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Licenses and the Law Series, Part II

As we explained in our first article, most licensing boards follow a similar process when it comes to investigating complaints against one of their licensees. First, the licensing board receives a complaint...more

Renewal of Federal COVID-19 Public Health Emergency

On July 19, 2021, the U.S. Department of Health & Human Services (HHS) issued a Renewal of Determination that a Public Health Emergency Exists extending the federal COVID-19 public health emergency (PHE) for another ninety...more

Mandating COVID-19 Vaccines in Hospitals

On June 4, 2021, a federal judge denied a request for a temporary restraining order that would have blocked Houston Methodist Hospital (the “Hospital”) from requiring its employees to receive one of the currently-available...more

Peer Review Immunity is a Bar to Doctor's Allegations of Defamation

When a doctor is subject to a formal peer review proceeding, those involved must pay close attention to the medical staff bylaw and any hospital policies, procedures, and rules governing the process. These protections require...more

Expiration of Arkansas' Public Health Emergency

Since the COVID-19 public health emergency was initiated in Arkansas in March 2020, Governor Asa Hutchinson has repeatedly renewed the emergency order, maintaining the public health emergency for fourteen (14) months. ...more

Injured Workers Cannot Use the Declaratory Judgment Act to Avoid Exclusive Jurisdiction in the Workers' Compensation Commission

The Arkansas Supreme Court recently handed down an opinion that should reassure employers dealing with an incident involving a workplace injury. The Court affirmed that disputes over such injuries belong in the Workers’...more

Elective Procedures to Resume in Arkansas Subject to Limitations

The Secretary of Health, in consultation with Governor Asa Hutchinson, will allow elective procedures to resume on April 27, 2020, subject to certain requirements. With very few exceptions, all elective procedures were halted...more

COVID-19 – Governor Issues Liability Protections for Healthcare Workers

On April 14, 2020, Governor Asa Hutchinson issued Executive Order 20-18. Among other things, this EO provided immunity for healthcare workers from liability in order to equip these professionals with the tools necessary to...more

UPDATE: New Regulations Define Broadly Health Care Providers Excluded from Paid Expanded Medical Leave and Paid Sick Leave...

In the wake of phase three of coronavirus relief in the form of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), lawmakers are discussing phase four. For this update, however, we go back to phase two, the...more

UPDATE: Hospital Staffing Disruption COVID-19

With the continued spread of COVID-19 and the increased burden on our healthcare system, the Centers for Disease Control (CDC) has again issued new guidance. After the CDC issued its return-to-work guidance for healthcare...more

Hospital Staffing Disruption COVID-19

It is inevitable that as COVID-19 spreads in the community, hospitals and other healthcare providers will experience staffing disruption. Our doctors, nurses, aides, technicians, and other medical staff are on the frontlines,...more

Stafford Act and Possible Waivers

President Trump declared a National Emergency under the Stafford Act on March 13, 2020. This allows the Department of Health and Human Services (HHS) to waive certain Medicare and Medicaid requirements, giving hospitals and...more

State Hospital Association Fights Changes to Medicaid DSH Payment Rules

For hospitals that “serve a disproportionate number of indigent patients” Medicaid allows for supplemental payments to help ensure their financial viability. The calculation of those supplemental payments recently became the...more

Are Hospital Clinics Tax Exempt in Arkansas? Court of Appeals Weighs in on the Bounds of the Public-Charity Tax Exemption

It is widely recognized that the public-charity tax exemption in the Arkansas Constitution covers charitable hospitals, provided they meet certain criteria established by Arkansas Supreme Court case law. But what about a free...more

UPDATE - Big Win for Arkansas Hospitals: protecting the quality assurance process

Last month, we wrote that the Arkansas Court of Appeals had recently affirmed the critically important quality-assurance privilege in Arkansas, codified at Arkansas Code Annotated section 16-46-105...more

Big Win for Arkansas Hospitals: Protecting the Quality Assurance Process

The Arkansas Court of Appeals recently affirmed the critically important quality-assurance privilege in Arkansas, codified at Arkansas Code Annotated section 16-46-105. At issue was whether a hospital must convene a formal...more

Sovereign Immunity in Arkansas: Absolute or Only a Bar to Monetary Recovery?

Earlier this year, the Arkansas Supreme Court handed down a case that reduced the ability to sue the State. See Board of Trustees of the University of Arkansas v. Andrews. This decision has been controversial; it has already...more

Hospital Answer Stricken for Destroying Paper Medical Record after Scanning into the EMR

On Wednesday, October 25, 2017, the Arkansas Court of Appeals handed down an opinion affirming a severe sanction against a hospital in a medical malpractice case. The trial court had stricken the hospital’s answer, where...more

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