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June 2011 Archives

June 7, 2011

NYS Medicaid Redesign Team Releases Progress Report

Governor Cuomo's Medicaid Redesign Team released a progress report discussing its work in the first half of 2011. Among the accomplishments highlighted in the report are engaging stakeholders and citizens in a discussion about the Medicaid program and developing a package of reform proposals. In an effort to "bend the Medicaid cost curve," the Team proposed a global Medicaid cap, care management for all Medicaid beneficiaries, expansion of primary care medical homes and health homes initiatives, and medical malpractice reform through the introduction of a "medical indemnity fund." Read the entire progress report here.

June 13, 2011

A job for doctors, not insurance companies - Times Union

The New York State Medical Society is pressing for passage of a bill that would permit physicians to negotiate collectively for higher fees. Paul Hamlin's editorial in the Albany TimesUnion argues that the legislation is necessary to "enhance the ability of our patients to obtain the care they need and . . . help counter the insurers' complete dominance of physicians and patients." The specific legislation cited is S.3186A (Hannon, R-Nassau) and A.2474A (Canestrari, D-Cohoes).

AED bills signed

Governor Cuomo has signed two bills requiring placement of automatic external defibrillators in certain settings.

Chapter 65 by Senator Golden and Assemblymember Farrell requires AEDs in dental offices.

Chapter 31 sponsored by Senator Ranzenhoffer and Assemblymember Spano requires AEDs at health clubs when they are staffed.

June 14, 2011

Berwick Speaks

Kaiser Health News interviewed CMS administrator Donald Berwick and asked him about hot topics including the fate of PPACA's Medicaid "maintenance of effort" requirements, industry criticism of CMS's proposed ACO regulations, and his own future at CMS. Read the administrator's responses, and see a related video, here.

June 17, 2011

Holding: Hospital Not Liable for Errors of Attending Physician

In a recent case the 4th Department held that the defendant hospital was not liable for the negligent acts of an attending physician. Moran v. Muscarella, No. 673 CA 10-01799 (4th Dep. June 10, 2011).

[Defendant hospital] established their entitlement to judgment as a matter of law. It is well settled that, "[i]n general, a hospital may not be held vicariously liable for the malpractice of a private attending physician who is not an employee, and may not be held concurrently liable unless its employees committed independent acts of negligence or the attending physician's orders were contraindicated by normal practice such that ordinary prudence required inquiry into the correctness of [his or her orders]" (Toth v Bloshinsky, 39 AD3d 848, 850).

Read the memorandum decision at nycourts.gov.

June 21, 2011

State's top Medicaid-fraud cop asked to resign | Crain's New York Business

Today's Crain's New York carries an article on the impending resignation of NY Medicaid Inspector General Jim Sheehan:

New York's hard-charging Medicaid Inspector General Jim Sheehan has been told to resign within 30 days. Mr. Sheehan got the news Tuesday. The official announcement is expected to be made by the office of Gov. Andrew Cuomo.

Read the full article on Crain's website.

June 25, 2011

Recent meetings: NY DOH Public Health and Health Planning Council

Taking a look at recently archived DOH meeting webcasts, the Public Health and Health Planning Council (PHHPC) meetings of 6/10 and 6/16 provided, as one member commented, an eloquent vision of their work.(1) The first hours of the various Committee meetings (reports by staff on DOH Activities and various Standing Committees reports) included discussions about proposed ideas for regulatory changes (certain 10 NYCRR provisions) which might expand the realm of accreditation entities and other ideas about how hospital observation units would work. State Health Commissioner Nirav R. Shah, M.D., M.P.H., spoke about these exciting times in health care and public health, describing the paradigm shift in health care delivery and services, describing the old and new models and identifying the types of challenges at hand.
Also of interest, the Committee on Health Planning identified various topics on which it might focus its work which included the important area of new and emergent technology (e.g. proton beam therapy in NY- see 2 below).
Much more was discussed with questions and comments.
http://www.health.ny.gov/facilities/public_health_and_health_planning_council/ See DOH Webcasts section to view the webcasts.

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About June 2011

This page contains all entries posted to HEALTH LAW SECTION BLOG in June 2011. They are listed from oldest to newest.

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