Recent Publications - Jeffrey Ehrhardt


New York Joins List of States Prohibiting Geofencing Near Healthcare Facilities
March 29, 2024 | Privacy, Data & Cyber Law | Health Services

Frank Izzo and Jeffrey Ehrhardt authored the USLAW article, “New York Joins List of States Prohibiting Geofencing Near Healthcare Facilities.”

The article discusses geofencing laws, enacted partly in response to the Supreme Court Dobbs decision, in depth by state.

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NY Bill to Reduce Temp Agency Staff in Nursing Homes on Governor’s Desk
December 21, 2023 | Health Services

Update: Governor Hochul signed this law (S.6897/A.7328) on December 22, 2023, following the publication of this article. The Governor’s press release can be found here.

A law that would incentivize reductions in the use of temporary staffing agencies in nursing homes awaits action by Governor Hochul, who must either sign or veto the law by December 23.

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New York and Connecticut Prohibit Geofencing near Health Care Facilities
October 13, 2023 | Privacy, Data & Cyber Law | Health Services

New York State and Connecticut have recently enacted laws that prohibit “geofencing” near health care facilities. The New York State law took effect on July 2, 2023, and Connecticut’s on October 1, 2023. These geofencing laws, enacted partly in response to the Supreme Court Dobbs decision (to prevent advertisers from targeting people receiving reproductive services),

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NY Amends Home Care Worker Minimum Wage
May 19, 2023 | Employment & Labor | Health Services

One of the many new provisions enacted as part of the 2023-2024 New York State Budget was an increase in the minimum wage for home care workers.

Initially, it is important to note that the $1 hourly increase in the minimum wage for home care workers in New York State, slated to take effect October

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NY Enacts Scaled-Back Version of Hochul’s Health Care Transactions Proposal
May 4, 2023 | Corporate | Health Services

Following extended New York State budget negotiations, lawmakers have enacted a significantly modified version of Governor Hochul’s proposed health care transaction review bill, which we discussed in prior posts, here and here.

The bill, as originally proposed, included a comprehensive Department of Health review process, and required the Department of Health’s pre-approval to close certain

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Budget Delay Puts Cloud Over Governor Hochul’s Healthcare M&A Regulatory Review
April 6, 2023 | Health Services

Please find an update here https://www.rivkinradler.com/publications/ny-enacts-scaled-back-version-of-hochuls-health-care-transactions-proposal/.

As discussed in our March 22, 2023 post, here, Governor Hochul’s proposed budget contained a bill that, if passed, would be transformative for certain healthcare transactions. Hochul’s proposal was dropped from both one-house budgets proposed by the New York Senate and Assembly.

While its passage appears unlikely, the final

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The Prohibition against the Corporate Practice of Medicine: Alive and Well and on the Government’s Radar
March 22, 2023 | Health Services

Please find updates here https://www.rivkinradler.com/publications/governor-hochuls-proposed-healthcare-ma-regulatory-review-remains-uncertain/ and here [https://www.rivkinradler.com/publications/ny-enacts-scaled-back-version-of-hochuls-health-care-transactions-proposal/.

A law in New York Governor Hochul’s proposed budget aimed at regulating “large physician practices being managed by entities that are investor-backed” has been dropped from the State Senate and Assembly proposed budgets (S4007B/A3007B).

Subject to final budget negotiations, the proposed law appears unlikely to be enacted in

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Ehrhardt Published in NYSBA Health Law Journal
January 18, 2023 | Health Services

Jeffrey Ehrhardt’s quarterly column, “In the Journals,” was published in the New York State Bar Association Health Law Journal.

The column is a collection of recent topics in health law journals.

See the column here, page 33.

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NY Trial Courts Strictly Apply New Uniform Rule Requiring Statement of Material Fact
November 30, 2021 | Commercial Litigation

As discussed in detail in our March 2021 article regarding the changes made to the Uniform Rules of the New York Supreme and County Courts earlier this year, new Rule 202.8-g requires that a Statement of Material Facts be submitted with most motions for summary judgment. Of all the new provisions we discussed, Section 202.8-g

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