Opioid Overdose Deaths Surge During COVID-19 Pandemic, Alarming Health Officials
The number of Americans dying from opioid overdoses surged dramatically in 2020 while the coronavirus pandemic was raging, causing alarm among public health officials and setting the stage for an increase in opioid litigation. More than 81,000 d
CMS Releases New Podcast Series for Frontline Staff of Nursing Homes to Prevent Spread of COVID-19
Written by: Alex Battey, Esq. and Laura Hall Cartner, Esq. In early 2019, The Centers for Medicare and Medicaid Services created a podcast entitled “CMS Beyond the Policy,” describing podcasts as a “modern, user-friendly” method of keepi
CMS Issues “Holiday Leave Recommendations Letter” for Nursing Homes, Residents, Resident Family Members, and Staff
Written by: Laura Hall Cartner, Esq. and Kathleen Wilkinson, Esq. This year, the holiday season certainly looks a little different in light of the ongoing COVID-19 pandemic. With varying limitations on visitation since March, this year will host
New Changes to Stark Law and Anti-Kickback Statutes
Written by: Jordan Johnson, Esq. and Leanne Livingston, Esq. The Centers for Medicare & Medicaid Services (CMS) and the Department of Health and Human Services (HHS) Office of Inspector General (OIG) recently revised the federal self-referra
Georgia Apportionment Increase: Employer Negligence to be Added to Verdict Forms
Written by: Glenn E. Jones, Esq. Georgia employers, especially those who hire and employ drivers, have an additional conduit of risk and scrutiny based on a new ruling by the Georgia Supreme Court. Georgia juries may find an employer negligent b
Texas District Court Rules That Providers Must Exhaust Patient’s Administrative Remedies to Preserve ERISA Standing
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...
Estate Planning And The 2020 Election: Ten Planning Considerations
Written by: Wills, Trusts, & Estate Administration Apologies for the longer than usual article…. The 2020 presidential election is in the books. (Or is it)? Whether it is or isn’t, let’s look at some important planning consideratio
Major Health Insurer Forced to Amend Claim Processing Guidelines Due to Violation of Fiduciary Duties Under ERISA
The Northern District of California recently handed down remedies against United Behavioral Health (“UBH”), a subsidiary of UnitedHealth Group, related to violations of its fiduciary duties owed to its insureds...
Turkey Places Data Localization Requirement on Social Network Providers
Written by: Brett Lawrence, Esq. Last December, we discussed India’s proposed Personal Data Protection Bill and the implications of its data localization requirement. It appears Turkey has now promulgated a similar requirement. Overview O
European Lawsuit Accuses Uber of “Robo-Firing” Drivers
Written by: Richard Sheinis, Esq. A lawsuit has been filed with a court in the Netherlands challenging Uber’s alleged practice of using automated systems to identify fraudulent activity and terminate drivers based on that process, also kn