News & Analysis as of

Health Care Providers Emergency Rooms

Holland & Hart LLP

CMS Updates EMTALA Signage for Hospitals

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On August 13, 2024, the Centers for Medicare and Medicaid Services (CMS) and its Center for Clinical Standards and Quality / Quality, Safety & Oversight Group issued its memorandum QSO-24-17-EMTALA (the “Memorandum”),...more

McDermott Will & Emery

CMS Recommends That Hospitals Adopt Updated EMTALA Signage

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The Centers for Medicare and Medicaid Services (CMS) recently announced the release of updated model signage for use by Medicare-participating hospitals to inform patients of their rights under the Emergency Medical Treatment...more

Sheppard Mullin Richter & Hampton LLP

EMTALA: In the Spotlight

Almost 40 years after its passing, the Emergency Medical Treatment and Active Labor Act (EMTALA) remains not only a key consideration for hospitals with emergency departments, but also a significant federal enforcement...more

Holland & Knight LLP

Tennessee Passes Legislation to Modify the State's Certificate of Need Rules

Holland & Knight LLP on

Tennessee Gov. Bill Lee signed legislation into law on May 21, 2024, that modifies Tennessee's certificate of need (CON) requirements. The law makes several changes to the existing CON law, including exempting more healthcare...more

Robinson+Cole Health Law Diagnosis

Connecticut Governor Signs Bill Requiring Hospitals to Submit Reports on Policy Proposals Related to Emergency Department Crowding

On May 9, 2024, Connecticut Governor Ned Lamont signed into law Public Act No. 24-4, “An Act Concerning Emergency Department Crowding,” (The Act). The Act requires all Connecticut hospitals with an emergency department to, no...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Florida Enacts New Requirements for Hospital Emergency Departments

Florida has adopted new requirements for hospital emergency departments (EDs) as part of the broader ‘Live Healthy’ legislative package. Effective July 1, 2025, all hospitals with an ED must submit a “nonemergent care access...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Private Equity Brings Inequity To The ER

As experienced whistleblower counsel, with more than a decade of representing emergency providers in false claims act (FCA) cases against large hospital systems and national hospital-based staffing groups, the recent...more

Warner Norcross + Judd

Enhanced Fines for Assaulting Medical Staff in Michigan

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Governor Gretchen Whitmer has signed bipartisan bills that were proposed to address significant patterns of violence against Michigan’s health care professionals and medical volunteers. Roughly half of emergency room...more

Amundsen Davis LLC

Uncertainty of State Abortion Laws Leads to CMS Investigations of Hospitals Denying Emergency Care

Amundsen Davis LLC on

On May 1st, the Centers for Medicare and Medicaid Services (CMS) announced investigations into two hospitals that did not provide necessary stabilizing treatment to a pregnant individual experiencing an emergency medical...more

Health Care Compliance Association (HCCA)

[Event] Regional Healthcare Compliance Conference - September 8th, Waltham, MA

Looking for compliance education and networking in your area? HCCA’s Regional Healthcare Compliance Conferences offer practitioners convenient, local compliance education that covers a wide variety of current and emerging...more

Kerr Russell

New Rule Puts Hospitals At Greater Risk Of Liability

Kerr Russell on

On December 7, 2022, the Michigan Supreme Court decided Markel v Beaumont Hospital, 982 NW2d 151 (2022). In a 4-3 decision, the court offered a novel interpretation of Grewe which, in the words of dissenting Justice David...more

Katten Muchin Rosenman LLP

In a Case of First Impression, a Connecticut Trial Court Rules That Investigation Materials Were Privileged Under the Patient...

On March 31, a Superior Court in Connecticut issued a decision in which a Hospital's motion for a protective order was granted on the basis that documents demanded by the plaintiff who was injured at the Hospital were...more

Patrick Malone & Associates P.C. | DC Injury...

Better Health Care Newsletter - April 2023

Why are quality and safety of patient care getting worse? Many of us showered the highest of praise on doctors, nurses, therapists and other medical workers for their valor during the pandemic. They deserved it....more

Kerr Russell

Hospitals May Face Increased Liability Under Michigan Supreme Court Decision

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In the recent case of Markel v. William Beaumont Hospital, 982 N.W.2d 151 (2022), the Michigan Supreme Court changed the analysis for claims alleging that a hospital is vicariously liable for a non-employee’s alleged...more

Health Care Compliance Association (HCCA)

Compliance Today - March 2023. EMTALA confusion: Clinically stable, stable for transfer, and stabilized

The terms clinically stable and stable for transfer are frequently used by and familiar to emergency department and hospital staff. When it comes to compliance with the Emergency Medical Treatment and Labor Act (EMTALA) in...more

Bricker Graydon LLP

What to expect now that we’re expecting: What the end of the public health emergency means for healthcare providers

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On January 30, 2023, President Biden announced that both the COVID-19 national emergency and the public health emergency (PHE) will end May 11, 2023. This announcement has left many healthcare providers considering how the...more

McDermott Will & Emery

Clarity for Rural Emergency Hospitals and Changes for Critical Access Hospitals: CMS Finalizes Conditions of Participation and...

McDermott Will & Emery on

Rural emergency hospitals (REHs) are a new provider type that will allow Medicare to pay for emergency department and other outpatient hospital services in rural areas beginning on January 1, 2023, without requiring the...more

Patrick Malone & Associates P.C. | DC Injury...

Hospitals assailed for Emergency Department crush, causing long, risky waits for patients

​​​​​​​Almost three dozen leading groups representing a range of doctors, specialists, and other health workers have called on the Biden Administration to deal urgently with the long-running but increasing and dangerous...more

Parker Poe Adams & Bernstein LLP

How North Carolina Hospitals Can Navigate the Thorny Legal Landscape Involving Emergency Abortion Care

​​​​​​​In recent months, decisions and laws limiting abortion rights in the United States have forced health care providers that serve pregnant women to keep abreast of quickly changing legal restrictions affecting their...more

Sheppard Mullin Richter & Hampton LLP

EMTALA in the Post-Dobbs World

The Emergency Medical Treatment and Labor Act (EMTALA) requires hospitals with emergency departments and participating in Centers for Medicare and Medicaid Services (CMS) programs to provide medical screening, treatment and...more

McDermott Will & Emery

[Webinar] Critical Access Hospital and Rural Emergency Hospitals: Proposed Rules and Opportunity for Input - August 23rd, 12:30 pm...

McDermott Will & Emery on

Beginning in 2023, Medicare will recognize a new provider type: the Rural Emergency Hospital (REH). The establishment of REHs is intended to preserve access to emergency departments and other outpatient services in rural...more

Katten Muchin Rosenman LLP

6 Best Practices for Designing and Implementing Patient Safety Evaluation System (PSES) Policies in Order to Maximize Privilege...

The federal Patient Safety and Quality Improvement Act of 2005 (PSQIA) established a voluntary reporting system for licensed health care facilities and professionals designed to "enhance the data available to assess and...more

Payne & Fears

Hospitals’ Potential Liability for Failing to Disclose Emergency Room Facility Fees Explored by California Court of Appeal

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California hospitals should be aware of a new California Court of Appeal decision that explores whether hospitals can be held liable for failing to disclose their emergency room fees to patients prior to evaluating/treating...more

Jackson Lewis P.C.

Ohio’s Surprise Billing Law – Impact on Health Plans

Jackson Lewis P.C. on

Ohio’s Surprise Billing Law, R.C. § 3902.51, became effective January 12, 2022, but its impact on health plans is still evolving. The law strives to prevent patients from receiving and paying surprise medical bills,...more

Fox Rothschild LLP

The No Surprises Act Is Here: What Does It Require?

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The federal No Surprises Act went into effect on January 1, 2022. The Act is aimed at reducing “surprise bills” to patients in the context of services provided at hospitals and ambulatory surgical centers, and includes...more

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