Health Law MonitorComplianceWest Virginia Health Law 2025 Legislative UpdateMay 8, 2025 West Virginia Health Law 2025 Legislative Update The 2025 Regular Session of the West Virginia Legislature had drama and intrigue as lawmakers considered some high-profile health law legislation. Below is a non-exhaustive recap of legislation related to health matters this session. S.B. 458 – Universal Professional and Occupational Licensing Act of 2025 This bill permits individuals who hold an… Candidate Selection in Deciding to Take a Malpractice Case to Trial – Does Jury Research Hold a Key?April 2, 2025 To try or not to try, that is the question for lawyers and providers in medical malpractice cases. The pendulum in medical malpractice litigation has swung towards mandatory mediation for pre-trial resolution. But this trend begs the question: are we trying enough medical malpractice cases? What is the impact on the state of the law, the amount of settlements, and public opinion if there are not… Doctor’s Orders: New Indiana Bill Pushes to End Physician Non-CompetesMarch 7, 2025 Indiana is one step closer to a landmark change in healthcare employment. On January 28, 2025, the Indiana Senate passed Indiana Senate Bill 475 (“SB 475”), which, if signed into law, would outright ban employers from entering into physician non-competes with any physician after June 30, 2025. While it may seem like SB 475 is a sudden change, it is a natural continuation of the state’s… Time to Check Your Organizational Chart For Dormant Tax-Exempt EntitiesJanuary 13, 2025 Does your company have any dormant tax-exempt entities in your organizational chart? If so, read on. In recent Private Letter Ruling (PLR) 202437007[1], the Internal Revenue Service (IRS) revoked the tax-exempt status of an organization. The organization had qualified as a tax-exempt supporting organization under Section 501(c)(3) and Section 509(a)(3) of the Internal Revenue Code (Code), and… CCPA in Professional Liability ClaimsAugust 21, 2024 In an effort to get around the American Rule of no recovery for attorney fees on negligence claims, an avenue sometimes explored is the addition of a claim under the Colorado Consumer Protection Act, C.R.S. §6-1-101 et seq. The Act provides for recovery of attorney fees by a successful plaintiff (but not a successful defense unless the claim is frivolous), and treble damages. C.R.S. §6-1-113(2).… We Won’t See You in Court: HHS Releases 340B ADR Final RuleApril 25, 2024 On April 19, 2024, the Health Resources and Services Administration (HRSA) and the U.S. Department of Health and Human Services (HHS) issued a final rule pertaining to the administrative dispute resolution (ADR) process for certain disputes arising under the 340B Drug Pricing Program (the “340B Program”).[1] The 340B Program derives from Section 340B of the Public Health Service Act (PHSA),[2]… HHS Releases Final Rule on Substance Use Disorder Confidentiality RequirementsMarch 1, 2024 The U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights, in coordination with the Substance Abuse and Mental Health Services Administration, recently released a Final Rule which modifies the Confidentiality of Substance Use Disorder (“SUD”) Patient Records regulations located at 42 C.F.R. Part 2 (commonly known as “Part 2”)[1]. The statute upon which Part 2 relies, 42… The Fourth Circuit Rejects Pre-Suit Notice and Screening Requirements in Medical Professional Liability ActionsNovember 28, 2023 West Virginia’s Medical Professional Liability Act (“MPLA”), W. Va. Code § 55-7B-1, et seq., implements tort reform in medical malpractice actions. Pursuant to the MPLA, plaintiffs must serve two documents, a Notice of Claim and Screening Certificate of Merit, on each health care provider they intend to sue at least thirty days prior to filing a medical professional liability action.[1] The… HHS Details Penalties for Certain Actors—But Leaves Providers HangingSeptember 25, 2023 On July 3, 2023, the Office of the Inspector General (OIG) and the U.S. Department of Health and Human Services (HHS) published a final rule implementing information blocking penalties against two types of health care actors—health information networks (HINs)/health information exchanges (HIEs) and developers and offerors of health information technology (HIT).[1] The final rule became effective… Supreme Court Confirms Government’s Discretion to Dismiss Qui Tam False Claim Act LawsuitsJuly 7, 2023 On June 16, 2023, the United States Supreme Court handed down its decision in U.S. ex rel. Polansky v. Executive Health Resources, No. 21-1052. The decision may have a lasting impact on the quickly growing False Claims Act (“FCA”) qui tam litigation throughout the United States. In Polansky, the Supreme Court held that the federal government has the authority to dismiss an FCA suit in which it… With an Extension Likely, Telehealth Seems Here to StayOctober 6, 2022 Telehealth is a growing trend in medicine. From 2019 to 2020, telehealth use increased an eye-popping 3000%, not including Medicaid and Medicare claims. Although the claims have decreased slightly as of 2021, telehealth is clearly here to stay and with it comes new challenges. What is Telehealth? For the purposes of Medicare, “telehealth services” are “professional consultations, office visits,… IMPACT OF LICENSING BOARD COMPLAINTS ON MALPRACTICE CLAIMSAugust 3, 2022 Licensing boards provide consumer protection in the form of regulation, but do not provide compensation. Patients who claim harm from malpractice use the civil court system to seek compensation. Board complaints are sometimes used by claimants to further a malpractice claim. The potential of civil liability is an important consideration when handling a board action, highlighting the need for… |
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