Health Law MonitorOtherNew Year, New Code List – But Same Stark LawFebruary 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… Why Pledger’s Rejection of the MPLA's Notice of Claim and Certificate of Merit Requirements Matter to Healthcare ProvidersJanuary 30, 2024 In a recent post,[i] we highlighted the Fourth Circuit’s decision in Pledger v. Lynch, 5 F.4th 511, 520 (4th Cir. 2021). There, the Fourth Circuit held that the notice and certification requirements[ii] of West Virginia’s Medical Professional Liability Act (“MPLA”) are incompatible with the Federal Rules of Civil Procedure and therefore do not apply in federal court. Pledger’s holding sets the… The Fourth Circuit Rejects Pre-Suit Notice and Screening Requirements in Medical Professional Liability ActionsNovember 28, 2023 West Virginia’s Medical Professional Liability Act (“MPLA”), W. Va. Code § 55-7B-1, et seq., implements tort reform in medical malpractice actions. Pursuant to the MPLA, plaintiffs must serve two documents, a Notice of Claim and Screening Certificate of Merit, on each health care provider they intend to sue at least thirty days prior to filing a medical professional liability action.[1] The… HHS Details Penalties for Certain Actors—But Leaves Providers HangingSeptember 25, 2023 On July 3, 2023, the Office of the Inspector General (OIG) and the U.S. Department of Health and Human Services (HHS) published a final rule implementing information blocking penalties against two types of health care actors—health information networks (HINs)/health information exchanges (HIEs) and developers and offerors of health information technology (HIT).[1] The final rule became effective… ANCHORS AWAY: FIGHTING DAMAGE TACTICSAugust 10, 2023 For years we have been facing Reptile tactics designed to increase verdicts. With each nuance in the strategies, defense counsel are often playing catch up as to how to battle them. Consulting services conduct studies on juror reactions and war stories are shared to determine how best to combat each new approach. A common one being addressed currently is the use of anchors. The attorney will… Supreme Court Confirms Government’s Discretion to Dismiss Qui Tam False Claim Act LawsuitsJuly 7, 2023 On June 16, 2023, the United States Supreme Court handed down its decision in U.S. ex rel. Polansky v. Executive Health Resources, No. 21-1052. The decision may have a lasting impact on the quickly growing False Claims Act (“FCA”) qui tam litigation throughout the United States. In Polansky, the Supreme Court held that the federal government has the authority to dismiss an FCA suit in which it… Supreme Court of Appeals of West Virginia Upholds Peer Review PrivilegeJune 16, 2023 The Supreme Court of Appeals of West Virginia issued a new opinion affirming the ban on discovery and use of peer review under West Virginia Code §30-3C-3. In an opinion by Justice Bunn in Toler v. Cornerstone Hospital of Huntington, No. No. 21-0830 (June 15, 2023), the Court held that the trial court correctly ruled that the plaintiff was not entitled to obtain an incident report related to a… Indiana Law Restricts Physician Non-Competes (Both Existing and Future): Questions Employers Are Asking/Should be AskingMay 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… Expansion of HIPAA Privacy Rule for Reproductive Health CareMay 11, 2023 On April 17, 2023, the Department of Health and Human Services (the “Department”) issued a Notice of Proposed Rulemaking (“NPRM”) proposing to expand protections afforded by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule following recent legal events involving reproductive health care.[1] This NPRM aims to strengthen the Privacy Rule protections by prohibiting… Indiana Healthcare Employers Beware—Greater Protections for Physicians are on the HorizonApril 27, 2023 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… With an Extension Likely, Telehealth Seems Here to StayOctober 6, 2022 Telehealth is a growing trend in medicine. From 2019 to 2020, telehealth use increased an eye-popping 3000%, not including Medicaid and Medicare claims. Although the claims have decreased slightly as of 2021, telehealth is clearly here to stay and with it comes new challenges. What is Telehealth? For the purposes of Medicare, “telehealth services” are “professional consultations, office visits,… HIPAA Rules Now Permit Audio-Only TelehealthJune 16, 2022 On June 13, 2022, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced new guidelines clarifying how audio-only telemedicine can comply with the Health Insurance Portability and Accountability Act (HIPAA) Privacy, Security, and Breach Notification Rules (HIPAA Rules).[1] These guidelines were announced in response to Executive Order 14058, issued on… |
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