The Occupational Safety and Health Administration (OSHA) has proposed a rule to replace and expand its Fire Brigades Standard. The proposed Emergency Response Standard would impose new requirements on employers with employees...more
The No Surprises Act (NSA), enacted in 2020, protects patients from surprise medical bills for emergency services and, in certain circumstances, when treated by out-of-network providers in an in-network facility. Since the...more
Linden v. City of Southfield, Michigan, No. 22-1681, Jul. 26, 2023 - Emergency medical personnel were granted qualified immunity after pronouncing a person dead, despite her still demonstrating respiratory movement and...more
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
Distances in rural health care can be hard to fathom. A 2018 study found it took rural Americans, on average, 17 minutes to get to a hospital, but only 10 minutes in an urban center. The distance between rural hospitals can...more
The American Academy of Emergency Medicine Physician Group (AAEM-PG) sued Envision Healthcare in California, alleging that Envision’s use of so-called “friendly PC” business structures violates California’s laws regarding the...more
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
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
On November 4, 2021, the Second District Court of Appeal, Division 2, ruled against establishing tort liability for insurers who paid less than what the hospital believed to be the “reasonable and customary value.” This...more
In a recent decision in Gray v. Dignity Health, the California Court of Appeal analyzed the impact of the federal Emergency Medical Treatment and Active Labor Act (“EMTALA”) statute, and similar provisions of California law,...more
On August 18, 2021, Mississippi’s State Health Officer Thomas Dobbs issued a statewide Order (https://msdh.ms.gov/msdhsite/_static/resources/15395.pdf) allowing certified paramedics, advanced emergency medical technicians,...more
On June 22, 2021, Ohio Governor Mike DeWine signed into law Senate Bill 21 (S.B. 21), which amends ORC 4765.401 governing protocols for the assessment, triage and transport to hospitals of stroke patients by emergency medical...more
On May 5, 2021, OIG issued guidance on its COVID-19 Administrative Enforcement FAQs page stating that an ambulance provider or supplier waiving or discounting Medicare beneficiary cost-sharing obligations presents a low risk...more
On October 5, 2020, the US Drug Enforcement Administration (DEA) issued a notice of proposed rulemaking establishing a registration category for emergency medical services (EMS) agencies and more generally implementing the...more
This article is part of a series in which Brooks Pierce highlights clients that are going above and beyond to help combat the effects of the COVID-19 crisis in their communities. Biscuitville, a Greensboro, North...more
On May 12, 2020, Gov. Bill Lee issued Executive Order No. 36, which is designed to facilitate the incremental reopening of Tennessee businesses. The Order acknowledges that COVID-19 remains present in communities throughout...more
Texas Governor Greg Abbott has suspended certain regulations governing Emergency Medical Services (“EMS”) and first responders, which will allow qualified, but not certified, EMS workers to provide services during the...more