Category Archives: Health Care

Treatise Update – New York Elder Law (Second Edition)

New York Elder Law is a comprehensive, authoritative guide to legal considerations for seniors in New York, with particular emphasis on areas such as Medicaid eligibility, Medicare, and Medi-gap Insurance. This book includes sample wills, checklists, flowcharts, and up-to-date information on eligibility and benefit levels, all designed to help practitioners work more effectively with government agencies. It also addresses broader issues such as nursing home rights, power of attorney, and healthcare decision-making, reflecting the latest legal developments in these areas.

Highlights of this new release include:

Medicaid for the Elderly, Blind, or Disabled: Discussion updated to cover the E14 Waivers or exceptions put in place for Medicaid renewals from July 1, 2023, through May 2024 (see section 3:12.1).
Medicaid Home Care: Updated discussions cover new form DOH-5770, Practitioner Statement of Need (see section 4:6.2[A][2]); and LDSS’s submission of a web-based form to NYIA requesting expedited assessments upon receipt of an immediate need request (see section 4:6.2[A][5]).
Nursing Homes: New discussion reviews visitation requirements for nursing homes, as well as residents’ rights (see section 5:21).
New York Power of Attorney: Updated discussions include the effect of a defective notarization on a power of attorney (see section 6:3), and the requirements to make gifts under the 2009 amendments to the NY GOL (see section 6:5).
Health Care Decision Making: New discussion of the Palliative Care Access Act (see section 7:11).

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New Edition! Healthcare Employment Practice: Policy, Law and Procedure (2023 Edition)

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PLI Press is proud to announce the publication of the new edition of Healthcare Employment Practice: Policy, Law and Procedure.

This guidebook presents clearly-written, concise insights into how hospital management teams, healthcare human resources professionals, and the legal practitioners who advise them can navigate the ever-changing regulatory landscape around employment in the healthcare industry.

The treatise’s authors, James T. O’Reilly, Director of the Concentration in Health Services Management at the UC College of Medicine, and Mary Ellen Keegan, former in-house counsel for GE’s Aviation Division who has since negotiated favorably for MDs in disputes with insurance companies and healthcare organizations, offer actionable practices gleaned from their experiences working with physicians and public health regulatory issues.

Featuring sample contractual clauses, this resource discusses how doctors, stakeholders, and their lawyers can leverage astute planning and careful drafting to overcome emerging employment and transactional issues. In addition, the authors include tailored discussions on regulatory and transactional issues unique to physicians, registered nurses, and non-credentialed healthcare employees.

Healthcare Employment Practice includes:

Step-by-step, term-by-term guidance on physician employment contracts, with an emphasis on the problems presented by restrictive covenants, and a full sample Physician Employment Agreement (see Chapter 9, Chapter 10, and Appendix B);
A fifty-state survey of noncompete statutes and selected case law (see Appendix A – fully updated for 2023);
Labor and employment law as it affects healthcare industry employees in the areas of Collective Bargaining and Overtime Pay (see Chapter 14 and Chapter 19), Strikes and Lockouts (see Chapter 17), Safety Rules (see Chapter 20), and Conflict Resolution (see Chapter 21);
Issues presented by telemedicine (see Chapter 27);
Stark and anti-kickback law compliance (see Chapter 26);
Employment discrimination in healthcare: physician whistleblower, discrimination, harassment, and retaliation claims (see Chapter 22).

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PLI PLUS subscribers can access this title through their subscription.

New Edition! COVID-19 and Other Pandemics: Business and Legal Challenges (2022)

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PLI Press is proud to announce the publication of the new edition of COVID-19 and Other Pandemics: Business and Legal Challenges.

Originally published in 2020, the book was featured on Above the Law which cited it as “[t]he first publication to address the complex, evolving [legal] issues” arising from the pandemic. The treatise has since been fully updated to keep pace with the rapidly evolving situation surrounding COVID-19. Maintaining its results-oriented approach, the book combines practical advice, the latest scientific research, and guidance from key government agencies to provide readers with the answers they need on workplace liability and best practices; employment and labor issues; contracts and frustration defenses; and more.

Some of the highlights from the new edition include:

Governors’ Authority: Updated answers regarding whether 1) governors possess the power to shut down business to reduce COVID-19 spread (see §3.1); 2) governors have the authority to issue emergency health orders (see §6:3); and 3) governors may ban gatherings during the time of the health emergency (see §8:1).
OSHA’s Emergency Temporary Standard: Added discussion of OSHA’s Emergency Temporary Standard and what it covers (see Ch. 4, §8:5, and §14:8).
COVID-19 Statistics: Updated to reflect U.S. COVID-19 cases as of May 2022 and Global Health Statistics as of early 2022 (see Ch. 1).

To download a complimentary chapter from the original publication of COVID-19 and Other Pandemics: Business and Legal Challenges, click here.

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New Edition! Legal Guide to the Business of Marijuana: Cannabis, Hemp and CBD Regulation (2022 Edition)

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PLI Press is proud to announce the publication of the new edition of Legal Guide to the Business of Marijuana.

Updated annually, the book is a unique resource offering critical guidance on a wide range of interrelated topics for lawyers who represent clients in the fast-growing legal cannabis industry. It sorts through the complex and varying state regulation of medical and non-medical marijuana with an appendix providing the latest key state legislation (see Chapter 3 and Appendix C).

It also looks into the various aspects of establishing and managing a marijuana enterprise, including the growing, licensing, labeling, transporting, and distribution of marijuana and related products (see Chapters 7, 10, 11, 13, and 15). In addition, the guide addresses federal law, enforcement, and preemption and their implications for employment, taxes, and banking (see Chapters 8 and 9).

For lawyers new to representing cannabis clients, the authors provide an understanding of the definitions of marijuana and other cannabis products, as well as a review of the policy and political issues that have led to the controversy and uncertainty of the current environment (see the Table of Contents).

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PLI PLUS subscribers can access this title through their subscription.

New Edition! Healthcare Employment Practice: Policy, Law and Procedure (2022 Edition)

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PLI Press is proud to announce the publication of the new edition of Healthcare Employment Practice: Policy, Law and Procedure.

The hospital and healthcare environment has become more fractured and fractious in recent years. Job satisfaction among healthcare professionals is down due to occupational stress, physical and emotional exhaustion, burnout, lack of respect, and crushing administrative and oversight duties on top of clinical duties, loss of autonomy, and the devastating effects of the COVID-19 pandemic.

Meanwhile, complex employment contracts and noncompete covenants bind doctors and other healthcare personnel and have locked up the futures of many professionals. This guidebook responds to these complex issues with detailed contract guidance and practice tips to save you time, reduce errors, and improve employee satisfaction. The text explores how the system operates, and suggests how lawyers, human resource professionals, and hospital management teams can improve their outcomes through astute planning and careful drafting of agreements.

Healthcare Employment Practice includes:

Step-by-step, term-by-term guidance on physician on physician employment contracts, with an emphasis on the problems presented by restrictive covenants, and a full sample Physician Employment Agreement (see Chapters 9 and 10 and Appendix B – fully updated for 2022)
A fifty-state survey of noncompete statutes and selected case law (see Appendix A – fully updated for 2022);
Labor and employment law as it affects healthcare industry employees (see Chapters 13-21);
Issues presented by telemedicine (see Chapter 27);
Stark and anti-kickback law compliance (see Chapter 26);
Employment discrimination in healthcare: physician whistleblower, discrimination, harassment, and retaliation claims (see Chapter 22).

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PLI PLUS subscribers can access this title through their subscription.

New Edition! Legal Guide to the Business of Marijuana

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PLI Press is proud to announce the publication of the new edition of Legal Guide to the Business of Marijuana: Cannabis, Hemp and CBD Regulation (2021 Edition).

This is a unique resource for lawyers who represent clients in the fast-growing legal cannabis industry. For lawyers new to representing marijuana clients, the authors provide an understanding of the definitions of marijuana and other cannabis products, as well as a review of the policy and political issues that have led to the controversy and uncertainty of the current environment.

The book also offers critical guidance on a wide range of interrelated topics, including:

The complex and varying state regulation of medical and non-medical marijuana;
Federal law, enforcement, and preemption and their implications for employment, taxes, and banking;
Various aspects of establishing and managing a marijuana enterprise, including the growing, licensing, labeling, transporting, and distribution of marijuana and related products.

The new edition adds the latest on regulation of CBD products, the Final Rule for the Establishment of a Domestic Hemp Production Program, and the laws of the latest states to adopt some form of cannabis legalization—New Mexico, New York, South Dakota, and Virginia.

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PLI PLUS subscribers can access this title through their subscription.

New Edition! Healthcare Employment Practice

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PLI Press is proud to announce the publication of Healthcare Employment Practice: Policy, Law and Procedure (2021 Edition).

This clear and concise guidebook responds to the complex issues arising from the increasingly fractured and fractious hospital and healthcare environment with examples and details to save time, reduce errors and improve employee satisfaction. The text explores how the system actually operates, and suggests how lawyers, human resource professionals and hospital management teams can improve their outcomes through astute planning and careful drafting of agreements.

The 2021 edition includes:

Step-by-step, term-by-term guidance on physician employment contracts, with an emphasis on the problems presented by restrictive covenants, and a full sample Physician Employment Agreement
Labor and employment law as it affects healthcare industry employees
Issues presented by telemedicine
Stark and anti-kickback law compliance

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

New Title! COVID-19 and Other Pandemics

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COVID-19 and Other Pandemics: Business and Legal Challenges, a new treatise from PLI Press, is now available for purchase.

The dramatic rise in client questions about the fallout from COVID-19 – on workplace risks, liability, health insurance, contracts and force majeure clauses, testing and tracing and more – presents a real-time challenge: Lawyers need clear answers now to navigate the regulatory and medical challenges.

This book, from public health and safety regulation experts James O’Reilly and Philip Hagan, provides background and analysis of legal and scientific issues that clients will need to understand in order to manage the new “normal” they are facing as they try to conduct business amidst a global pandemic. This results-oriented treatise combines practical advice, the latest scientific research and guidance from key government agencies to provide readers with the answers they need and the questions they didn’t know to ask.

Read more about this timely treatise on Above the Law.

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PLI PLUS subscribers can access this title through their subscription.

Health Care Law Webinar Tomorrow!

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On Tuesday, June 30, at 3:00 p.m. ET, Senior Library Relations Manager Zehava Brickner Monchar will provide a brief demo to highlight the Health Care Law resources available on Practising Law Institute’s (PLI) online research database, PLI PLUS. Zehava will cover popular Health Care Law titles and review research scenarios to demonstrate key features on PLI PLUS. PLI PLUS subscribers can register here.

Popular Health Care Law titles on PLI PLUS:

This demo is part of PLI’s ongoing webinar series. Each month we highlight PLI’s resources in a different practice area while also demonstrating the overall functionality of the research database. For registration and a list of upcoming webinars, visit PLI Practice Area Webinars.

New Title! Healthcare Employment Practice

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PLI Press is pleased to announce the publication of Healthcare Employment Practice: Policy, Law and Procedure, a new treatise addressing the employment conflicts and challenges that mark today’s hospital and healthcare system.

The hospital and healthcare environment in the U.S. has become more fractured and more fractious in recent years. Job satisfaction is down, contracts are much more complex and the covenants which bind doctors and other healthcare personnel have locked up the futures for many professionals. This clear and concise guidebook responds to these complex issues with examples and details to save time, reduce errors and improve employee satisfaction. It explores how the system actually operates, and suggests how lawyers, human resource professionals and hospital management teams can improve their outcomes through astute planning and careful drafting of agreements.

This book includes:

Step-by-step, term-by-term guidance on physician employment contracts, with an emphasis on the problems presented by restrictive covenants, and a full sample Physician Employment Agreement
Labor and employment law as it affects healthcare industry employees
Issues presented by telemedicine
Stark and anti-kickback law compliance

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.