News & Analysis as of

Medical Malpractice Public Health Emergency

Holland & Knight LLP

CMS Issues 2023 Medicare Physician Fee Schedule Final Rule

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The Centers for Medicare & Medicaid Services (CMS) released the Calendar Year (CY) 2023 Medicare Physician Fee Schedule (PFS) Final Rule on Nov. 1, 2022, which impacts Medicare Part B payments starting on Jan. 1, 2023....more

Harris Beach PLLC

PREP Act Preemption: “There is no COVID-19 Exception to Federalism”

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When the estates of nursing home residents who died from COVID-19 brought negligence and wrongful death lawsuits in New Jersey state court, defendant nursing homes removed the suits to federal court under the Public Readiness...more

Polsinelli

Missouri Protects Health Care Providers from Civil Actions Relating to COVID-19 Exposure

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On July 7, 2021, Missouri Governor Mike Parson signed SB 51 into law, which protects health care providers from being held liable in civil actions for COVID-19 exposure (the “Act”)....more

Littler

Texas Enacts New COVID-19 Liability Protection Law

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On June 14, 2021, Texas Governor Greg Abbott signed the Pandemic Liability Protection Act into law. The law became effective upon his signing. This new law provides COVID-19 liability protections for health care providers,...more

Orrick, Herrington & Sutcliffe LLP

Responsabilità medica e pandemia da “covid-19”

Con la L.n. 76 del 28.5.2021 è stato convertito, con modificazioni, il DL 1.4.2021, n. 44 “Misure urgenti per il contenimento dell'epidemia da COVID-19, in materia di vaccinazioni anti SARS-CoV-2, di giustizia e di concorsi...more

Littler

Arizona Joins Other States in Passing COVID-19 Liability Protection for Businesses

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Arizona Governor Doug Ducey recently signed Senate Bill 1377 after a push from Republican legislators to limit civil liability exposure for “Good Samaritans” who have worked to protect and provide for Arizonans during the...more

Morgan Lewis - Health Law Scan

Additional PREP Act Amendments Accommodate Vaccination Administration Needs

Given the significant push to vaccinate the public since the start of 2021, the increasing availability of vaccines, and the need to recruit additional personnel to administer vaccinations, the secretary of the US Department...more

Clark Hill PLC

A New Kind of Covid Immunity: Here’s What You Need To Know About Arizona’s New Law Protecting Businesses From Covid Lawsuits

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Over the past year, the big story has been the search for vaccines to protect people from Covid-19. You can’t vaccinate a business, but Arizona businesses are now protected from liability related to Covid-19. ...more

Littler

West Virginia Enacts COVID-19 Jobs Protection Act

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On March 19, 2021, Governor Jim Justice signed legislation enacting a coronavirus liability shield law.  Senate Bill 277, the COVID-19 Jobs Protection Act (“the Act”), is effective retroactively from January 1, 2020 and...more

Rumberger | Kirk

Florida Governor Signs COVID Liability Limitation Bill into Law

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On March 29, 2021, Florida Governor Ron DeSantis signed SB 72 into law, providing civil liability for business entities for COVID-19 related claims for damages, injury, or death in certain circumstances, and only after the...more

Rumberger | Kirk

Legislative Update: COVID-19 General Liability Legislation Passes First Key Vote

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Florida House Bill 7 (HB 7), Civil Liability for Damages Relating to COVID-19, passed an important hurdle on Friday, March 5, 2021.  House Bill 7 (HB 7) and corresponding Senate Bill 72 (SB 72) limit exposure and liability...more

Rumberger | Kirk

COVID-19 General Liability Legislation Extension to Healthcare Providers

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Shortly after the introduction of the COVID-19 general liability bill, (HB 7 and SB 72) in an effort to protect businesses from frivolous lawsuits, Senate Judiciary Chairman Jeff Brandes of St. Petersburg introduced Senate...more

Burr & Forman

Alabama Enacts COVID-19 Liability Protections for Businesses and Healthcare Providers

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On February 12, 2021, Governor Ivey signed into law legislation that provides civil liability protections to Alabama businesses and healthcare providers related to COVID-19. The legislation provides broad immunity to ensure...more

Akerman LLP - Health Law Rx

The Sun is Rising on COVID Liability Protection for Florida Healthcare Providers

Good news is here for healthcare providers worried about being left out of COVID-19-related liability protections during the 2021 Florida Legislative Session! The Republican-led Legislature, supported by Governor Ron...more

Robinson+Cole Health Law Diagnosis

COVID-19 Vaccine Update: HHS Expands Pool of Eligible Vaccinators under PREP Act

On January 28, 2021, the Department of Health and Human Services (HHS) issued a Fifth Amendment to HHS’s Declaration under the Public Health Readiness and Emergency Preparedness Act (PREP Act) that provides liability immunity...more

Searcy Denney Scarola Barnhart & Shipley

Is Industry Using the Coronavirus Pandemic to Gain Special Immunity?

Hospitals and nursing homes are selfishly seeking protection from civil and criminal lawsuits as the coronavirus spreads across the country. Sadly, they are succeeding. And, these facilities are not small hospitals or nursing...more

Baker Donelson

Alabama Malpractice Liability and Immunities During COVID-19 Pandemic

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With the rapid and expansive spread of the COVID-19 pandemic, Alabama health care providers may face a shortage of critical supplies, including ventilators and dialysis machines, which would require difficult decisions...more

Conn Kavanaugh

Finally! Some Relief for Healthcare Providers Risking Their Lives to Respond to COVID-19

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Across the country, hospitals and healthcare providers are facing an unprecedented surge of patients with COVID-19 symptoms while continuing to care for patients with other medical conditions. Responding adequately to the...more

Rivkin Radler LLP

Legal Protections for Healthcare Workers during the COVID-19 Pandemic

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At a time when medical professionals are overwhelmed by the COVID-19 crisis, Governor Cuomo issued an executive order expanding resources to healthcare workers. The goal is to meet the treatment demands of coronavirus...more

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