Health Law MonitorTime to Check Your Organizational Chart For Dormant Tax-Exempt EntitiesJanuary 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… Beware: Compliance Deadline for HIPAA Reproductive Health Care Rule Fast ApproachesOctober 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… CCPA in Professional Liability ClaimsAugust 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).… West Virginia Health Law 2024 Legislative UpdateMay 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… We Won’t See You in Court: HHS Releases 340B ADR Final RuleApril 25, 2024 On April 19, 2024, the Health Resources and Services Administration (HRSA) and the U.S. Department of Health and Human Services (HHS) issued a final rule pertaining to the administrative dispute resolution (ADR) process for certain disputes arising under the 340B Drug Pricing Program (the “340B Program”).[1] The 340B Program derives from Section 340B of the Public Health Service Act (PHSA),[2]… Health Care Providers are Protected Against Double Recovery by Plaintiffs Because W. Va. Code § 55-7B-9 (b) Requires Reduction of Jury Verdicts by the Amount of any Pretrial SettlementsMarch 15, 2024 Hot off the presses yesterday (3/14/2024) is Cummings v. Paine where the Intermediate Court of Appeals (ICA) affirmed that jury verdicts against health care providers must be reduced by the amount of any pretrial settlements. In Cummings, after the jury awarded $250,000 against a doctor and physician’s assistant, the circuit court adjusted the verdict by the percentage of fault assessed against… HHS Releases Final Rule on Substance Use Disorder Confidentiality RequirementsMarch 1, 2024 The U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights, in coordination with the Substance Abuse and Mental Health Services Administration, recently released a Final Rule which modifies the Confidentiality of Substance Use Disorder (“SUD”) Patient Records regulations located at 42 C.F.R. Part 2 (commonly known as “Part 2”)[1]. The statute upon which Part 2 relies, 42… New 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… |
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