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
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
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
6/22/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
EEO ,
Emergency Use Authorization (EUA) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Hospitals ,
Proposed Legislation ,
Restraining Orders ,
Title VII ,
Vaccinations
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
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
6/2/2021
/ Ambulatory Surgery Centers ,
Arkansas ,
Coronavirus/COVID-19 ,
Enrollment ,
Executive Orders ,
Fee-for-Service ,
Governor Hutchinson ,
Healthcare Workers ,
Immunity ,
Licensing Rules ,
Medicaid ,
Medicare ,
Public Health Emergency ,
Small Business ,
Telemedicine ,
Waivers
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
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
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
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
4/6/2020
/ Business Closures ,
Business Interruption ,
CARES Act ,
Compliance ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Families First Coronavirus Response Act (FFCRA) ,
Federal Loans ,
Financial Stimulus ,
Lenders ,
Lending ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
SBA ,
Small Business ,
Unemployment Insurance
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
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
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
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
11/19/2019
/ Appeals ,
Centers for Medicare & Medicaid Services (CMS) ,
Department of Health and Human Services (HHS) ,
Disproportionate Share Adjustments ,
Health Care Providers ,
Health Insurance ,
Hospitals ,
Medicaid ,
Medicare ,
Statutory Interpretation ,
Trade Associations
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
10/28/2019
/ 501(c)(3) ,
Appeals ,
Health Care Providers ,
Health Clinics ,
Hospitals ,
Non-Profit Hospitals ,
Outpatient Services ,
Property Tax ,
Public Charities ,
State Constitutions ,
Tax Assessment ,
Tax Exempt Entities
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
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
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
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
11/14/2017
/ AK Supreme Court ,
Appeals ,
Discovery ,
Discovery Violations ,
Document Destruction ,
Document Preservation Notices ,
Duty to Preserve ,
Health Care Providers ,
Hospitals ,
Medical Malpractice ,
Medical Records ,
Sanctions ,
Spoliation