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Written by: Brittany H. Cone, Esq., Jordan Johnson, Esq., and Baylee A. Culverhouse, Esq. On March 1, 2022, President Joe Biden delivered his first State of the Union address—announcing plans "to set higher standards for nursing homes" and to “crack down on the ‘Wall Street firms’" allegedly taking over nursing homes.[1] As part of its reasoning for the crackdown, the Biden-Harris Administration asserts that the COVID-19 pandemic "highlighted the

In a McKnight’s Long-Term Care News article, Atlanta-based Partner Jacquelyn Smith Clarke offers advice on how to maintain documentation amidst rapidly changing guidance from federal and state regulators. Whether to prepare for a surveyor, draft an appeal or defend a potential lawsuit, Clarke said a well-maintained library of resources is important and can help guard against future challenges. “If an infection-related complaint or issue arises and you have contemporaneous

Written by: Jeffrey T. Wolber, Esq. On February 1, 2022, Judge Samuel K. Conrad of the Superior Court of Adams County, Indiana, granted summary judgment on behalf of a hospital and EMS entity. (Anonymous Hospital v. Peterson, No. 01D01-2107-CT-000014 (Adams Superior Court Feb. 1, 2022)). The petitioners/defendants asserted immunity under Ind. Code §§ 34-30-13.5-1 and 34-30-13.5-2. (They did not assert immunity under the federal PREP Act.) The case involved a

In an article in Healthcare Risk Management, Drew Graham, a Partner and leader of Hall Booth Smith’s Aging Services Practice, explains how a decision from the 3rd Circuit U.S. Court of Appeals holding that nursing homes were not protected by the 2005 Public Readiness and Emergency Preparedness (PREP) Act in the way they thought, may result in long-term care facilities being subject to far more COVID-19 claims than

In a New York Law Journal article evaluating the application of the Public Readiness and Emergency Preparedness Act (PREP) to claims of healthcare provider liability related to medical countermeasures against the COVID-19 pandemic, Drew Graham and Teresa Tomlinson, Partners at Hall Booth Smith, explain why the PREP Act may finally get the review it is due following the remanding by district courts of more than 100 cases claiming

Written by: Jeffery T. Wolber, Esq. Judge Bartlett of Orange County Supreme Court granted a partial motion to dismiss under §3211(a)(7) (failure to state a claim) based on the civil immunity provided by New York’s Emergency or Disaster Treatment Protection Act (EDTPA). Although this is a trial court decision, its analysis will be helpful for any healthcare defendant seeking to assert the EDTPA as a defense to a negligence

Written by: Jacqueline Voronov, Esq. And the legal challenges to President Biden's vaccine mandate keep on coming… Missouri, Iowa and a coalition of eight (8) other states have filed a lawsuit against President Joe Biden and key administration officials over the CMS requirement that health care workers must be vaccinated against COVID-19 as a condition of doing business with Medicare or Medicaid. The nearly 60-page complaint, which can be found

Founding Partner John E. Hall Jr. was interviewed on the Inside Medical Malpractice podcast on November 13, 2021, in which he discussed how inflated malpractice verdicts could result in healthcare crisis and offers his solution for change. He also provides tips to healthcare providers to mitigate risk in post-COVID-19 litigation and he addresses how practicing law has changed with the onset of the pandemic. Listen to the episode

In a Modern Healthcare article, New Jersey-based Partner and Co-Chair of Hall Booth Smith’s Labor and Employment Practice Jeffrey M. Daitz explains the factors impacting employment negotiations between hospital systems and their workers. These tensions, which have been made worse by the uncertainties introduced by the COVID-19 pandemic, produce financial hardships for both sides. Daitz explained in an interview the impact of prolonged strikes to providers and unionized

In a Law360 article published on November 12, Columbus-Based Partner Teresa Tomlinson commented on whether the Public Readiness and Emergency Preparedness (PREP) Act should apply in wrongful death lawsuits against nursing homes following the 3rd U.S. Circuit Court of Appeals’ decision to allow two cases against nursing home facilities to proceed in state courts. Tomlinson argues that the PREP Act did apply in such cases: “Amid the pandemic, the