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Written by: Sandra Mekita Cianflone, Esq. You are entitled to PREP Act Immunity when: You are a "Covered Person," because you are a licensed medical provider or a facility/practice; You are engaging in a "recommended activity," because you are administering an FDA-approved COVID-19 vaccine; The alleged injury is causally related to the administration of the COVID-19 vaccine; and The COVID-19 vaccine is administered in accordance with the public health

Written by: Sandra Mekita Cianflone, Esq. On February 10, 2021 Montana Governor Greg Gianforte signed Senate Bill 65 which revises some Montana Civil Liability Laws surrounding COVID-19. This law is effective from February 10, 2021 through January 1, 2031. The rationale in passing this bill is to improve Montana's economy and encourage people to engage in private sector activities. Immunity The new law provides immunity from liability for any injury or

Written by: Sandra Mekita Cianflone, Esq. and Laura Hall Cartner, Esq. On February 10, 2021, James V. Selna in the Central District of California denied Plaintiffs' Motion to Remand and granted Defendants' Motion to Dismiss in Garcia v. Welltower OpCo Group LLC, et al. He found that the PREP Act applied to Defendants and completely preempted Plaintiffs' claims. Briefly, by way of background, Plaintiff was a resident at Defendants' facility

Elderly people are facing a confluence of health crises right now: COVID-19 and opioid misuse. Seniors are already the most heavily impacted population for COVID-19 hospitalizations and death rates, and a concurrent acceleration of opioid misuse places additional stress on vulnerable seniors. In 2018, Medicare recipients were given an average of 5 opioid prescriptions and more than 350,000 of them were dosed higher than the equivalent of 90 mg of

The COVID-19 pandemic continues to cause countless disruptions to everyday life, including resolution of one of the largest civil cases in U.S. history — the landmark opioid litigation. Tens of billions of dollars are at stake as more than 3,000 cities, towns, municipalities and Native American tribes seek a settlement in trials against some of the largest drug manufacturers, distributors and pharmacists over their alleged roles in excessive opioid

Written by: Brittany H. Cone, Esq. and Teresa Westmoreland As 2021 quickly approaches, the updated financial limitations for Nursing Home Medicaid and increases to Medicare costs have been released. While the new limits have been released, the Public Health Emergency (“PHE”) remains in effect until January 20, 2021. If you have any questions about how the PHE is currently impacting the Medicaid application process, please review our previous blog

Written by: Alex Battey, Esq. and Paige Nettles, Esq. On Tuesday, December 1, 2020 the independent Advisory Committee on Immunization Practices (ACIP), a panel advising the Centers for Disease Control and Prevision on the implementation of COVID-19 vaccinations, voted 13-1 in favor of giving priority to healthcare workers and long-term care facilities for the vaccine.  If the panel’s recommendations to the CDC are followed, health workers and residents

The number of Americans dying from opioid overdoses surged dramatically in 2020 while the coronavirus pandemic was raging, causing alarm among public health officials and setting the stage for an increase in opioid litigation. More than 81,000 drug overdose deaths occurred in the 12 months ended May 2020, according to provisional data from the U.S. Centers for Disease Control and Prevention (CDC). That’s the highest figure ever recorded for a

Written by: Alex Battey, Esq. and Laura Hall Cartner, Esq. In early 2019, The Centers for Medicare and Medicaid Services created a podcast entitled “CMS Beyond the Policy,” describing podcasts as a “modern, user-friendly” method of keeping their audience informed about Agency developments. Past episodes are available on iTunes and at https://www.cms.gov/podcast. Some past topics include Evaluation and Management Coding, Health Care Price Transparency, and Strengthening Oversight. On November 19,

Written by: Laura Hall Cartner, Esq. and Kathleen Wilkinson, Esq. This year, the holiday season certainly looks a little different in light of the ongoing COVID-19 pandemic. With varying limitations on visitation since March, this year will host a particularly unique holiday season for our nations nursing homes, caregivers, residents and their families. On November 18, 2020, the Centers for Medicare and Medicaid Services issued a "Holiday Leave Recommendations Letter"