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Health Care Providers Medical Examinations

Whiteford

New CMS EMTALA Portal Signals CMS Continued Focus on Enforcement Fight Against State Abortion Bans

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On May 21, the Centers for Medicare and Medicaid Services (CMS) announced a new option on CMS.gov to allow individuals to more easily file an Emergency Medical Treatment and Labor Act (EMTALA) complaint. Before launching the...more

Conn Maciel Carey LLP

MSHA’s Final Rule for Respirable Crystalline Silica: What is Required and How Long Do Operators Have to Comply?

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On April 16, 2024, the Mine Safety & Health Administration (“MSHA”) released its final rule for Respirable Crystalline Silica (“RCS”) for preliminary viewing, and it was published in the Federal Register on April 18, 2024....more

Verrill

Don’t Wait – CMS Expects Hospitals to Take Action on Informed Consent for Certain Exams and Procedures

Verrill on

Hospitals should not delay in reviewing and revising their surgical informed consent forms and policies. On April 1, 2024, the Centers for Medicare & Medicaid Services (“CMS”) issued new guidance regarding informed consent...more

Epstein Becker & Green

Updated Requirements for Informed Consent: HHS Issues New Guidance on Sensitive Exams

On April 1, 2024, the U.S. Department of Health and Human Services (“HHS”) released new guidance which requires hospitals to obtain informed consent from patients before practitioners, or medical or other students, perform...more

Console and Associates, P.C.

Patients Claim Columbia University’s Policies Permitted OB-GYN Dr. Hadden to Sexually Abuse Patients for Two Decades

Recently, patients who visited Columbia University’s OB-GYN department have reported the sexual abuse committed against them by Dr. Robert Hadden. Dr. Hadden was a long-time fixture at Columbia University, having spent his...more

Hendershot Cowart P.C.

Physicians: Diagnose & Document Therapeutic Necessity for IV Hydration Treatments

Hendershot Cowart P.C. on

Retail medicine has directly challenged the role of physicians as gatekeepers to prescription medications and medical procedures, and as fiduciaries to their patients. Some providers in the current IV hydration market are...more

Quarles & Brady LLP

What Does Wisconsin Medical Examining Board’s New Chaperone Rule Mean for Hospitals?  Not Much.

Quarles & Brady LLP on

The new rules about chaperones for physicians in private practice (not hospitals or hospital-employed physicians) go into effect October 1, 2023. The rule is promulgated by the Medical Examining Board (MEB), which does not...more

Seyfarth Shaw LLP

Third Party Agents Are Employers For Purposes Of FEHA Liability

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Seyfarth Synopsis: In a case of first impression, the California Supreme Court decided FEHA claims can be litigated directly against certain agents of an employer. Raines v. U.S. Healthworks Medical Group....more

Nossaman LLP

CMS Attempts to Reduce Appointment Times for Medicaid and CHIP Patients - How Will This Impact Your Managed Care Plan?

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A recent survey found that the average wait time for a new patient to see a physician in 15 of the largest cities in the U.S. was 26 days, up from 24.1 days in 2017.  Timely access to health care providers has long been an...more

Console and Associates, P.C.

Zvi Levran, Former Michigan High School Hockey Doctor, Charged with Multiple Counts of Sexual Abuse

Sports provide an incredibly valuable experience for many teens. Whether it's learning how to effectively work as a team, honing their athletic abilities, or even vying for a spot on a professional sports team, most parents...more

Dinsmore & Shohl LLP

Ohio Bill Would Ban Practice of Performing Intimate Exams On Anesthetized Patients Without Prior Consent

Dinsmore & Shohl LLP on

Ohio lawmakers are considering a bill – House Bill 89 – that would bar medical, nursing, and other medical-professional students from performing pelvic, prostate, or rectal exams on anesthetized or otherwise unconscious...more

Fox Rothschild LLP

Telehealth Practitioners Must Be Aware of the DEA’s Proposed New Rules for Prescribing Controlled Substances via Telemedicine

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Telehealth practitioners must take note of the DEA’s proposed rule making that would impact the way telehealth practitioners can prescribe controlled substances. The Ryan Haight Act and the Proposed Rules-...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

Akerman LLP - Health Law Rx

Pelvic Examination Law – Florida Takes a Second Look

The Florida medical community was left concerned and confused by the passage of the original 2020 pelvic examination law. As we discussed in our past blog, practitioners believed the law was overly burdensome, and they were...more

Holland & Knight LLP

Failure to X-Ray Implicates Emergency Medical Treatment and Active Labor Act

Holland & Knight LLP on

The Emergency Medical Treatment and Active Labor Act of 1986 (EMTALA) is designed to prevent patient "dumping." It applies to all individuals coming to the emergency department (ED) of a hospital that accepts Medicare...more

Rivkin Radler LLP

NYS Legalizes Gestational Surrogacy: Changes For Health Care Providers

Rivkin Radler LLP on

On February 16, 2021, the Governor enacted the Child-Parent Security Act (“the Act”) through emergency regulations, legalizing compensated gestational surrogacy in New York State. With gestational surrogacy, a surrogate...more

Spilman Thomas & Battle, PLLC

West Virginia Insurance Commissioner Dodrill Issues Bulletin Impacting Common Practice of "Independent" Medical Examinations in...

Commissioner Dodrill's latest Bulletin is a significant change to common practice for carriers, claims adjusters, and attorneys. West Virginia Insurance Bulletin No. 21-03 interprets W. Va. Code §23-4-8(a) and the physical...more

Akerman LLP - Health Law Rx

Florida: Do You Know Where Your “Minor” Is?

During the COVID-19 pandemic, telehealth usage has dramatically increased, as discussed in a recent Health Law Rx post. Telehealth makes it easier for individuals who cannot drive, including many minors, to seek necessary...more

Ward and Smith, P.A.

Time for a Checkup: Recent North Carolina Efforts Regarding Telehealth - Part II

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The pandemic has also overhauled how physicians and health care providers practice in North Carolina, with many offices switching to virtual exams to help stop the spread of the coronavirus. North Carolina Medical Board's...more

Akerman LLP - Health Law Rx

What consent for which “pelvic examination”?

Healthcare practitioners, including medical students, are now prohibited from performing pelvic examinations on female patients without first obtaining written consent, but many specific, logistical questions were left...more

Akerman LLP - Health Law Rx

Telehealth Physical Examinations: Turn on your camera and show me your “rash.”

Physician offices have seen a dramatic increase in telehealth visits during the COVID-19 pandemic. This development has raised questions regarding the appropriate standard of care when performing a telehealth examination, in...more

Jackson Lewis P.C.

Hospital Granted Summary Judgment On Surgeon’s Discrimination Claims

Jackson Lewis P.C. on

The hospital did not discriminate against a 73-year-old surgeon on the basis of his age or perceived disability or breach his contract when it required him to undergo neuropsychological and physical exams and have a proctor...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Florida Board of Medicine Signals Some Relief for Providers from New Pelvic Exam Requirements

As we previously reported, on August 7, 2020, the Florida Board of Medicine (the “Board”) considered a petition for declaratory statement filed in response to Florida’s new pelvic exam laws. The petition sought clarification...more

Littler

Cal/OSHA Issues Emergency Temporary Guidance Regarding Medical Surveillance Examinations amid Potential Exposure to COVID-19

Littler on

On June 5, 2020, the California Division of Occupational Safety and Health, commonly known as Cal/OSHA, issued temporary emergency guidance to assist physicians and other licensed health care professionals (PLHCPs) balance...more

Fisher Phillips

Healthcare Employers Beware: Are Late Career Practitioner Policies Discriminatory?

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As members of the healthcare industry, some of you may be aware of a situation where an aging physician whose physical or cognitive impairments (that went unnoticed or simply ignored) led to an unfavorable, or possibly...more

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