Executive Order 14070: Implications on Skilled Nursing Facilities & the Impending Staffing Mandate
Written by: Jordan Johnson, Esq. & Anamayan Narendran, Esq. Background On April 18, 2023, President Biden signed Executive Order 14070 that included several directives purportedly aimed at bolstering Americans’ access to long-term care and
Medicaid Unwinding: 4 Steps Nursing Facilities Should Take as the Public Health Emergency Ends
Written by: Brittany H. Cone, Esq.; Jordan Johnson, Esq.; Anna Stallings, Esq.; and Alexis McCoy, Medicaid Recovery Specialist. Introduction At the onset of the COVID-19 pandemic, Congress passed the Families First Coronavirus Response Act (FFCR
2023 Florida Tort Reform
Written by: Shylie A. Bannon, Esq. | Print Blog Florida Governor Ron DeSantis recently signed significant tort reform legislation into law after House Bill 837 passed through the House and its companion bill was passed in the Senate. This is the
No Surprises Act Final Rules Issued Related to Federal IDR Process
Written by: S. David McLean, Jr. On August 26, 2022, the long-awaited Requirements Related to Surprise Billing: Final Rules (the “Final Rules”) were published in the Federal Register (87 Fed. Reg. 52618). The No Surprises Act Final Rules are
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
Texas Court Vacates Provisions of the No Surprises Act Interim Final Rule
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 Dist
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
Moving Target: Target Statutory Cap on Punitive Damages No Longer Required To Be Plead As An Affirmative Defense
Written by: Lindsay A. Nishan, Esq. and Lauren Spears Gresh, Esq. As attorneys and adjusters participating in litigation in the State may recall, South Carolina Court of Appeals decision Garrison v. Target Corporation sent many defense counsel
Siegel – Is the QA Privilege Eroding?
Written by: Joshua T. Reece, Esq. Edited by: Nicole A. Callahan, Esq. At the end of 2021, the Appellate Division, Second Department revisited disclosure and New York’s Quality Assurance (“QA”) privilege in Siegel v. Snyder, No.
Nursing Homes Challenge New York’s Profit Cap as Unconstitutional
Written by: Jeffrey T. Wolber, Esq. Edited by: Nicole A. Callahan, Esq. A group of over 200 nursing homes are challenging a New York law that sets a cap on their profits. The lawsuit was filed on December 29, 2021 in the U.S. District Court for