To join one or more of the Committees below, you may email the Chair, Co-Chair or staff Liaison.
Click on the committee chair's name to access his or her email address.
CONTINUING LEGAL EDUCATION (CLE)
Our
objective is to initiate CLE presentations and to assist the production
of CLE presentations initiated by other committees of our Section. Our
ultimate objective is to assure that our Section members will be able to
satisfy the required 24 hours of CLE every two years, solely by
attending CLE presentations put on by our Section.
Committee Chair
Sandra Maliszewski, Esq.
Committee roster
DIVERSITY COMMITTEE
Committee Chair
Lisa D. Hayes, Esq.
Committee Roster
Diversity Internship Program Co-Chairs
Dionne Schuler, Esq.
Lisa D. Hayes, Esq.
ETHICAL ISSUES IN THE PROVISION OF HEALTH CARE
The best course of action in the
provision of health care is often clouded by competing interests and values,
missing information, and undefined risk. Ethically fraught health care issues
usually involve vulnerable people and include surrogate decision making,
transplant, cost control, end of life care, and experimental treatment, among
many others. The “right” decision is not always objective, and striving for it
requires balancing considerations regarding quality of life, preservation of
life, and public health. Health care law must codify rights and duties that
promote an evolving understanding of human well-being. The traditional
principles of biomedical ethics -- Justice, Autonomy, Nonmaleficence, and
Beneficence-- must constantly be redefined in light of medical advances and
complemented by new principles like Accommodation and Community.
This Committee examines current
evidence and literature on health care innovations as well as persisting
problems in health care, and collaborates with experts in relevant fields.
These efforts lead to the development of policy recommendations, guidance
documents, presentations, and education programs designed to assist
practitioners and policy makers in refining the legal environment to be more
conducive to our individual and collective health.
Committee Chair
Brendan Parent, Esq.
Committee Roster
E-HEALTH AND INFORMATION SYSTEMS
The
E-Health and Information Systems Committee was designed to focus on the
developing laws, regulations and standards in the field of Health
Information Technology. This Committee covers the growing field of HIT
as well as E-Health developments such as Telehealth and Telemedicine,
Electronic Health Records (EHR), eHealth Collaborative and RHIOs, HIPAA
& HITECH, and Provider Integration under ACO/DSRIP/MCO.
Committee Co-Chairs
Daniel Meier, Esq.
Nathan Prystowsky, Esq.
Committee Roster
HEALTHCARE LITIGATION
In recognition of the quickly growing and
ever-evolving field of health care litigation, the Health Law Litigation
Committee will focus on areas of health law involving the adversarial
litigation process, both civil and criminal, that are relevant to health
care disputes. This Committee seeks to study and review challenges
unique or relevant to participants in the health care industry,
including patients, providers, and payors, as well as promote collegial
sharing among NYSBA lawyers, and the dissemination of information and
expertise in both litigation and other resolutions of health
care-related disputes.
Committee Co-Chairs
Linda J. Clark, Esq.
Jeffrey J. Sherrin, Esq.
HEALTHCARE PROVIDERS AND IN-HOUSE COUNSEL
The
Providers and In-House Counsel Committee will discuss a broad range of
issues facing healthcare providers, whether hospitals, physicians and
physician groups, home care agencies, labs, pharmacies, or others.
These issues range from contractual, corporate, regulatory and
compliance to antitrust, professional liability, tax and tax-exempt
issues, formation of networks, DSRIP, payer issues, and more. It will
seek to focus on issues with which in-house counsel are often involved,
including patient care matters and changes to the law that can require
changes to institutional policies and procedures. It will also look at
whether there are changes in the law that the committee can promote or
provide education about.
Committee Co-Chairs
Margaret Davino, Esq.
Anoush Koroghlian Scott Esq.
Carolyn Levine, Esq.
Committee Roster
HEALTH PROFESSIONALS
More
than ever before, as a result of the rapid changes in the healthcare
industry, licensed healthcare professionals are accepting employments
with large health systems or consolidating into larger single and
multi-disciplinary groups. Many of these arrangements are in response
to the greater demands for collaboration and coordination among health
care providers. They also appear to be driven by the significant
investments in practice infrastructure needed to comply with the ever
increasing health care regulations as well as prepare for more dramatic
changes in the provider payment methodologies that will focus payment
on value and patient outcomes. The mission of the Licensed Healthcare
Professionals Committee is to focus on the legal issues, challenges,
and laws and regulations that licensed individual healthcare
professionals and their counsel face and help educate them in these
areas.
Committee Chair:
Committee Roster
LEGISLATIVE ISSUES
The
Legislative Issues Committee of the Health Law Section analyzes pending
legislation and proposed regulations and makes recommendations to the
Section on positions that might be taken with respect to these proposed
laws or regulations. These discussions have resulted in the filing of
memoranda in support or opposition to legislation and, where
appropriate, in the filing of detailed comments on pending regulations.
In addition, the committee has researched and developed legislation to
advance itself on a topic of interest to the Health Law Section.
Committee Chair
James W. Lytle, Esq.
Committee Roster
LONG-TERM CARE
The
Long-Term Care Committee focuses on legal issues relating to skilled
nursing, assisted living, home care and other providers of long-term
care. It also provides a forum to address issues relating to individuals
with special needs, developmental disabilities, and mental or
behavioral health conditions, many of whom who receive services from
long-term-care providers. The Committee provides a forum for members to
discuss laws, regulations, and policies relating to the operation and
oversight of long-term care providers; offers opportunities for comment
on emerging developments relating to long-term care providers and the
individuals they serve; undertakes initiatives to educate members, other
attorneys and the public on the relevant legal issues; and provides
opportunities for member networking.
Committee Chair
Jane Bello Burke, Esq.
Committee Roster
MEDICAL RESEARCH AND BIOTECHNOLOGY
Committee Mission Statement and Goals
- Internal:
To keep members up-to-date on cutting-edge developments in the law
relevant to medical research and the use of nanobiotech and
biotechnology in clinical practice;
- External: to partake in
activities that meaningfully contribute to the development of sound
laws, policies and regulations governing biomedical research and
clinical practice; and
- Networking: to provide members with an
opportunity to network with colleagues on the committee and with
relevant external organizations and individuals.
Comments on U.S. FDA Guidance entitled "Framework for Regulatory Oversight of Laboratory Developed Tests (LDTs) January 2015
Franken-Food or Scare Tactics? The Science, Law and Technology of Genetically Modified Foods - Excerpts from Panel Discussion NYSBA Health Law Journal Spring/Summer 2015
NYSBA
Health Law Section Medical Research and Biotechnology Committee and
Food, Drug Cosmetic Law Section Recommended Changes to Accommodate
Biosimilars - November 2015
Health
Law Section Medical Research and Biotechnology Committee: Proposed
Revisions To The Common Rule Federal Policy For The Protection of Human
Subjects - October 26, 2015
NYSBA
Health Law Section Medical Research and Biotechnology Committee and
Food, Drug Cosmetic Law Section Comments on FDA Guidance on
“Nonproprietary Naming of Biological Products: Guidance for Industry” October 26, 2015
Committee Co-Chairs
Alex C. Brownstein, Esq.
Samuel J. Servello, Esq.
Committee Roster
MEMBERSHIP
The
Committee is responsible for Section recruitment and member support.
The Committee also organizes membership appreciation
activities. Includes subcommittee devoted to the Section’s participation
in the Bar Association’s Diversity Initiatives. This subcommittee is
responsible for implementation of our summer internship program and our
efforts to reach out to minority bar associations. Participation is
especially useful for young attorneys who are trying to break into the
Health Law field, as its activities provide rich networking
opportunities.
Committee Chair
Lisa D. Hayes, Esq.
Committee Roster
PAYMENT, ENFORCEMENT AND COMPLIANCE
The Payment, Enforcement and Compliance Committee monitors
trends and practices in reimbursement, billing, collection and provider
audits under Medicare, Medicaid and other federal and state health care
programs. The Committee tracks developments related to reimbursement
and payment policies of managed care and commercial payors including the
changing face of health care delivery and reimbursement, the
restructuring and management of risk-sharing arrangements, valued-based
purchasing, bundled payments and ACOs. The Committee’s focus includes
compliance, quality of care, false claims, kickback and Stark Law
issues, as well as fraud and abuse prevention, investigations and
prosecutions, arising as a result of changing health delivery systems
and payment initiatives.
Committee Chair
Committee Roster
PROFESSIONAL DISCIPLINE
The
Professional Discipline Committee will discuss issues facing physicians
and other licensed health care professionals in the area of
professional discipline, including investigations and proceedings
involving the Office of Professional Misconduct (OPMC) and Office of
Professional Discipline (OPD). The Committee will follow legislative
and administrative proposals that may affect such professionals, and
comment upon them where appropriate.
Committee Co-Chair
Joseph DeMarzo, Esq.
Douglas M. Nadjari, Esq.
Committee Roster
PUBLIC HEALTH LAW
The
Public Health Law Committee provides a forum for discussing the legal
powers and duties of government to maintain a healthy population and the
tension between the government's role in protecting and promoting
public health and the rights and interests of individual citizens.
Committee Chair
Veda Collmer, Esq.
Committee Roster
YOUNG LAWYERS
The
Young Health Lawyers Committee is designed to create opportunities and
facilitate development activities through education and networking. The
Committee is targeted to early- career lawyers who are new to, or
interested in, the health law field.
Committee Chair:
Cassandra Rivais, Esq.
Committee Roster
Comments to the NYS Medicaid Inspector General re MED-39-09-00007-P and MED 39-09-00008-P (November 2009)
Comments to the NYS Medicaid Inspector General re OMIG Audit of Ancillary Services.... (November 2008)