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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...

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...

Coronavirus Litigation, Health Care Blog, news / 22.03.2021

In an article published in Physicians Practice on March 22, 2021 Partner James “JJ” Maskowitz discusses pandemic litigation for skilled care and assisted living facilities in 2021 and tips to mitigate risk. “Physicians have had to become more agile and nimble than ever in providing care to patients during the COVID-19 pandemic,” Maskowitz writes. “As we look to a post-COVID era, now is a good time...

Health Care Blog, news / 17.03.2021

In an article published in Annals of Long-Term Care on March 17, 2021 Partner James “JJ” Maskowitz discusses the importance of proper documentation for long-term care providers. “The swiftness of the global spread of the novel coronavirus caught many public health professionals and government leaders off guard and made for a chaotic and reactive situation that underscored the importance of developing, implementing and frequently updating policies...

Coronavirus Litigation, Health Care Blog / 15.04.2021

Written by: Jeffrey T. Wolber, Esq. With the repeal of the Emergency or Disaster Treatment Protection Act (EDTPA) by A.03397/S.5177, the New York legislature has effectively terminated its civil immunity for health care professionals against claims involving COVID-19. Because this repeal does not have retroactive effect, there are three main types of immunity left behind that health care professionals and entities should be aware of. These immunities...