Recent Publications - Health Services


Contracting Around CPLR 202: “Accrual” Borrowing Statute in New York Practice and Why its Current Application is Unworkable
November 21, 2022 | Commercial Litigation

Benjamin Wisher authored the article, “Contracting Around CPLR 202: “Accrual” Borrowing Statute in New York Practice and Why its Current Application is Unworkable,” for the Albany Law Review.

“Amongst New York’s legal practitioners, it is common knowledge that a claim for relief arising under the breach of a contract must be interposed within six years.

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The Family Health Care Decisions Act’s Limitations
October 28, 2022 | Health Services

On any given day, a medical practitioner will evaluate a patient, determine the appropriate care and then provide the required services upon the patient’s consent. However, what happens if a patient lacks capacity and is unable to consent to treatment and has no designated decision maker to take on that role?

The Family Health Care

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FDA’s Misguided NDI Amnesty Scheme – But Companies Should Still Comply with the Law
July 27, 2022 | Compliance, Investigations & White Collar

Marc Ullman authored the article, “FDA’s Misguided NDI Amnesty Scheme – But Companies Should Still Comply with the Law,” in the August issue of Nutrition Industry Executive.

Ullman discusses the FDA’s proposed guidance document on new dietary ingredients.

Read the full article here.

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NY Dental Hygiene Bill Expands Hygienists’ Authority to Administer Anesthesia
June 21, 2022 | Health Services

Last month, New York Gov. Kathy Hochul signed into law a dental hygiene bill that allows dental hygienists to use nitrous oxide and local infiltration anesthesia to assist dentists with all dental procedures. The bill, which was originally introduced in the State Senate in May 2021, amends section 6605-b of the Education Law effective immediately.

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Transitioning to a DSO: An emerging trend in orthodontic practices
May 31, 2022 | Corporate | Health Services

Over the last several years, the dental services industry has become increasingly consolidated, creating significant financial opportunities for investors as well as financial and exit opportunities for dentists. This consolidation has been driven in large part by Dental Services Organizations (DSOs) formed by dentists and/or private financial investors (e.g., private equity) through the acquisition of

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NY Law Is Clear on a Business’s Obligations Regarding Uncashed Distributions
September 24, 2021 | Commercial Litigation | Corporate

Whether a partnership, limited liability company, or corporation, it is imperative to know of a business’s legal duties when it is in possession of funds for uncashed distributions.

Under New York Abandoned Property Law, uncashed distributions become abandoned property after 3 years. See New York Abandoned Property Law § 501. New York businesses are not

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New CT Cybersecurity Law Protects Against Liability for Data Breaches
August 5, 2021 | Privacy, Data & Cyber Law

Connecticut Governor Ned Lamont recently signed into law “An Act Incentivizing the Adoption of Cybersecurity Standards for Businesses” (Public Act No. 21-119). Under the Act, “covered entities” that implement certain cybersecurity measures to protect against data breaches of “personal information” and “restricted information” will be insulated against the imposition of punitive damages arising from tort

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Acting Medicaid IG Frank Walsh Shares Agency’s Priorities
June 1, 2021 | Compliance, Investigations & White Collar | Health Services

On May 13, 2021, Rivkin Radler Partner, and former OMIG First Deputy, Robert Hussar kicked off Rivkin Radler’s new Healthcare Compliance Lunch and Learn Series. He interviewed Frank T. Walsh, Jr., who offered his first public comments since assuming his role as Acting NYS Medicaid Inspector General (pending State Senate confirmation).

Mr. Walsh provided health

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NY’s Gestational Surrogacy Law Comes with Estate Planning Requirements
April 8, 2021 | Trusts & Estates

On February 16, 2021, New York state legalized compensated gestational surrogacy. The Child-Parent Security Act (the Act) imposes estate planning requirements on the intended parents.

Required Estate Planning

Prior to implanting the embryo in the surrogate, the intended parent(s) must sign a will. The will must:

  1. designate a guardian for all children born of
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NYS Legalizes Gestational Surrogacy: Changes for Health Care Providers
April 7, 2021 | Health Services

On February 16, 2021, the Governor enacted the Child-Parent Security Act (“the Act”) through emergency regulations, legalizing compensated gestational surrogacy in New York State.

With gestational surrogacy, a surrogate gestates an embryo for the intended parents. The embryo may contain the genetic material of the intended parents or donor gametes. Traditional surrogacy, where the surrogate

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