News & Analysis as of

Health Care Providers Civil Liability

Holland & Knight LLP

Substance Use Disorder Confidentiality Regulations Modified to Align with HIPAA

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After more than a year since the U.S. Department of Health and Human Services' (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) issued the proposed changes to the...more

American Conference Institute (ACI)

[Event] 21st Annual Advanced Forum on Obstetric Malpractice Claims - October 12th - 13th, Philadelphia, PA

Obstetrics malpractice claims continue to be the most expensive within the medical malpractice arena. The unparalleled faculty of claim specialists, risk managers, medical experts – as well as a wide array of plaintiff and...more

Clark Hill PLC

Healthcare Organizations and Practitioners Receive New Protection Against Frivolous Whistleblower Lawsuits

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Last Friday, the U.S. Supreme Court (SCOTUS) handed down an important ruling that will give healthcare organizations and practitioners relief against meritless whistleblower lawsuits. The ruling could result in saving...more

Oberheiden P.C.

Ten Things You Should Know if Your Clinical Laboratory is Under Investigation

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Similar to other types of healthcare entities, clinical laboratories have been facing enhanced scrutiny from federal authorities over the past couple of years. While this is due in part to fraud concerns related to COVID-19...more

Health Care Compliance Association (HCCA)

[Event] Regional Healthcare Compliance Conference - January 27th, Lake Buena Vista, FL

Looking for compliance education and networking in your area? HCCA’s Regional Healthcare Compliance Conferences offer practitioners convenient, local compliance education, including updates on the latest news in regulatory...more

Harris Beach PLLC

Fourth Department Rejects Argument Covid-19 Immunity Repeal Should Be Retroactive

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On October 7, 2022, New York’s Appellate Division, Fourth Department issued its critical decision in Antonella Ruth v. Elderwood at Amherst, et al., CA 22-00069 regarding whether the repeal of the Emergency or Disaster...more

Foley & Lardner LLP

Managed Care & the FCA: Are Courts Getting It Right?

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Courts are grappling with unique questions in the context of managed care programs in False Claims Act (FCA) cases. But are they getting it right? Two questions trending in courts relate to: (1) materiality under the FCA when...more

Health Care Compliance Association (HCCA)

[Virtual Event] Healthcare Enforcement Compliance Conference - November 7th - 9th, 8:55 am - 3:30 pm CST

Hear directly from the enforcement community - Want to gain insight into properly monitoring, detecting, investigating, and managing violations? Join us virtually at HCCA’s Annual Healthcare Enforcement Compliance...more

Goodwin

OIG Alert and DOJ Enforcement Action Summary: Telemedicine Arrangements

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The July 20, 2022 Special Fraud Alert describes findings from what OIG describes as “dozens of investigations of fraud schemes involving companies that purported to provide telehealth, telemedicine, or telemarketing services”...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Medical Practitioners Beware: Telemedicine Schemes May Result In Unexpected Liability

Takeaway: Medical practitioners should exercise extreme caution when entering into telemedicine agreements, in order to avoid unintended civil and criminal consequences. It is advisable to consult with an attorney before...more

Bass, Berry & Sims PLC

How to Conduct an Effective Internal Investigation

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In recent years, the federal government has been particularly aggressive in pursuing civil and criminal enforcement against healthcare entities. Given the highly regulated nature of the field and the ever present risk of...more

Oberheiden P.C.

6 Frequently Asked Questions with Lab Defense Attorney Nick Oberheiden

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Clinical laboratories have come under increased scrutiny in the past few years, especially those that deal with COVID-19 testing or drug testing. These federal investigations can be surprising and confusing for lab...more

Oberheiden P.C.

Federal Government Targets Providers Administering Amniotic Injections

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The federal government has recently made clear its intention to go after healthcare providers who provide amniotic injections to certain Medicare and Medicaid recipients. Over recent years, the federal government has...more

Oberheiden P.C.

Seven Points to be Aware of for Durable Medical Equipment Company Compliance

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Durable medical equipment (DME) is particularly important for many Medicare beneficiaries. However, companies that manufacture and sell DME need to be careful because there are strict federal regulations outlining almost...more

Akerman LLP - Health Law Rx

New Florida Laws Focus on Health Care

Before closing its 2021 session, the Florida Legislature passed several bills that impact health care. The first bill discussed below regarding civil liability became effective on March 29, 2021. The majority of the other...more

Polsinelli

Missouri Protects Health Care Providers from Civil Actions Relating to COVID-19 Exposure

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On July 7, 2021, Missouri Governor Mike Parson signed SB 51 into law, which protects health care providers from being held liable in civil actions for COVID-19 exposure (the “Act”)....more

Lathrop GPM

Missouri Governor Signs Bill on COVID-19 Civil Actions

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On July 7, 2021, Missouri Governor Mike Parson signed into law a COVID-19 liability bill (Senate Bill 51). The law, which becomes effective on August 28, 2021, is intended to provide protections to Missouri businesses, the...more

Foley & Lardner LLP

New Texas Law Shields Businesses From COVID-19 Liability

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On June 14, 2021, Texas Gov. Greg Abbott signed into law SB 6, a bill granting retroactive civil liability protections for large and small businesses, and a variety of health care providers and first responders subjected to...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Insights, Volume 2, Issue 12

Welcome to the twelfth issue of the 2021 edition of Unprecedented. Since the COVID-19 vaccines were approved, most employment lawyers agree employers can require employees to become vaccinated (although they are more divided...more

Jackson Walker

Legislative Update on Pandemic-Related Bills Sent to Governor Abbott

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Of the approximately 150 bills and resolutions related to COVID-19 that were filed, only 20 were passed by the 87th Texas Legislature and sent to Governor Abbott for signature. This article summarizes three pandemic-related...more

Orrick, Herrington & Sutcliffe LLP

Responsabilità medica e pandemia da “covid-19”

Con la L.n. 76 del 28.5.2021 è stato convertito, con modificazioni, il DL 1.4.2021, n. 44 “Misure urgenti per il contenimento dell'epidemia da COVID-19, in materia di vaccinazioni anti SARS-CoV-2, di giustizia e di concorsi...more

Littler

Arizona Joins Other States in Passing COVID-19 Liability Protection for Businesses

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Arizona Governor Doug Ducey recently signed Senate Bill 1377 after a push from Republican legislators to limit civil liability exposure for “Good Samaritans” who have worked to protect and provide for Arizonans during the...more

Clark Hill PLC

A New Kind of Covid Immunity: Here’s What You Need To Know About Arizona’s New Law Protecting Businesses From Covid Lawsuits

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Over the past year, the big story has been the search for vaccines to protect people from Covid-19. You can’t vaccinate a business, but Arizona businesses are now protected from liability related to Covid-19. ...more

Jones Day

New Florida Law Limits Liability for Defendants Facing COVID-19 Lawsuits

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A new Florida law provides civil immunity from COVID-related lawsuits to defendants that complied in good faith with government health standards, and it imposes heightened pleading and proof requirements on plaintiffs. On...more

Husch Blackwell LLP

Wisconsin Business Entities Granted Civil Immunity For COVID-19 Exposure

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On February 25, 2021, the Wisconsin Legislature enacted 2021 Wisconsin Act 4 (the “Act”), which, in part, grants immunity to business entities from civil liability related to COVID-19 exposure, with certain exceptions...more

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