News & Analysis as of

Health Care Providers Federal v State Law Application

Polsinelli

New Federal Surprise Billing Prohibition and Its Implication on State Laws

Polsinelli on

On July 1, 2021, the Biden-Harris Administration issued “Requirements Related to Surprise Billing; Part 1,” an interim final rule (IRM) that will restrict health care providers and facilities from sticking patients with...more

Epstein Becker & Green

Podcast: Federal and State Cannabis Rules Are Moving in Different Directions - Diagnosing Health Care

Federal and state cannabis regulation and enforcement appear to be moving in different directions. While the Food and Drug Administration ("FDA") has broadened its net to target businesses making claims that their products...more

Hinshaw & Culbertson - Health Care

Review of Federal and State Immunity Laws in Response to COVID-19

In light of the ongoing COVID-19 public health crisis, the Secretary of the U.S. Department of Health and Human Services (HHS) signed a declaration providing immunity from suits involving the production and administration of...more

Hinshaw & Culbertson - Health Care

CARES Act Limits Liability for Volunteer Health Care Providers While Illinois Limits Liability for Health Care Facilities,...

State and federal officials have called on volunteer health care providers to assist in the emergency response to COVID-19. In an effort to protect these volunteer health care providers, liability protections were included in...more

Seyfarth Shaw LLP

The Intersection of Alleged HIPAA Violations and State Negligence Law

Seyfarth Shaw LLP on

Synopsis: HIPAA provides no federal cause of action, but alleged HIPAA violations may be remedied in state court under state negligence law....more

Baker Donelson

Recent Florida Patient Brokering Act Developments Spark Growing Quandary

Baker Donelson on

Florida's health care industry is facing a growing quandary over how to structure arrangements in light of recent legislative and judicial events with the Florida Patient Brokering Act Fla. Stat. § 817.505 (PBA). As a...more

Ruder Ware

HIPAA this, HIPAA that. Everything is a HIPAA issue. Deconstructing the "HIPAA Bias."

Ruder Ware on

HIPAA, as a body of regulations protecting the confidentiality of patient health care information, has been branded very effectively. Most staff at your average health care facility know about HIPAA and that it protects the...more

Dickinson Wright

Restrictions on Fees Permitted Under HIPAA for Copies of Medical Records

Dickinson Wright on

When health care providers provide copies of medical records to an individual patient or to third parties at the direction of that individual patient, they are permitted under HIPAA to recover “a reasonable, cost-based fee.”...more

Clark Hill PLC

Healthcare Liability Affidavits Not Required in Federal Court

Clark Hill PLC on

The Fifth Circuit recently denied en banc reconsideration of Passmore v. Baylor Health Care System, 823 F.3d 292 (5th Cir. 2016). In the Passmore opinion, the court held that Texas’ requirement regarding expert reports in...more

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