New York Health Regulators Propose Revisions for Health Care Collaboration

New York State’s Department of Health proposed regulations for entities to obtain a Certificate of Public Advantage (COPA) under Public Health Law Article 29-F. The intent of the proposed regulation is to promote state supervision in the collaboration among health care competitors and to provide state action immunity against federal antitrust laws. State action immunity is applicable when the collaborating parties can show a clear state policy for displacing competition with regulation and the state has the ability to oversee their conduct.

Court of Appeals to Determine Hospital’s Liability in Car Crash

This July, the Appellate Division, Second Department, answered the question of whether a bus driver could sue a hospital for malpractice after the hospital treated a patient and gave her medication some time before she was involved in an accident with the bus driver. The Appellate Division, Second Department, held that the bus driver could not sue because he was not the hospital’s patient.

The Court of Appeals has now agreed to take this case. New York courts have generally held that there is no duty to control the conduct of third parties and to prevent them from injuring others, except in special circumstances. Routinely, the Court of Appeals hears a case about a year after giving approval of appeal.