Frier Levitt partner Jason Silberberg published an article in New York Law Journal titled, “Combatting Agency Overreach in Healthcare Law and Policy.” The piece emphasizes the importance of thoughtful and well-informed agency rulemaking in healthcare, highlighting the risks of policy decisions made without proper medical guidance or stakeholder input. A recent decision in North Shore Hematology-Oncology Associates, P.C. d/b/a New York Cancer & Blood Specialists v. New York State Department of Health and New York State Department of Education (Dkt. No. CV-23-0517) demonstrates this point.
In the case, the New York Appellate Division ruled that the New York Department of Health’s new definition of “oncologic protocol” was “irrational” and lacked evidence of expert involvement, undermining its validity. This decision is significant, as the ruling alters New York law regarding the dispensing of in-office therapies, reinstating oncologists’ ability to administer supportive treatments in their offices.
In the article, Jason discusses this decision in greater detail, including:
- Background to the Decision
- The Appellate Decision
- Lessons for Practitioners
- Trends To Watch and Use to Your Client’s Benefit
Read the article here: https://www.law.com/newyorklawjournal/2024/12/05/combatting-agency-overreach-in-healthcare-law-and-policy/?slreturn=20241206172902
