Biden-Harris Administration’s Plans to Crack Down on Nursing Homes Indicate Upcoming Uptick in Survey Activity
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
Indiana’s Adams County Superior Court Dismisses Malpractice Claim for Treatment of COVID-19 under State Immunity Statute
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-0
Orange County Supreme Court Dismisses Claims of Nursing Home Negligence related to Pressure Ulcers and Fungal Dermatitis without Prejudice under the EDTPA in Crampton v. Garnet Health
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 Treatm
Ten States Sue To Stop The Cms Vaccine Mandate For Healthcare Workers
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 admi
Third Circuit Court of Appeals Renders Jurisdictional Opinion on PREP Act in COVID-19 Case Involving Nursing Home
Written by: Sandra Mekita Cianflone, Esq. On October 20, 2021, the Third Circuit Court of Appeals issued their ruling in Maglioli v. Alliance HC Holdings LLC, Nos. 20-2833, relative to federal jurisdiction under the PREP Act. Maglioli is one of
Hospital and Healthcare Associations File Amicus Brief in COVID Nursing Home Suit
Written by: Eve Soldatos, Esq. and Kyle A. Schiedo, Esq. Edited by: Nicole A. Callahan, Esq. On June 5, 2020, plaintiff Vivian Rivera-Zayas brought an action in Kings County Supreme Court against Long Island nursing home Our Lady of Consolation
Texas Enacts Law Providing COVID-19 Civil Immunity to Physicians, Health Care Providers, and First Responders
Author: Eve Soldatos, Esq. On June 14, 2021, Governor Abbott signed Senate Bill 6 into law, amending the Civil Practice and Remedies Code by adding Section 74.155. The new section, 74.155(b) states that except in cases of reckless conduct or in
Texas Enacts Law Providing COVID-19 Civil Immunity to Physicians, Health Care Providers, and First Responders
Written by: Eve Soldatos, Esq. On June 14, 2021, Governor Abbott signed Senate Bill 6 into law, amending the Civil Practice and Remedies Code by adding Section 74.155. The new section, 74.155(b) states that except in cases of reckless conduct or
Suicide Underscores Need for Mental Health Care in Correctional Facilities
Written by: Beth Boone, Esq. Death by suicide behind bars is a serious challenge in correctional health care, and there is a greater focus on expanding mental health services and prevention programs to reduce fatalities. Corrections officers, fa
The U.S. Imposes Travel Restrictions on India
Compiled by: Ashik R. Jahan, Esq. Source: https://www.reuters.com/world/us/exclusive-biden-set-ban-most-travel-us-india-limit-covid-19-spread-2021-04-30/ Due to the COVID-19 epidemic, particularly “the magnitude and scope” of the s