Health Care

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 purposefully narrow in scope, finalizing parts of the July 2021 and October 2021 interim final rules

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” and to “crack down on the ‘Wall Street firms’” allegedly taking over nursing homes.[1] As part of its

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

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-000014 (Adams Superior Court Feb. 1, 2022)). The petitioners/defendants asserted immunity under Ind. Code §§ 34-30-13.5-1 and

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 scrambling to amend their answers in April of 2020 after the Court held that the benefit of the

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. 6612/2016, 2021 WL 6057821 (2d Dept. Dec. 22, 2021). The long-standing privilege shields from disclosure certain materials and statements

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 the Northern District of New York (Case No. 1:21-cv-01384).

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 Treatment Protection Act (EDTPA). Although this is a trial court decision, its analysis will be helpful for

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

Written by: Brittany H. Cone, Esq. and Jordan Johnson, Esq. On June 30, 2020, House Bill 987 was signed into law addressing many of the concerns presented by Atlanta Journal Constitution’s “Unprotected” investigative series regarding Georgia’s Long Term Care industry. Many of the sweeping requirements implemented by this law go into effect beginning July 1,