Since the beginning of the administration of Governor Andrew Cuomo, there has been a strong emphasis on reform of the acute, primary, and long term care systems, and, particularly with the recent focus on the opioid crisis, that attention has extended to the behavioral
Continue Reading A Renewed Focus: 2018-19 New York State Intellectual and Developmental Disabilities Budget Highlights
Several provisions in the recently adopted 2018-19 New York State Budget (the “Enacted Budget”) are intended to address the ongoing opioid crisis. As discussed in a prior post (here), some were focused on pharmaceutical manufacturers. Some of the most significant provisions
While much of the public attention this year on healthcare budget negotiations in New York State was drawn to the pharmaceutical and managed care sectors, the Enacted Budget for 2018-19 also includes some very significant reforms in the long term care space. Continuing its ongoing efforts
Continue Reading Fewer Home Care Providers, But More Assisted Living Programs: Long Term Care Reforms in 2018-19 New York State Budget
Notwithstanding the enactment of a first-in-the-nation drug spending cap last year, in light of the $4.4 billion deficit and ongoing concerns about the opioid crisis it was inevitable that this year New York State would once again seek to enact substantial reforms impacting the pharmaceutical industry.
Continue Reading Pharmaceutical Reforms in 2018-19 New York State Budget
Periodically over the years, and consistently since 2005, the New York State Department of Health (DOH) has received funding through the New York State budget process to provide capital support for infrastructure improvements at institutional providers. The rationale for this state funding has varied – at times, it has ostensibly been intended to incentivize certain actions (e.g., facility consolidation, development
Continue Reading State Authorizes Another $525 Million in Capital Grants for Providers
In the wee hours of the morning on March 30, almost two days ahead of the April 1 deadline, the Legislature passed and the Governor signed a $168.3 billion State Budget for the 2018-19 fiscal year. The Enacted Budget maintains a self-imposed cap of 2% on spending increases, and averts
Continue Reading 2018-19 New York State Healthcare Budget
As we’ve discussed in previous blog posts, marijuana, whether used for medicinal or recreational purposes, is classified as a Schedule 1 drug under the Controlled Substances Act (CSA). The CSA prohibits the manufacturing, distributing, dispensing or possession of certain controlled substances, including marijuana and marijuana-based products and services. In addition, the CSA makes it unlawful to sell, offer for
Continue Reading NYS Senator Gillibrand To Co-Sponsor Marijuana Justice Act
It’s flu season again. Your PCP at WPMG is thinking of you!
So began the health care provider’s text message that prompted this month’s Second Circuit decision applying the Telephone Consumer Protection Act to a flu shot reminder, Latner v. Mount Sinai Health System, Inc.
Plaintiff had gone to defendant West Park Medical Group (WPMG) in 2003 for a
Continue Reading Angry Text Message Recipient Loses Court Challenge On Flu Shot Reminder
Despite numerous states having legalized medical marijuana, and a handful of others having legalized marijuana for recreational use, it still remains impossible to obtain a U.S. federal trademark registration for marijuana products or related goods or services. 
The U.S. Patent and Trademark Office (USPTO) is the federal agency charged with granting U.S. patents and registering trademarks. The USPTO registers trademarks
Continue Reading Federal v. State Trademark Registration for Marijuana-Related Goods and Services
On January 5, 2018, the United States Department of Health and Human Services released for public comment a draft Trusted Exchange Framework, which seeks to accomplish interoperability with respect to patients’ Electronic Health Information (“EHI”) through the creation of Health Information Networks (“HINs”). The 21st Century Cures Act, which Congress enacted in 2016, has the goal of creating
Continue Reading What are Your Thoughts on the Draft Trusted Exchange Framework?