A firm of Johnson & Johnson's stature -- and, frankly, that makes for a decidedly short list of players in the pantheon of global companies -- knows all about stark business risks and attendant downsides.
The question is simple and eminently straightforward, to wit: Should nursing home administrators in New York and across the country be able to require prospective patients to agree to mandatory arbitration to resolve disputes as a prerequisite to home admittance, thereby surrendering their right to litigate a contested matter in court before a judge and jury?
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.
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.
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."
Recent New York-based news relevant to the health care industry bears special significance for one emerging class of participants in that realm, on at least two material fronts.
One commentator in a recent national media focus on medical actors being targeted in criminal and civil investigations refers to "a new permutation" that is well worth noting in the health care industry. He calls it "the beginning of the next round" for what might be in store for legions of medical industry participants, ranging from pharmaceutical drug makers and wholesale manufacturers to pharmacies and other entities.
If you are a covered entity in any matter involving the federal Health Insurance Portability and Accountability Act of 1996 (HIPPA), you might derive some comfort from knowing that the legislation does not provide for a private right of legal action against you for any alleged wrongdoing under that law.
We have stressed in many prior blog posts the singular nature of the health care industry across many dimensions, including, centrally, the realm's uppercase concern with this constant and ever-growing threat: attacks by hackers aimed at medical actors' proprietary and most confidential data.
Imagine that you -- like virtually all your peers -- are a participant within the sprawling American medical industry who merely seeks to go about your job on a daily basis in a conscientious and ethical manner.