U.S. Courts News Reporter
As of November 2023, having a valid health care proxy became easier for New Yorkers. A health care proxy allows a competent adult to appoint an agent to make health care choices for them if they lose the ability to make those decisions for themselves. Two adults who are not appointed in the document must witness the signing of the health care proxy for it to be valid.[1]
The use of remote witnessing with audio-visual technology was permitted during the … Read the rest
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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.
The Indian Health Service is an agency within the Department of Health and Human Services that administers health care programs for Native American tribes. In an effort to promote tribal self-governance, Congress allows tribes to contract with the agency to oversee these programs themselves. This week, we highlight petitions that … Read the rest
Join Kelley Drye’s State Attorneys General Ad Law Team on Monday, July 24, 2023 at 3 pm ET for the next program in the 2023 State Attorneys General Webinar Series: Colorado Attorney General’s Office – Colorado Privacy Act, AI, and Teen Mental Health.
Special guest speakers Colorado Attorney General Phil Weiser and Nathan Blake, Deputy Attorney General for Consumer Protection, will join Kelley Drye State Attorneys General practice Co-Chair Paul Singer, Special Counsel Abby Stempson, and Senior Associate Beth Chun for … Read the rest
I have defended dozens of nursing homes, home health services, residential care centers and other health care providers in audits of their wage practices by the US. Department of Labor (“DOL”) and state DOLs. I have come to learn that there are unique wage hour issues and challenges in this industry and that many well-meaning employers, seeking to comply with the law, step on regulatory landmines and end up in trouble.
Well, buckle up. The USDOL is stepping up its … Read the rest
As our loyal readers know, the blog has been keeping a close eye on plaintiffs’ efforts to apply product liability law to software . This is of course an area of keen interest to medical device, software, and tech companies active or entering the digital health space.
The blog’s own Eric Alexander, with Reed Smith co-authors Gerry Stegmaier, Jamie Lanphear, and Michael Rubayo, has now written a very thorough chapter on this subject for the International Comparative Legal Guides’ fourth … Read the rest
By: Andrew Serwin, Kristi Kung, Bethany J. Hills, Christine Lentz
With the mounting mental health crisis intensified by the COVID-19 pandemic, the telemental health industry has exploded in recent years. According to recent estimates, as many as 325,000 health and wellness apps are available for download, and 10,000-20,000 apps have been designed specifically for mental health. Many of these programs require clients to record their symptoms, which has led to reports of privacy concerns, because these companies may profit from … Read the rest
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This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the Biden administration’s vaccine mandate for health care workers, and a Turkish bank’s immunity claim.
In Missouri v. Biden, the justices face a petition asking them to review on the merits the Biden administration’s vaccine policy for health care workers. The mandate requires nearly all health care workers at facilities that participate in Medicare and Medicaid to be fully vaccinated against COVID-19 … Read the rest
In a new post on the Covington Digital Health blog, our colleagues discuss recently announced Federal Trade Commission (“FTC”) guidance meant to help companies determine their obligations under the Health Breach Notification Rule (the “Rule”). The guidance follows the FTC’s September 2021 Policy Statement, which expanded the Rule’s application to the developers of health apps, connected devices, and similar products, and similarly emphasize the FTC’s continued scrutiny of health technology. The post walks through the new guidance documents, which, notably, … Read the rest