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Written by: Brittany H. Cone, Esq. and Jordan Johnson, Esq. On February 26, 2021, Georgia Governor Brian Kemp extended the state Public Health State of Emergency (Executive Order 02.26.21.01) due to COVID-19 through April 6, 2021. Governor Kemp also extended the guidance for Empowering a Healthy Georgia in response to COVID-19 from March 1 to March 15 with several changes (Executive Order 02.26.21.02). One such change includes revisions to

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

Written by: Brittany H. Cone, Esq. and Jordan Johnson, Esq. Health IT company Athenahealth, a major developer and vendor of electronic health record (EHR) services, agreed to pay over $18 million to settle federal False Claims Act allegations related to purported kickbacks from 2014 to 2020, per a press release from the Department of Justice (DOJ). Specifically, the DOJ alleged that Athenahealth utilized three marketing programs to pay

ATLANTA – February 3, 2021 – Hall Booth Smith, P.C. (HBS) has named three new partners as the firm elevates leaders and recognizes their outstanding service to clients. Joining the firm’s partnership ranks are Danielle S. Blauvelt in Nashville, Elizabeth F. Morrison  in Charleston and Mariel E. Smith in Columbus. Danielle S. Blauvelt specializes in the defense of a wide range of health care liability matters, including wrongful death and

MEMPHIS AND NASHVILLE, TN – January 27, 2021 – Hall Booth Smith, P.C. is pleased to welcome two new associate attorneys in Tennessee as its offices in Memphis and Nashville expand. Jared Davenport is based in Memphis, and he defends clients in a wide variety of litigation related to medical malpractice, health care, professional malpractice and ethics, aging services, and liability matters. Earlier in his career, Davenport worked at the

JACKSONVILLE, NORTH PALM BEACH and TAMPA, FL – Jan. 20, 2021 – Hall Booth Smith, P.C. (HBS) welcomes three new attorneys at its offices in Florida as the firm expands to serve client needs in the Sunshine State and beyond. William T. Viergever is Of Counsel in North Palm Beach, and he brings more than two decades of litigation experience concentrated in medical malpractice, construction, premises liability and general

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: Brittany H. Cone, Esq and Jordan Johnson, Esq. The U.S. Department of Health and Human Services (HHS) recently published proposed modifications to the HIPAA privacy rule, which, if finalized, would significantly impact Covered Entities’ responses to records requests. These proposed changes include: Strengthening an individual’s right to inspect their Protected Health Information (PHI) in person, including allowing the individual to take notes or use other personal resources