Health Law MonitorHealth ReformCCPA 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]… Health Care Providers are Protected Against Double Recovery by Plaintiffs Because W. Va. Code § 55-7B-9 (b) Requires Reduction of Jury Verdicts by the Amount of any Pretrial SettlementsMarch 15, 2024 Hot off the presses yesterday (3/14/2024) is Cummings v. Paine where the Intermediate Court of Appeals (ICA) affirmed that jury verdicts against health care providers must be reduced by the amount of any pretrial settlements. In Cummings, after the jury awarded $250,000 against a doctor and physician’s assistant, the circuit court adjusted the verdict by the percentage of fault assessed against… 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… New Year, New Code List – But Same Stark LawFebruary 6, 2024 New Year’s Resolutions are often quickly abandoned as the warm glow and hopeful aura of the holidays are snuffed out by winter’s more frigid days. At least one recent survey claims that people give up on those optimistic goals around 3.74 months into the new year.[1] While Jack Frost may sweep away certain resolutions, those in the health care industry should hold fast to at least one goal… Why Pledger’s Rejection of the MPLA's Notice of Claim and Certificate of Merit Requirements Matter to Healthcare ProvidersJanuary 30, 2024 In a recent post,[i] we highlighted the Fourth Circuit’s decision in Pledger v. Lynch, 5 F.4th 511, 520 (4th Cir. 2021). There, the Fourth Circuit held that the notice and certification requirements[ii] of West Virginia’s Medical Professional Liability Act (“MPLA”) are incompatible with the Federal Rules of Civil Procedure and therefore do not apply in federal court. Pledger’s holding sets 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… Colorado Physician Assistants No Longer Require Physician SupervisionAugust 8, 2023 Effective August 7, 2023, physician assistants in Colorado will no longer be required to practice under the supervision of a physician. SB 083 allows most physician assistants to now practice collaboratively with a physician rather than under a supervisory agreement. The collaborative agreement must include:
Indiana Doctor Sues Hospital to Block Physician Non-Compete Under New Indiana LawAugust 2, 2023 On July 1, 2023, the new law restricting physician non-compete agreements went into effect in Indiana. Four days later, the first case relying on these new provisions was filed in Allen County Superior Court, David Lankford, D.O. v. Lutheran Medical Group, LLC, 02D02-2307-PL-000261. In Dr. Lankford’s complaint, he alleges that the Hospital materially breached the terms of his employment agreement… 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… Expansion of HIPAA Privacy Rule for Reproductive Health CareMay 11, 2023 On April 17, 2023, the Department of Health and Human Services (the “Department”) issued a Notice of Proposed Rulemaking (“NPRM”) proposing to expand protections afforded by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule following recent legal events involving reproductive health care.[1] This NPRM aims to strengthen the Privacy Rule protections by prohibiting… West Virginia Health Law 2023 Legislative UpdateApril 21, 2023 West Virginia Health Law 2023 Legislative Update The 2023 Regular Session of the West Virginia Legislature was not short on headlines, and bills impacting the health care industry often took center stage. During the last week of March 2023, all completed legislation that the governor had not already signed became law. This occurred via a West Virginia constitutional provision that automatically… |
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