In a much anticipated ruling, the U.S. Supreme Court vacated a Pennsylvania Supreme Court opinion that prohibited an out-of-state plaintiff from suing an out-of-state defendant for out-of-state behavior. While the decision in...more
Across the United States, public schools are primarily funded by property taxes based on assessments on both the land and buildings within the taxing district. Historically, however, non-profit hospitals, health centers,...more
Litigation strategy is a dynamic process from pre-suit through the appellate systems. For parties initiating an action, choosing the most advantageous court or “forum” is key. Attorneys and their clients consider many factors...more
On April 25, 2022, the U.S. Supreme Court granted certiorari of a case in which the Pennsylvania Supreme Court held that an out-of-state corporation’s mere registration to conduct business within the Commonwealth did not...more
Federal enforcement of the 21st Century Cures Act’s (the Cures Act) prohibitions on improper blocking of electronic health information is ramping up. The Cures Act already targets technology developers and health information...more
4/25/2022
/ 21st Century Cures Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Civil Monetary Penalty ,
Department of Health and Human Services (HHS) ,
Electronic Medical Records ,
Electronic Protected Health Information (ePHI) ,
Final Rules ,
Health Care Providers ,
Health Information Technologies ,
HIPAA Privacy Rule ,
Information Blocking Rules ,
OIG ,
Policies and Procedures ,
Written Consent
Across the U.S., many large, non-profit health systems, hospitals, and healthcare providers pay little, if any, property taxes. The long-held property tax exemption is under attack from revenue-hungry tax authorities. Jared...more
3/4/2022
/ Charitable Organizations ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Non-Profit Hospitals ,
Physicians ,
Property Tax ,
Revocation ,
Tax Exemptions ,
Tax Planning ,
Webinars
In 2021, thanks to the seventh “personal jurisdiction” opinion decided by the U.S. Supreme Court in just over a decade, as well as some state-based legal developments, we now have firm guidelines about where all types of...more
A recent trial court decision could have significant, long-term consequences for the financial models of Pennsylvania non-profit healthcare providers. Ruling that three non-profit Chester County hospitals of the Reading,...more
The Supreme Court of Pennsylvania has ruled that the records of any hospital committee which performs a peer-review function are entirely exempt from discovery in Leadbitter v. Keystone Anesthesia Consultants, Ltd., Pa., 2021...more
Adam Bahret of Apex Ridge Reliability defines Use Case 7 as the way a customer may use your product in a manner that is way beyond anything you expect. Product engineers may explore Use Case 7 to reveal weaknesses in a...more
In the second installment of the Legal Use Case 7 series, White and Williams lawyers Frank Bruno, Jim Burger and Bill Kennedy expand upon their first conversation with Apex Ridge Reliability engineer and originator of the Use...more
For the seventh time in eleven years, the U.S. Supreme Court has curtailed the Constitutional concept of in personam jurisdiction. Superficially, Ford Motor Company v. Montana Eighth Judicial District Court appears to be a...more
...Robots are everywhere – but perhaps just not how everyone imagined them. For decades, the promise of robots brought to mind devices like R2D2 and C3PO, or perhaps Rosie the Robot from The Jetsons – autonomous, intelligent...more
Advocates for healthcare patients, providers, payors and privacy professionals received good news on Thursday, December 10, 2020 with the announcement of long-awaited and debated proposed amendments to the complex Health...more
On December 3, 2020, in anticipation of one or more forthcoming COVID-19 vaccines, the U.S. Department of Health and Human Services (HHS) purported to broadly expand civil immunity from tort claims related to the manufacture,...more
12/7/2020
/ Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Distribution Rules ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
Healthcare Workers ,
Immunity ,
Manufacturers ,
NIOSH ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Subject Matter Jurisdiction ,
Telehealth ,
Vaccinations
On September 3, 2020, the Pennsylvania Department of Health (DOH or the Department), which regulates PA-based skilled nursing facilities (SNFs), issued new guidance on the frequency of testing residents and staff, the...more
On June 15, 2020, the U.S. Supreme Court held that Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on their sexual orientation or gender identity. Justice Neil Gorsuch wrote the...more
6/17/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
On June 1, 2020, the Centers for Medicare & Medicaid Services (CMS) announced it will link state CARES Act funding to its requirement that states must perform COVID-19-related infection control surveys of every licensed...more
Responses to the COVID-19 pandemic have led to rapidly evolving recommendations, guidelines and advice throughout the healthcare industry. A recent publication from the Pennsylvania Department of Health’s Health Alert...more
Long-term care facilities have long had written standards, policies, and procedures for infection control, including “when” and “to whom” possible incidents of communicable diseases should be reported. Pursuant to those...more
As part of sweeping exemptions aimed at facilitating all levels of healthcare during the coronavirus public health emergency, the Centers for Medicare and Medicaid Services (CMS) has been issuing waivers for a wide range of...more
5/5/2020
/ Ambulatory Surgery Centers ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Critical Access Hospitals ,
Health Care Providers ,
Healthcare ,
Home Health Agencies ,
Hospice ,
Hospitals ,
Inpatient Rehab Facilities ,
Long Term Care Facilities ,
Physicians ,
Psychiatric Hospitals ,
Skilled Nursing Facility ,
Telemedicine
As part of sweeping exemptions aimed at facilitating all levels of healthcare during the coronavirus public health emergency, the Centers for Medicare and Medicaid Services (CMS) has been issuing waivers for a wide range of...more
As part of sweeping exemptions aimed at facilitating all levels of healthcare during the coronavirus public health emergency, the Centers for Medicare and Medicaid Services (CMS) has been issuing waivers for a wide range of...more
The Pennsylvania Supreme Court has issued a tort decision with far-reaching implications for all manufacturers and sellers of products throughout the state. Absent further legislation beyond the 2011 Fair Share Act, liable...more
Most experienced asbestos trial lawyers will shout, “Depositions live forever!,” suggesting that evidence produced in one case at one time and in one state may live to influence the outcome in many cases for decades to come....more
1/15/2020
/ Admissible Evidence ,
Allocation of Liability ,
Appeals ,
Asbestos ,
Asbestos Litigation ,
Comparative Negligence ,
Contribution Claims ,
Cross-Claims ,
Depositions ,
Evidence ,
Inadmissible Evidence ,
Indemnification ,
Joint Tortfeasors ,
Liability Insurance ,
NJ Supreme Court ,
Settlement ,
Toxic Exposure