Health Law Monitor

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

May 12, 2023

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…

West Virginia Board of Medicine Investigators May Now Be Carrying Concealed Firearms

April 27, 2022

In its most recent legislative session, the West Virginia Legislature passed a law, which was subsequently signed by Governor Justice, that will allow investigators with the West Virginia Board of Medicine to carry a concealed firearm.[1]  This is a new law that will create a new statutory section in the West Virginia Medical Practice Act, which is codified at W. Va. Code 30-3-1, et seq.  According…

Expedited Credentialing and Addressing Staffing Shortages During Coronavirus Pandemic

March 12, 2020

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…

Documenting the Standard of Care during a Pandemic

March 11, 2020

The Coronavirus (COVID-19) is spreading through the United States, and the CDC is forecasting continued infection. More and more people could develop symptoms and arrive at hospitals for help. So, what do we know about the standard of care for healthcare providers in these scenarios?

In most states, standard of care is defined by statute and is typically described as that level of care that a…