Biden-Harris Administration’s Plans to Crack Down on Nursing Homes Indicate Upcoming Uptick in Survey Activity
On March 1, 2022, President Joe Biden delivered his first State of the Union address—announcing plans “to set higher standards for nursing homes” and to “crack down on the ‘Wall Street firms’” allegedly taking over nursing homes...
Texas Court Vacates Provisions of the No Surprises Act Interim Final Rule
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.
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
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