July 1, 2025
On June 23, 2025, Governor Shapiro issued a press release announcing that starting July 7, 2025, Pennsylvania will become a full participant in three health care licensure compacts, which will make it easier for qualified doctors, nurses, and physical therapists to provide care in multiple states.[1]This is the culmination of almost a decade of efforts in the Commonwealth to fully implement…
June 30, 2025
On June 19, 2025, the United States Supreme Court issued a landmark decision that will significantly impact the availability of gender-affirming care for minors. By a 6-3 decision in United States v. Skrmetti,[1] the Supreme Court upheld Tennessee’s restriction on sex transition treatments for minors, finding that the law did not violate the Equal Protection Clause of The Fourteenth Amendment.…
June 13, 2025
Recent legislation in Colorado is going to dramatically impact the defense of medical negligence claims. For many years, Colorado has enjoyed a stable, relatively low statutory cap on noneconomic damages at $300,000. Colorado’s noneconomic damages has stood in stark contrast to other states with no (or much higher) noneconomic damages caps, such as Kentucky, Georgia, Florida, Minnesota, and…
June 12, 2025
In Neidig v. Valley Health Care, the Supreme Court held that the Medical Professional Liability Act did not apply to claims by the plaintiff, as a class representative, that she and others had mammograms at Valley Health which were of suboptimal quality. The plaintiff made claims under the Consumer Credit Protection Act (CCPA), and sought as damages reimbursement of the costs of the mammograms…
May 9, 2025
On May 6, 2025, Governor Braun signed into law Senate Enrolled Act 475 (“SEA 475”), which significantly transforms the landscape of physician employment contracts with hospitals/hospital affiliated entities within the State of Indiana. As explained in more detail below, this new law prohibits “noncompete agreements” entered into on or after July 1, 2025 between a physician and a hospital, parent…
April 2, 2025
To try or not to try, that is the question for lawyers and providers in medical malpractice cases. The pendulum in medical malpractice litigation has swung towards mandatory mediation for pre-trial resolution. But this trend begs the question: are we trying enough medical malpractice cases? What is the impact on the state of the law, the amount of settlements, and public opinion if there are not…
March 10, 2025
On March 10, 2025, the Supreme Court of the United States agreed to hear Berk v. Choy, No. 23-1620, 2024 U.S. App. LEXIS 18336 (3d Cir. July 25, 2024), a case over whether a Delaware statute which requires service of an affidavit of merit before a claimant can sue a health care provider will be applied in cases filed in federal court. This is important to health care providers because the Supreme…
January 13, 2025
Does your company have any dormant tax-exempt entities in your organizational chart? If so, read on.
In recent Private Letter Ruling (PLR) 202437007[1], the Internal Revenue Service (IRS) revoked the tax-exempt status of an organization. The organization had qualified as a tax-exempt supporting organization under Section 501(c)(3) and Section 509(a)(3) of the Internal Revenue Code (Code), and…
October 1, 2024
On April 26, 2024, the Office for Civil Rights (“OCR”) and the Office of the Secretary in the U.S. Department of Health and Human Services (“HHS”) issued a final rule entitled “HIPAA Privacy Rule to Support Reproductive Health Care Privacy” (“Final Rule”). The Final Rule strengthens the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy Rule[1] by prohibiting the…
August 21, 2024
In an effort to get around the American Rule of no recovery for attorney fees on negligence claims, an avenue sometimes explored is the addition of a claim under the Colorado Consumer Protection Act, C.R.S. §6-1-101 et seq. The Act provides for recovery of attorney fees by a successful plaintiff (but not a successful defense unless the claim is frivolous), and treble damages. C.R.S. §6-1-113(2).…
May 29, 2024
The grounds of the West Virginia Capitol Complex are quieter these days now that the West Virginia Legislature’s regular and first special sessions are complete. Below are a few noteworthy bills that will become effective soon (or which recently took effect) that may considerably impact the health care industry in West Virginia.
S.B. 325 - Relating to distribution of drugs to safety net providers…
February 6, 2024
New Year’s Resolutions are often quickly abandoned as the warm glow and hopeful aura of the holidays are snuffed out by winter’s more frigid days. At least one recent survey claims that people give up on those optimistic goals around 3.74 months into the new year.[1] While Jack Frost may sweep away certain resolutions, those in the health care industry should hold fast to at least one goal…
July 1, 2025
On June 23, 2025, Governor Shapiro issued a press release announcing that starting July 7, 2025, Pennsylvania will become a full participant in three health care licensure compacts, which will make it easier for qualified doctors, nurses, and physical therapists to provide care in multiple states.[1]This is the culmination of almost a decade of efforts in the Commonwealth to fully implement…
June 30, 2025
On June 19, 2025, the United States Supreme Court issued a landmark decision that will significantly impact the availability of gender-affirming care for minors. By a 6-3 decision in United States v. Skrmetti,[1] the Supreme Court upheld Tennessee’s restriction on sex transition treatments for minors, finding that the law did not violate the Equal Protection Clause of The Fourteenth Amendment.…
June 13, 2025
Recent legislation in Colorado is going to dramatically impact the defense of medical negligence claims. For many years, Colorado has enjoyed a stable, relatively low statutory cap on noneconomic damages at $300,000. Colorado’s noneconomic damages has stood in stark contrast to other states with no (or much higher) noneconomic damages caps, such as Kentucky, Georgia, Florida, Minnesota, and…
June 12, 2025
In Neidig v. Valley Health Care, the Supreme Court held that the Medical Professional Liability Act did not apply to claims by the plaintiff, as a class representative, that she and others had mammograms at Valley Health which were of suboptimal quality. The plaintiff made claims under the Consumer Credit Protection Act (CCPA), and sought as damages reimbursement of the costs of the mammograms…
May 9, 2025
On May 6, 2025, Governor Braun signed into law Senate Enrolled Act 475 (“SEA 475”), which significantly transforms the landscape of physician employment contracts with hospitals/hospital affiliated entities within the State of Indiana. As explained in more detail below, this new law prohibits “noncompete agreements” entered into on or after July 1, 2025 between a physician and a hospital, parent…
April 2, 2025
To try or not to try, that is the question for lawyers and providers in medical malpractice cases. The pendulum in medical malpractice litigation has swung towards mandatory mediation for pre-trial resolution. But this trend begs the question: are we trying enough medical malpractice cases? What is the impact on the state of the law, the amount of settlements, and public opinion if there are not…
March 10, 2025
On March 10, 2025, the Supreme Court of the United States agreed to hear Berk v. Choy, No. 23-1620, 2024 U.S. App. LEXIS 18336 (3d Cir. July 25, 2024), a case over whether a Delaware statute which requires service of an affidavit of merit before a claimant can sue a health care provider will be applied in cases filed in federal court. This is important to health care providers because the Supreme…
January 13, 2025
Does your company have any dormant tax-exempt entities in your organizational chart? If so, read on.
In recent Private Letter Ruling (PLR) 202437007[1], the Internal Revenue Service (IRS) revoked the tax-exempt status of an organization. The organization had qualified as a tax-exempt supporting organization under Section 501(c)(3) and Section 509(a)(3) of the Internal Revenue Code (Code), and…
October 1, 2024
On April 26, 2024, the Office for Civil Rights (“OCR”) and the Office of the Secretary in the U.S. Department of Health and Human Services (“HHS”) issued a final rule entitled “HIPAA Privacy Rule to Support Reproductive Health Care Privacy” (“Final Rule”). The Final Rule strengthens the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy Rule[1] by prohibiting the…
August 21, 2024
In an effort to get around the American Rule of no recovery for attorney fees on negligence claims, an avenue sometimes explored is the addition of a claim under the Colorado Consumer Protection Act, C.R.S. §6-1-101 et seq. The Act provides for recovery of attorney fees by a successful plaintiff (but not a successful defense unless the claim is frivolous), and treble damages. C.R.S. §6-1-113(2).…
May 29, 2024
The grounds of the West Virginia Capitol Complex are quieter these days now that the West Virginia Legislature’s regular and first special sessions are complete. Below are a few noteworthy bills that will become effective soon (or which recently took effect) that may considerably impact the health care industry in West Virginia.
S.B. 325 - Relating to distribution of drugs to safety net providers…
February 6, 2024
New Year’s Resolutions are often quickly abandoned as the warm glow and hopeful aura of the holidays are snuffed out by winter’s more frigid days. At least one recent survey claims that people give up on those optimistic goals around 3.74 months into the new year.[1] While Jack Frost may sweep away certain resolutions, those in the health care industry should hold fast to at least one goal…
