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 not be subject to discovery, subpoena, or introduction into evidence, in any civil action in any…
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 home residents becoming infected, Massachusetts has proposed sweeping legislation to protect senior citizens and to require…
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 COVID-19 Nursing Facility and Accountability Support document states “[n]ursing facilities account for more than half…
4/17/20
By: Shaun Daugherty, Erin Lamb and Andy Treese As doctors, nurses, respiratory therapists, and other healthcare providers have thrown themselves wholly into the challenge of fighting the coronavirus, some have asked whether they are exposed to new or additional exposure for medical negligence. Governors and state legislators across the country are working to curtail such…
Nursing Homes at Highest Risk, States Respond
4/1/20
By: Shaun M. Daugherty States across the country are taking every measure possible to fight the spreading deadly COVID-19. One of the most at-risk groups are the elderly, especially those with lengthy lists of other health problems. In those instances where people reside in close quarters with attendants and staff constantly moving between rooms, it…
Federal Government Issues New CMS Guidance To Protect Nursing Home Residents From COVID-19
3/30/20
By: Kevin G. Kenneally, Michael P. Giunta and William E. Gildea Nursing home and skilled nursing facilities have been particularly hard hit by the COVID-19 virus. The resident populations are uniquely vulnerable and outbreaks in facilities nationwide have sparked actions to protect elderly and disabled residents. The Centers for Medicare & Medicaid Services (“CMS”) provided…
HHS Waives Some HIPAA Sanctions During the Coronavirus Pandemic
3/20/20
By: David Cole The HHS Office for Civil Rights (OCR) issued two important bulletins this week in response to the coronavirus pandemic. Each one announced that OCR will temporarily waive certain sanctions and penalties for noncompliance with HIPAA Rules to help deliver care to people in need. Limited Waiver for Privacy Rule Requirements First, OCR issued…
U.S. Department of Labor Issues COVID-19 Guidance on FLSA and FMLA
3/20/20
By: Catherine Scott As the federal government continues to grapple with questions from employers regarding COVID-19, the federal agencies have begun to roll out new guidance. The latest comes from the U.S. Department of Labor (DOL), which has issued guidance for employers seeking answers concerning their obligations pursuant to the Fair Labor Standards Act (FLSA)…
What Rhode Island Employers Should Know About COVID-19
3/19/20
By: Jennifer Markowski and Catherine Scott Governor Gina Raimondo has declared a state of emergency in the state of Rhode Island and implemented certain measures, such as the closing of public schools through April 3, that have a direct effect on Rhode Island employers. The Rhode Island Department of Labor and Training (RIDLT) continues to…
3/19/20
By: Tia J. Combs Many schools across the county have closed or are operating virtually due to the COVID-19 outbreak. On March 12, 2020, the US Department of Education released two documents with new guidance for schools and educators faced these unprecedented problems. First, the Student Privacy Policy Office released its FERPA & Coronavirus Disease…
COVID-19: What Medical Inquiries Can Employers Make?
3/16/20
By: Jennifer Markowski Last week, Brad Adler, addressed FAQ’s (and Answers) for Employers Dealing with the Coronavirus, COVID-19. Subsequent to that article, on March 11, 2020, the World Health Organization (“WHO”) declared COVID-19 a pandemic. Consequently, employers should follow the Equal Employment Opportunity Commission’s (“EEOC”) pandemic guidance “Pandemic Preparedness in the Workplace and the ADA,”…
Some Potential Certainty in an Outcome in an Uncertain Medical Malpractice World
7/12/19
By: Shaun Daugherty Medical malpractice claims can be dangerous in front of a jury and some recent Georgia verdicts are proof of that. In Georgia, as many other states, medical doctors typically have consent clauses in their professional liability policies that require their consent before any payment may be offered by the insurance company. In…