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NCBA Annual High School Mock Trial Tournament Law Day 2021 The Journal of the Nassau County Bar Association March 2021 www.nassaubar.org Vol. 70, No. 7 Follow us on Facebook Law Day 2021 NCBA COMMITTEE Advancing the Rule of Law Now MEETING CALENDAR Page 17 By Ann Burkowsky look at the 19th century women’s rights movement with a forward written by The Nassau County Bar Association American Journalist and Social Political (NCBA) and the Nassau County Activist Gloria Steinem. SAVE THE DATE Women’s Bar Association (NCWBA) As a historian of the suff rage LAW DAY will present this year’s Law Day movement, Dr. Wagner is the founder celebration—Advancing the Rule of Law Advancing the Rule of Law Now of one of the fi rst college-level women’s Now, which explores the importance Thursday, April 29, 2021 studies programs in the United States of the rule of law and its role to ensure and has taught women’s studies courses See insert order and justice within our society—on for over 50 years. She currently serves Thursday, April 29, 2021, at 5:00 PM via as an adjunct faculty member in the Zoom. Due to COVID-19, this is the fi rst Syracuse University Renee Crown year that the Law Day celebration will University Honors Program. WHAT’S INSIDE not be held in person, as to ensure the Dr. Wagner has been featured on “Vaccine Court” Overview: Where Do health and safety of honorees and guests. numerous media outlets, including CNN The NCBA and NCWBA will You Take Your Shot? pg. 3 Special Report: Women Represented, welcome Keynote Speaker Dr. Sally CNN’s Quest’s World of Wonder. She has “I Don’t Qualify for Community Roesch Wagner and recognize three also been quoted in the New York Times, Medicaid Because I Have Too Much special honorees for their dedication and Washington Post, Smithsonian, Nation, commitment to the legal community. Income” pg. 5 and Time Magazine, among others. In Dr. Sally Roesch Wagner Keynote Speaker 2020, Dr. Wagner was selected as a New Community Relations and Public Dr. Sally Roesch Wagner York State Senate Woman of Distinction, Education by the Nassau County Bar and one of “21 Leaders for 21st Century” is the League of Women Voter s In addition to being awarded one of by Women’s E-News in 2015. of Nassau County (LWVNC), a Association pg. 6 the fi rst doctorates in the country for Liberty Bell Award nonpartisan political organization Proper Use of Management her work in women’s studies, Dr. Sally that encourages active participation Roesch Wagner is an accomplished The Liberty Bell Award is presented Services Organizations: in government. Through education, author of both the young reader’s to a non-lawyer who has strengthened advocacy, and the power of women, the Devil Is in the Details pg. 7 book, We Want Equal Rights: How the American system of freedom under LWV is able to infl uence public policy Discovery of Contracts in Medical Suff ragists Were Infl uenced by Native the law by heightening public awareness, and defend democracy. American Women, and the anthology, understanding and respect for the law. Malpractice Actions pg. 8 The Women’s Suff rage Movement, a The 2021 recipient for this award See LAW DAY, Page 20 CMS and OIG Move to Expand Exceptions and Safe Harbors to Stark NCBA Annual High School Law and Anti-Kickback Statute pg. 9 Long-Term Care Planning Mock Trial Tournament with Trusts pg. 10 By Jennifer C. Groh Like so many other events this past determine the Nassau County A Fugitive in Pursuit of year, the COVID-19 crisis forced the champion which will go on to the One of the highlights of the Natural Law pg. 11 re-thinking and re-imagining of this statewide fi nals in May, also to be held Bar year is the annual Mock Trial annual competition. virtually. The Mock Trial Tournament Tournament for high school students. On February 24, the Mock Trial Chairs are Hon. Marilyn K. Genoa, The long-running program has helped tournament began, albeit virtually, Peter H. Levy, and Hon. Lawrence further the students’ understanding of thanks to the dedication of the NCBA M. Schaff er, and the Administrator OF NOTE trial advocacy and the legal system and members who volunteer their time to is Jennifer C. Groh, Director of the NCBA Member Benefit—I.D. Card Photo has perhaps sparked a future career serve as attorney advisors for the 40 Nassau Academy of Law. Obtain your photo for Secure Pass aspiration or two. teams entered in the competition this In past years, the hallways of the Court ID cards year, as judges for the seven rounds Jennifer C. Groh is the Director of Continuing Legal Nassau County Supreme Court have that make up the competition, and as Education for the Nassau Academy of Law at Only For New Applicants echoed with the excited voices and the Nassau County Bar Association. The Nassau Chairs who oversee the running of the Academy of Law hosts CLE programs throughout Cost $10 footsteps of 600 students from nearly tournament each year. the year. For additional information, contact 50 schools across Nassau County. The fi nal round in April will Jennifer at [email protected] or (516) 747-4077. UPCOMING PUBLICATIONS COMMITTEE MEETINGS CONFIDENTIAL HELP IS AVAILABLE TO LAWYERS AND JUDGES Thursday, April 1, 2021 at 12: 45 PM alcohol or drug use, depression or other mental health problems Thursday, May 6, 2021 at 12:45 PM Call Lawyer Assistance Program (888)408-6222 OFFICE SUITES IMMEDIATELY AVAILABLE 500 OLD COUNTRY ROAD GARDEN CITY, NY 1,400 - 4,000 SF SUITES BUILDOUTS TO SUIT PRIME OFFICE LOCATION 1 MILE FROM NASSAU COURTS FULL SERVICE OWNER OCCUPIED OUTSIDE AMPLE PARKING HEATED SIDEWALKS IMMACULATELY MAINTAINED ROBERT DELAVALE | (516) 741-7400 ext. 230 | [email protected] Nassau Lawyer March 2021 3 FOCUS: Vaccine Court Overview: Where Do You HOSPITAL AND HEALTH LAW Take Your Shot? Once a petition is fi led, the NVICP January 31, 2020, COVID-19 was infl uenza vaccines, pandemic infl uenza assigns a special master, appointed declared a United States public health respiratory support devices (ex: by the judges of the U.S. Court of emergency pursuant to the PREP Act ECMO), and medications utilized for Federal Claims, to decide whether or by the Secretary of Health and Human the treatment of pandemic infl uenza not the claim is compensable under the Services, eff ective until October 1, (ex: Tamifl u).29 Just as with the NVICP, program.11 The special master oversees 2024.24 This Declaration has been if the injury is not listed on the table, all aspects of a claim, such as collecting amended four times, and addresses then it is considered off -table, and the 12 evidence and setting deadlines. The covered countermeasures that include, claimant must show that the injury processes of taking depositions and occurred as a direct result of the Giulia R. Marino but are not limited to, any antiviral, cross-examinations of witnesses are drug, diagnostic, respiratory device, administration or use of a covered removed from the NVICP in the interest or vaccine used to diagnose, treat, countermeasure via compelling, reliable, OVID-19 has aff ected the world 13 30 in many respects, causing an of expediting claims. The special or prevent COVID-19 or a virus valid, medical, and scientifi c evidence. ever-evolving situation that master will base their decision solely mutating from COVID-19, and/or to The CICP provides medical costs, Csociety as a whole has struggled to adapt upon expert affi rmations and evidence limit the harm that COVID-19 or a lost employment income, and death that is deemed admissible.14 The benefi ts.31 It is considered a payer of last and overcome. Vaccines worldwide are 15 virus mutating from COVID-19 may being pushed through approval processes claimant may appeal the decision. otherwise cause.25 resort, and only pays secondary to other sources such as Worker’s Compensation, to ensure mass vaccination, in an eff ort Public Readiness and Emergency Countermeasures Injury to gain control over a virus that has Veteran’s benefi ts, and private health Preparedness Act Compensation Program 32 wrecked havoc upon all seven continents. insurance. The PREP Act does not The Public Readiness and Emergency But if someone in the United States were The Countermeasures Injury provide for payment or reimbursement Preparedness ( PREP ) Act was enacted to suff er an injury related to a vaccine, Compensation Program ( CICP on December 30, 2005, to provide See VACCINE COURT, Page 17 what is their avenue of recourse? ) was created in 2010 to provide liability protections during pandemics 16 compensation for injuries suff ered by Giulia R. Marino is a National Vaccine and epidemics. The PREP Act states Partner at Marino & covered countermeasures when a public Injury Compensation Program a covered person shall be immune from Marino, P.C., a fi rm specializing in plaintiffs suit and liability under Federal and State emergency is declared pursuant to Since 1986, the United States has a 26 personal injury law, who law with respect to all claims for loss the PREP Act. The CICP is funded is admitted to the Federal program in place called the National caused by, arising out of, relating to, or through the Department of Health and Court of Claims to Vaccine Injury Compensation Program 27 assist in vaccine-related resulting from the administration to or Human Services. ( NVICP ). The NVICP serves as a injuries, as well as an the use by an individual of a covered Similar to the NVICP, there is a table active EMT-CC who has No-Fault compensation program, under been treating COVID-19 countermeasure if a declaration& that lists covered countermeasures which a person who has been injured 28 patients throughout the has been issued with respect to such and the corresponding injuries.
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