A Look at New York’s Proposed Cybersecurity Regulation of Hospitals
New York has become the first state to propose comprehensive cybersecurity regulations aimed at enhancing patient safety and addressing cybersecurity concerns in all hospitals operating within the state. This initiative, introduced in November of last year, is part of New York’s ongoing commitment to issuing industry-specific cyber regulations, building on the precedent set for financial...Read More
DEA and HHS Again Extend Telehealth Controlled Substances Flexibilities
In a significant development for healthcare providers and patients alike, the rule permitting the telehealth prescription of controlled substances for new patient-provider relationships has been extended through the end of 2024. This marks the second extension to the rule implemented in 2020 by the U.S. Drug Enforcement Administration (DEA) and the Department of Health and Human Services (HHS)...Read More
New York’s Health Care Worker Vaccine Mandate Repealed
On October 4, New York’s COVID-19 healthcare worker vaccine mandate was formally repealed by the New York State Department of Health. The decision ends a more than two-year long COVID-19 policy and marks another tangible sign that New York has exited the public-health-crisis phase of the pandemic. Health care providers will no longer be required to track the vaccination statuses of their...Read More
New York State’s Captive Audience Law Explained
Within a day of its arrival on her desk, Governor Hochul enacted New York’s “Captive Audience Law” (S4982/A6604), amending Section 201-D of the NYS Labor Law. The main purpose of this law is to prevent employers from taking punitive actions against non-managerial employees who do not attend company-sponsored meetings intended to convey the employer’s stance on religious or...Read More
How Employers Can Comply with NLRB’s Stericycle Inc. Decision
Last month, the National Labor Relations Board (NLRB) made a significant announcement that will have far-reaching implications for workplace policies in both unionized and non-unionized settings. Stericycle Inc., as the decision is known, represents a departure from the 2017 Boeing Company decision, which employed a balancing test to evaluate employer workplace rules and handbook provisions....Read More
Amended New York State Wage Transparency Law to Take Effect this Month
As Bleakley Platt & Schmidt has detailed in previous blogs, wage transparency has been a growing employment law trend in New York. Following similar laws in New York City and Westchester County, a state bill was predictably signed into law by Gov. Hochul in late 2022 and amended last March. The revised New York State wage transparency law is set to go into effect on September 17 and marks...Read More
2024 Budget Bill Makes New York Dispensary License Mandatory for Cannabis Retailers
As part of the state budget for the 2024 fiscal year, New York recently passed legislation aimed at cracking down on unlicensed sales of marijuana, which have thrived since the legalization of adult recreational cannabis two years ago. The primary goal of these measures is to regulate the cannabis industry and protect licensed dispensaries, which are currently outnumbered by nearly 2,000...Read More
New York Set to Enact Total Prohibition on Non-Compete Agreements
New York is set to become the latest state to enact a prohibition on non-compete employment agreements following the passage of bill A1278B/S3100A by the New York State legislature. If signed into law by NY Governor Hochul, new Labor Law Section 191-d will go into effect thirty (30) days after it becomes law and will prohibit any non-compete agreement entered into or modified thereafter. The...Read More
What Employers Should Know Ahead of the COVID-19 Outbreak Period’s July 10 Ending
Next month, the Outbreak Period of the COVID-19 National Emergency will expire, bringing with it an end to extensions of deadlines for special enrollment in employee health plans, continuing employee health benefits under COBRA, and filing claims. To ensure a smooth transition, employers should familiarize themselves with the coming changes and be prepared to answer employee questions. As many...Read More
Material Health Care Transactions in New York Subject to DOH Disclosure and Public Comment
A new Article 45-A, titled “Disclosure of Material Transactions,” was added to the New York Public Health Law as part of the 2024 New York State Executive Budget law that Governor Kathy Hochul signed on May 3, 2023. This new legislation will substantially increase regulatory oversight by the New York State Department of Health (“DOH”) over large health care transactions. It applies to “health...Read MoreDEA Re-Examining Proposal to Limit the Prescription of Controlled Substances Via Telehealth
On May 3, 2023, the DEA released a statement that it had received a record 38,000 comments on its proposed rule that would no longer permit telehealth providers to prescribe controlled substances if the patient never had an in-person examination, subject to limited exceptions (see our March 21, 2023 article on this and related issues). “We take those comments seriously and are considering them...Read More