Foong vs. Empire

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OUTCOME:

A case of first impression in New York that was affirmed by the Appellate Division, First Department on May 29, 2003 and reported on the front page of the New York Law Journal. The case upheld a physic ... ian's right to bring a civil action against an HMO that terminated a physician without complying with Public Health Law (PHL) 4406-d due process requirements. The case also upheld a private right of action for bad faith reporting of a physician to the state licensure board under PHL 230.