Business Associate Agreements: What You Need to Know
6/23/23
By: Michael Griffin and Alexandra Held
Business associate agreements are essential to ensure compliance with the Health Insurance Portability and Accountability Act (HIPAA), the federal law establishing national standards to protect the privacy and security of protected health information (PHI). …
The End is Near: The Official End of the Pandemic Means Return to Normal for Regulatory Enforcement of Stark Law and Anti-Kickback Statute
5/16/23
By LaShay Byrd and Kyle Virgin
The COVID-19 Public Health Emergency (PHE) is set to officially end on May 11, 2023 and with it several extraordinary regulatory flexibilities will end as well. In the early days of COVID-19, the Department …
A de novo Look at the FDA’s de novo Classification Process and Preemption
5/11/23
By Kevin M. Ringel and Kevin G. Kenneally
A recent federal court decision, Desch v. Merz North America, Inc. & Ulthera Inc., No. 22-cv-02688 (HG), 2023 WL 2734671 (E.D.N.Y Mar. 31, 2023), highlights an untested area of medical device …
Business and Legal Considerations for Nursing Homes: Bill of Rights, Fee-Shifting, and Damage Caps for Assisted Living/Long-Term Care Facilities Within FMG’s National Footprint
3/13/23
By Lisa R. House, Paul-Michael La Fayette, and Kevin Ringel
Assisted living and long-term care facilities doing business or expanding into FMG’s national footprint should be aware of differences in state law that directly impact litigation involving their …
The end of the Covid-19 public health emergency: impacts for hospitals, healthcare providers, and telehealth
3/2/23
By: Kevin Ringel and Lisa House
On January 30, 2023, the Biden Administration announced that the Covid-19 public health emergency will end on May 11, 2023. The public health emergency has been in effect since the start of the pandemic …
New York’s 175-Year-Old Wrongful Death Statute Lives on
2/2/23
By Lisa R. House and Josh Ferguson
New York Governor Kathy Hochul vetoed the Grieving Families Act this week. The bill expanded who could recover for the wrongful death of a family member, the type of damages that could be …
For the first time in more than two decades, Pennsylvania enacts new facility regulations for long-term nursing care.
11/7/22
By: Patrick Cosgrove and Heather McFeeley
Pennsylvania took steps to address its increasing aging population as it enacted new major nursing home regulations for the first time since 1997. At present, approximately 72,000 Pennsylvanians reside in the 682 long-term care …
Outbreak!: Why insurance claims professionals should pay attention to Monkeypox
9/22/22
By: Glenn Klinger
Monkeypox was declared a national public health emergency by the U.S. Department of Health and Human Services on August 4, 2022, only the fifth time this has happened since 2009. As of September 20, 2022, the Centers …
Down It Goes! Illinois Prejudgment Interest Struck Down – What To Do Now
5/31/22
By: Jonathan Schwartz and Patrick Eckler
Judge Marcia Maras of the Circuit Court of Cook County struck down as violative of the Illinois state constitution, PA 102-0006, which permits prejudgment interest in personal injury and wrongful death cases. This ruling …
Supreme Court of Kentucky Defines Scope of Amended Peer Review Statute for Many Healthcare Entities
6/22/21
By: Kyle Virgin
The discoverability of peer review information in healthcare litigation is a hot-button issue across the country and Kentucky is no different. In 2018, the Kentucky General Assembly amended KRS 311.377 to state that peer review information “shall …
Potential New Reporting Requirements for Long-Term Care Facilities in the Commonwealth in Response to COVID-19
5/14/20
By: Janet Barringer, William Gildea and Kevin Kenneally
In the wake of alarming reports from other states that nursing homes were forced to accept known COVID-19 positive residents, a policy which may have caused the spike in healthy nursing …
Massachusetts: Relief Funds For Nursing Home & Other Long-term Care Facilities Fighting COVID-19
4/27/20
By: Janet Barringer and William Gildea
Massachusetts Governor Charlie Baker announced on April 27, 2020 the Commonwealth will allocate $130 Million to nursing homes and other long-term care facilities in Massachusetts to assist in the ongoing battle against COVID-19. The …