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Welcome To Our New York Health Care Law Blog

Medical device risks, security key concerns for health care actors

The so-called "Internet of things" (IoT) has been an oft-used phrase in media reports and stories over the past several years. For readers of our New York health care blog at Daniels, Porco & Lusardi, LLP, who might not know much about that concept, it quite simply refers to a device that can be connected to the Internet.

The possibilities are seemingly endless these days, ranging from toys to toasters.

Yes, regulation impacts health care: dealing with the future

Carole Faig, a regulatory expert focused on health care matters, concedes the sheer challenges and uncertainty that American medical industry actors routinely face as they seek to promote health and simultaneously prosper.

It's just a given, she says, and something that care principals -- "CEOs and other leaders in the health space" -- must simply acknowledge and deal with.

Licenses granted by DOH to five new medical marijuana firms

The New York State Department of Health made headlines earlier this week when it announced that the cultivation, production and sale of medical marijuana was going to be greatly expanded moving forward with the granting of licenses to five new firms.

The move, which brings the number of "registered organizations" licensed to take part in the tightly regulated state program to ten, perhaps comes as little surprise given the DOH's announcement back in May that it had already granted the five entities -- Fiorello Pharmaceuticals, Valley Agriceuticals, New York Canna, PalliaTech NY and Citiva Medical -- conditional approval.

Fraud-based whistleblower suit yields adverse result for hospital

When we note on our health law representation website at the well-established New York law firm of Daniels, Porco & Lusardi, LLP, that our deep legal team is "prepared to resolve any type of health care dispute that may arise for a care-delivery professional or business," that is actually saying a lot.

And here's why: Unquestionably, the legal challenges that confront medical entities both potentially and in imminently real ways span a wide -- even seemingly unlimited -- universe of possibilities.

Reportedly, health insurer settles largest-ever data breach lawsuit

Concededly, pity is not a word often linked with people's perceptions of business actors operating within the health care industry. Entities like large hospital chains, pharmaceutical companies, device makers and insurers are often viewed as too-big-to-fail entities that amass incalculably high profits and are beyond the reach of any real injury inflicted by outside forces.

That assessment, while perhaps understandable, is flawed, though, given the realities that face the health care industry and routinely challenge it in ways that are arguably unrivaled in any other business domain.

Largest-ever settlement in Medicare "risk-score" manipulation case

Stories in New York and across the country seem to surface just about every day to underscore -- as we note on our health care law website at Daniels, Porco & Lusardi, LLP -- that, "Within the health care arena, every legal matter comes with layers of regulatory and compliance issues that must be addressed."

Like a care provider's need to scrupulously toe the line regarding the myriad exactions imposed by authorities administering the Medicare and Medicaid programs and state programs modeled on those initiatives, for example.

Scrutiny on FDA following new study on drug warnings

As we have duly noted in prior select posts, many individuals and enterprises operating within the health care realm in New York and nationally are routinely under intense public and regulatory scrutiny.

And among all those industry participants, there is perhaps no other entity so closely perused as the U.S. Food and Drug Administration, especially in its capacity as the nation's chief regulator of pharmaceuticals made available for public use.

Will private hospital compliance matters soon be made public?

Health care facilities should be concerned about regulatory compliance matters for the sake of their future business operations. If violations are found, a facility might lose its accreditation and/or right to lawfully operate.

Yet according to a recent article, passing an inspection from a private health care accreditor may not necessarily put a facility in the clear. According to the Centers for Medicare and Medicaid Services, hospitals that are overseen by private health care accreditors may still have serious safety deficiencies. Since private accreditors inspect nearly 90 percent of the nation’s hospitals, this could be a sizable problem.

MD's admonitory tale: What many doctors are unprepared for

A doctor who makes it a point to speak to medical student groups and at health-care forums says that she always seeks to underscore for her audience that, "Wow, this is how it happens."

It happens like this for doctors with growing medical practices. Diverse groups of people -- termed a "parade of drug, device and other representatives" in a recent report on the doctor and her story -- vie for entry inside the office door, offering services and products.

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