New York Governor Releases Report to Show His Nursing Home Admissions Policy Not Linked to Increased Nursing Homes Deaths

We have previously discussed the heightened criticism of New York Gov. Andrew Cuomo’s handling of the nursing homes during the COVID-19 pandemic. In response to that criticism, on, New York Commissioner of Health Dr. Howard Zucker released a report on July 6, 2020 by the New York State Department of Health entitled, “Factors Associated with Nursing Home Infections and Fatalities in New York State During the COVID-19 Global Health Crisis.” The full report is available here. The report states the March 25 admission policy…
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New York Reduces Testing Requirement for Many Nursing Homes to Once a Week

We recently wrote about how there has been criticism of Gov. Andrew Cuomo’s Administration’s handling of nursing homes during the COVID-19 pandemic. On May 10, 2020, in response to that criticism, Gov. Cuomo issued executive Order EO202.30 which required all nursing homes in the state to test all of its staff twice a week and report any positive results to the Commissioner of Health. The May 10 Executive Order is available to view here. The Administration is now partially reversing that order after new…
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New York Lawmakers Seek to Repeal Statute Granting Immunity to Nursing Homes

In a previous post, we wrote about New York’s Emergency Disaster Treatment Protection Act (EDTPA), which was enacted on April 6, 2020 as part of the state budget. EDTPA provides immunity to hospitals, nursing homes, administrators, nursing aides, nursing attendants, EMTs, home health care workers, physicians, and other health care professionals that arises from alleged decisions, actions and/or omissions related to the care of individuals with COVID-19 from Governor Cuomo’s initial emergency declaration on March 7, 2020 through its expiration. The statute creates a new…
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New York’s Governor Cuomo Criticized for Handling of Nursing Homes During Pandemic

This week, New York State reported almost 5,000 nursing home residents in the state have died from COVID-19 since March 1. New figures released reported that more than 2,300 nursing home residents have died and another 2,500 are presumed to have died from the virus. The data regarding COVID-19 fatalities from New York State is available here. The amount of deaths is reportedly five times the number deaths related to the virus in all of Washington State. As expected, Governor Cuomo, who has been…
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New York’s Emergency Disaster Treatment Protection Act Provides Broad Immunity for Hospitals and Nursing Homes Related to Treatment of COVID-19 Patients and Other Residents

On March 25, 2020, New York’s Department of Health issued an Advisory to nursing home administrators, hospital discharge planners and others regarding nursing homes pertaining to the expedited receipt of residents returning to nursing homes from hospitals. The Advisory prohibited nursing homes in New York from denying admission or re-admission to a resident based upon a confirmed or suspected positive COVID-19 diagnosis. The full text of the Advisory is available here. The Advisory was of great concern to nursing home administrators and owners, who were…
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A New York State of Mind (on Cannabis)

Since 2014, New York has made medical cannabis available to individuals suffering from a variety of conditions under the Compassionate Care Act.  If recent news articles are to be believed, New York State is looking to legalize adult use cannabis early in 2019.  New York would then join the ranks of other states legalizing adult use such as Colorado, Massachusetts and California in allowing adults over the age of 21 to purchase and use cannabis. It will be interesting to see what the final adult…
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Will the Statute of Limitations on Medical Malpractice Actions in New York Be Extended?

For decades, section 214-a of the New York Civil Practice Law & Rules set forth the statute of limitations for medical malpractice actions. Under current law, the statute of limitations for a medical malpractice action expires two and half years after the date of the alleged malpractice. New York is one of only a handful of states without a date of discovery law regarding medical malpractice actions. A date of discovery law tolls the statute of limitations for a medical malpractice claim until the injury…
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Pharma Opioid Suits Casting a Wider Net

Under both federal and state law, it is unlawful to advertise if the advertisement tends to mislead or deceive. States have enacted consumer protection laws to enforce and regulate such deceptive practices. In New York, under General Business Law §349, deceptive acts or practices in the conduct of any business, trade, or commerce, or in the furnishing of any service in the state, is declared unlawful. Over the years, the Federal Trade Commission has prosecuted many businesses accused of engaging in false and deceptive advertising.…
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