The WCAB must ground its decisions in substantial evidence. We practitioners must review medical-legal reports and any doctor’s depositions to ensure the medical record, when read as a whole, constitutes substantial evidence....more
Health care providers can feel pulled in different directions trying to balance the requirements of state laws to disclose patient information with the privacy protections of HIPAA. For example, state workers’ compensation...more
On September 30, 2021, Governor Gavin Newsom signed California AB 1194 amending numerous statutes pertaining to conservatorships. The following are highlights: Internet Posting of Fees of Licensed Professional...more
Settling RTA whiplash-related injuries without a medical report - The Civil Liability (Specification of Authorised Persons) Regulations 2021 (SI 2021/326) have been published, together with an explanatory memorandum. The...more
The U.S. Department of Labor continues to regularly update its question and answer guidance under the Families First Coronavirus Response Act. In its latest update, DOL provides helpful guidance on a range of issues involving...more
Compliance Today, December 2019 - According to a recent MLN Connects notice, “A recent Office of the Inspector General (OIG) report noted that, in some cases, pharmacies incorrectly billed Medicare Part B for claims using...more
The Florida Fifth District Court of Appeal harmonized the interpretation of state statutory and constitutional language in the first post Amendment 7 case dealing with access to adverse medical incident reports and their use...more
To avoid family disputes over a will after one’s death, it’s worth taking the time now to institute steps to protect the will from legal challenges. This article details four specific steps for bulletproofing a will. A...more
The families and children migrating from Central America have suffered terrible traumatic experiences, and a recent report by Physicians for Human Rights (PHR), a non-profit advocacy group, addresses the serious, long-term...more
Judge Carlos E. Samour, Jr., on June 29 ordered unsealed the court filings surrounding psychiatric evaluations of James Eagan Holmes, the man convicted of killing 12 people and wounding 70 others in the Aurora, Colorado,...more
“A robust, sustainable blood system is a crucial component of every health care system.” That is how Rand Corporation’s recently issued comprehensive report entitled “Toward a Sustainable Blood Supply in the United States”...more
The Ninth Circuit recently considered whether the layout of a medical report can be protected as trade dress under the Lanham Act, or whether the layout of a report is merely functional. The subject case, Millennium...more