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Health Care Blog, news / 15.03.2021

In an article published by Part B News, Partner Lisa Munoz is quoted discussing the implications of new Office of the National Coordinator for Health IT (ONC) regulations regarding the protection of patient data. While some HIPAA flexibilities have been enacted in response to COVID-19, HIPAA security and privacy rules still require that patients’ protected health information (PHI) remains safe from unauthorized viewing. The new ONC rule,...

Coronavirus Litigation, Health Care Blog / 15.03.2021

Written by: Jacquelyn S. Clarke and Michael V. Profit On March 2, 2021, President Biden announced an expansion to the existing protocols governing rollout of the COVID-19 vaccine, through which a goal newly prioritized by the federal government was announced: provide first-shot vaccination, by the end of March 2021, of pre-K through twelfth grade educators, school staff, and childcare workers, nationwide.[1] Helping to facilitate this expansion...

Coronavirus Litigation, Health Care Blog / 21.12.2020

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...

Catastrophic Injury Litigation, Health Care Blog, news / 20.01.2022

In the 2022 edition of the North Carolina Super Lawyers magazine, the law firm of Hall Booth Smith, P.C. (HBS) has been recognized for its outstanding legal work as two of its Partners have been named on the list of Super Lawyers and Rising Stars. Isaac Northup has been selected to the Super Lawyers list and Adam Peoples has been selected to the Rising Stars...

Coronavirus Litigation, Health Care Blog / 21.10.2021

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 the first COVID-19 nursing home cases filed in 2020. The estates claim negligence and wrongful death for failing to protect the residents against COVID-19. In affirming the...

Health Care Blog, news / 07.12.2021

In a Part B News story on what physician practices can expect at the enaction of the No Surprises Act on January 1, 2021, which seeks to eliminate surprise billing for healthcare services without prior consent or knowledge by the patient, Atlanta-based Partner David McLean explains what providers can do to prepare: “Providers should familiarize themselves not only with the federal No Surprises Act requirements,...

Coronavirus Litigation, Health Care Blog / 02.10.2020

Written by: Brittany H. Cone, Esq. and Jordan Johnson, Esq. In May 2018, Georgia passed the Georgia Long-term Care Background Check Program, which required fingerprint criminal background checks of applicants for employment and direct access employees at assisted living communities, nursing homes, personal care homes, and other long term care facilities. Prior to this, owners and directors were required to submit fingerprint background checks as a...

Health Care Blog / 18.11.2020

Written by: Brittany H. Cone, Esq. and Jordan Johnson, Esq. In Mission Toxicology, LLC v. UnitedHealthcare Insurance Company, the Western District of Texas ruled against several lab companies seeking enforcement of the right to payment under ERISA for lab services provided at certain Texas hospitals. In this case, a third-party biller, contracted with the hospital, submitted the lab service claims and appealed denials using the...

Health Care Blog / 02.03.2022

Written by: S. David McLean, Jr., Esq., Brittany H. Cone, Esq., Jordan Johnson, Esq., and Baylee A. Culverhouse, Esq. On February 23, 2022, United States District Judge Jeremy D. Kernodle of the United States District Court for the Eastern District of Texas, Tyler Division, entered his Memorandum Opinion and Order in Texas Medical Association and Adam Corley v. United States Department of Health and Human Services, et...