Because It Acted with Reasonable Care in Hiring and Retaining Nurse
• HMO Deemed Justified in Terminating Physician Who Was Subject to Final Disciplinary Action Restricting His Ability to Practice Medicine
• Court Holds that Hospital's Credentials Files on Physician Are Privileged and Exempt from Discovery
• Termination of Anesthesiologist Did Not Violate Age Discrimination in Employment Act

• Court of Appeals Rejects Challenge to For-Profit Conversion of Empire Blue Cross and Blue Shield
• Second Circuit Dismisses Antitrust Suit by Emergency Medicine Physicians Seeking to Change Board Certification Eligibility Criteria
• State Commission on Quality Care for the Mentally Disabled Does Not Have Authority to Subpoena Documents Held by Owners and Operators of Realty Holding Companies
• Noncompliance with Public Health Law Will Not Void Agreement Transferring Ownership in Ambulatory Surgery Center
• Court Allows New York Public Health Law Statutory Claims Against Nursing Home and Its Administrator, in Addition to Traditional Malpractice and Negligence Claims
• Court of Appeals Finds Seven-Year Delay in Audit of Nursing Home "Untimely"
  Waiver Provision of Labor Law § 740 Is Irrevocable Upon Commencement of the Action; Waiver Provision Does Not Apply to Bar Federal Causes of Action
  Commencement of Labor Law § 740 Action Waives All State Claims Arising Out of the Same Retaliatory Action on Which the § 740 Claim Is Based; Employee Handbook Did Not Give Rise to Breach of Contract Claim
• A Cause of Action Under Labor Law § 740 Requires Allegations That the Employee Was Terminated in Retaliation for Reporting an Actual Violation of a Law, Rule or Regulation; an Employee's Good Faith, Reasonable Belief That a Violation Occurred Is Insufficient
• Hospital Forced to Disclose Material Relating to Patient's Medical Records Despite HIPAA Defense in Connection with Administrative Disciplinary Proceedings Against Nurse

• Federal Court Invalidates New York's Employer Gag Law
  Claim That Hospitals Acted as Debt Collectors Survives Motion to Dismiss
  Court of Appeals Rules That OPMC Can Conduct Comprehensive Medical Records Review Without Issuing Subpoena
• Directors and Officers of Not-For-Profit Corporation Need Not Post a Bond as a Condition to the Corporation's Advancement of Defense Costs
• No Retroactive Effect of the Health Care Decisions Act for Persons with Mental Retardation
• Department of Health's Oral Demand to Surrender Operating Certificate Deemed Sufficient to Trigger Article 78 Limitations Period
• Patient's Bill of Rights Does Not Provide Basis for Breach of Contract Claim
• Hospital Not Liable for Autopsy Performed by Medical Examiner Without Consent of Surviving Family Members
• Appellate Division Upholds Court of Claims Award for Violating Public Health Law Section § 2782.

~ Newest Summaries