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Health Law Monitor

Labor and employment

Colorado Physician Assistants No Longer Require Physician Supervision

Effective August 7, 2023, physician assistants in Colorado will no longer be required to practice under the supervision of a physician. SB 083 allows most physician assistants to now practice collaboratively with a physician rather than under a supervisory agreement.

The collaborative agreement must include:

  • The physician assistant's name, license number, and primary location of practice;
  • The…

Indiana Doctor Sues Hospital to Block Physician Non-Compete Under New Indiana Law

On July 1, 2023, the new law restricting physician non-compete agreements went into effect in Indiana.  Four days later, the first case relying on these new provisions was filed in Allen County Superior Court, David Lankford, D.O. v. Lutheran Medical Group, LLC, 02D02-2307-PL-000261. 

In Dr. Lankford’s complaint, he alleges that the Hospital materially breached the terms of his employment agreement…

Indiana Law Restricts Physician Non-Competes (Both Existing and Future): Questions Employers Are Asking/Should be Asking

On May 4, 2023, Governor Holcomb signed into law Senate Bill 7, which will take effect on July 1, 2023. The new law significantly restricts the enforceability of physician non-compete agreements in Indiana, both existing and future agreements. Specifically, the statute (i) provides an outright ban of entering into noncompete agreements with primary care physicians after July 1, 2023, (ii) renders…

Indiana Healthcare Employers Beware—Greater Protections for Physicians are on the Horizon

The Indiana General Assembly passed Senate Bill (SB) 7 on April 24, 2023, and it now heads to Governor Holcomb’s desk for signature. If signed into law, SB 7 would (i) ban noncompete agreements between a primary care physician and employer, (ii) render a noncompete agreement unenforceable upon certain events and (iii) specify a process by which a physician or employer may pursue mediation to…

Potential Showdown Between State Exemptions to COVID-19 Vaccination and Federal Vaccine Mandates in West Virginia.

Last month, the Supreme Court lifted the stay regarding the Centers for Medicare & Medicaid Services (“CMS”) vaccine mandate for providers participating in the Medicare and Medicaid programs to require their employees to be vaccinated against Covid-19.[1] However, several states, including West Virginia, have recently adopted statutes that interfere with  employers’ ability to implement mandatory…

Expedited Credentialing and Addressing Staffing Shortages During Coronavirus Pandemic

Hospitals should anticipate coronavirus patients filling hospital beds from coast to coast based on projections for COVID-19 spread. Healthcare workers, and healthcare providers may become patients needing treatment for the virus resulting in possible shortages of staffing at hospitals, urgent care centers, and even nursing homes.  

Hospitals should have policies in place related to the…

Senate Bill 6 and its Impact on Health Care Professionals

The West Virginia Legislature recently amended the Medical Professional Liability Act, W.Va. Code 55-7B-1, et seq. (“MPLA”) through Senate Bill 6.  These amendments accomplished several things including broadening the statutory definitions of “health care provider” and “health care” to encompass a wider range of health care professionals, health care related activities, and provide MPLA…

 

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