Product Description

Recent updates:

• Update: October 2023

  Dear Subscriber:

  Thank you for choosing to stay current in the area of health and hospital law with this 2023 revised edition of the Massachusetts Health and Hospital Law Manual. Inside you will find new material on such topics as the following:

  • Antitrust. See chapter 5 for information as to the Department of Justice's withdrawal of support, on February 2, 2023, for the DOJ/FTC Antitrust Enforcement Policy Statements in the Health Care Area that had permitted certain "safety zones" of information sharing and payor contracting collaboration between competing health-care providers.

  • Fraud. See chapter 8 for recent case decisions and other information regarding criminal neglect, the protection of elderly patients, home health care, mental health investigations, and opioid-related violations.

  • EMTALA Post-Dobbs. See chapter 12 for a detailed discussion of the impact of the U.S. Supreme Court's issuance of the landmark decision on abortion in Dobbs v. Jackson Women's Health Organization, 142 S. Ct. 2228 (2022), along with cites to 2023 case decisions.

  • Telehealth. See chapter 13 for discussion regarding physicians' practices in prescribing controlled medications, and the DEA's proposed rule.

  We at MCLE trust that you will find this revised edition useful in your practice and valuable in keeping your law library up to date.

  Cordially,

  MCLE Press

Table of Contents

Chapter 01 expand

Supreme Judicial Court

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A. W. Phinney, III, Esq., Supreme Judicial Court, Commonwealth of Massachusetts
Neal G. Quenzer, Esq.,

Chapter 02 expand

Massachusetts Appeals Court

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Barbara Margaret Farrell, Esq., Appeals Court, Commonwealth of Massachusetts

Chapter 03 expand

Allocating the Appellate Caseload

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Judith E. Michelman, Esq., Supreme Judicial Court, Commonwealth of Massachusetts
Neal G. Quenzer, Esq.,

Chapter 04 expand

Court of Appeals for the First Circuit

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Judith H. Mizner, Esq., Federal Public Defender Office

Chapter 05 expand

Appellate Divisions of the Massachusetts District Court

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Hon. Mark S. Coven, Quincy District Court, Commonwealth of Massachusetts

Checklist 5.1

- Checklist for Appealing a District Court Decision to the District Court Appellate Division Buy Form

Chapter 06 expand

Preserving Appellate Rights in the Massachusetts Superior Court

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Rebecca Kiley, Esq., Committee for Public Counsel Services
Scott H. Kremer, Esq., Kazarian Law

Checklist 6.1

- Pretrial Preservation of the Right to Appeal in Civil Cases Buy Form

Chapter 07 expand

Preserving Appellate Rights in the Massachusetts District Court

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Hon. Zachary Hillman, District Court Region 5, Commonwealth of Massachusetts

Chapter 08 expand

Analyzing the Decision to Appeal

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Tad Heuer, Esq., Foley Hoag LLP

Chapter 09 expand

Alternative Dispute Resolution in the First Circuit

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Hon. Patrick J. King,

Checklist 9.1

- Checklist for the Settlement Conference Buy Form

Exhibit 9A

- U.S. Court of Appeals for the First Circuit Civil Appeals Management Program Buy Form

Exhibit 9B

- Notice of Mandatory Pre-argument Settlement Conference Buy Form

Chapter 10 expand

Standards of Review

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Alex G. Philipson, Esq., Superior Court, Commonwealth of Massachusetts

Chapter 11 expand

Mechanics of Appeal in the State Courts

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Barbara Margaret Farrell, Esq., Appeals Court, Commonwealth of Massachusetts
Hon. Francis V. Kenneally, District Court Department, Commonwealth of Massachusetts
Hon. Peter Sacks, Appeals Court, Commonwealth of Massachusetts

Chapter 12 expand

Practice Before the U.S. Court of Appeals for the First Circuit

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Judith H. Mizner, Esq., Federal Public Defender Office

Chapter 13 expand

The Appendix and Brief: A Judicial Perspective

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Hon. Gregory I. Massing, Appeals Court, Commonwealth of Massachusetts

Exhibit 13A

- Appeals Court Checklist for Preparation of Brief and Record Appendix Buy Form

Exhibit 13B

- Appeals Court Letter Regarding Rejection of E-Filed Brief or Appendix Buy Form

Chapter 14 expand

The Appellate Brief: A Practitioner’s Perspective

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Dana A. Curhan, Esq., Curhan Law Office

Chapter 15 expand

Special Considerations in Criminal Briefs

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Patricia A. DeJuneas, Esq., Sibbison, DeJuneau & Allen LLP
Patrick Levin, Esq., Committee for Public Counsel Services

Chapter 16 expand

The Attorney General’s Participation in Appeals

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David C. Kravitz, Esq., Office of the Attorney General, Commonwealth of Massachusetts

Exhibit 16A

- Representative Cases in Which the Attorney General Has Filed Briefs as Amicus or Intervenor Buy Form

Chapter 17 expand

Role of the Amicus

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Joanne D'Alcomo, Esq., Jack Mikels & Associates, LLP

Exhibit 17A

- Sample Motion for Leave to File Amicus Brief in First Circuit Buy Form

Exhibit 17B

- Sample Motion for Leave to File Amicus Brief Buy Form

Exhibit 17C

- Sample Motion for Leave to File Amicus Brief in Lower Court (United States District of Massachusetts) Buy Form

Chapter 18 expand

Oral Argument

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Hon. Ariane D. Vuono, Appeals Court, Commonwealth of Massachusetts

Chapter 19 expand

Appellate Disposition

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Chapter 20 expand

Postdecision Practice

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Hon. Joseph M. Ditkoff, Appeals Court, Commonwealth of Massachusetts

Chapter 21 expand

Single Justice Practice in the Supreme Judicial Court

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Maura S. Doyle, Esq., Supreme Judicial Court, Commonwealth of Massachusetts

Chapter 22 expand

Single Justice Practice in the Massachusetts Appeals Court

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Patricia Campbell Malone, Esq., Appeals Court, Commonwealth of Massachusetts
Joseph F. Stanton, Esq., Appeals Court, Commonwealth of Massachusetts

Chapter 23 expand

Single Justice Practice in the Court of Appeals for the First Circuit

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Judith H. Mizner, Esq., Federal Public Defender Office

Appendix

Selected Massachusetts Cases on Standards of Review

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Henry G. Weaver, Jr., Esq.,

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