Insights & Resources

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