Health Law Monitor

Indiana Healthcare Employers Beware—Greater Protections for Physicians are on the Horizon

April 27, 2023

The Indiana General Assembly passed Senate Bill (SB) 7 on April 24, 2023, and it now heads to Governor Holcomb’s desk for signature. If signed into law, SB 7 would (i) ban noncompete agreements between a primary care physician and employer, (ii) render a noncompete agreement unenforceable upon certain events and (iii) specify a process by which a physician or employer may pursue mediation to…

With an Extension Likely, Telehealth Seems Here to Stay

October 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,…

HIPAA Rules Now Permit Audio-Only Telehealth

June 16, 2022

On June 13, 2022, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced new guidelines clarifying how audio-only telemedicine can comply with the Health Insurance Portability and Accountability Act (HIPAA) Privacy, Security, and Breach Notification Rules (HIPAA Rules).[1] These guidelines were announced in response to Executive Order 14058, issued on…

Creating Cultural Responsiveness in the Colorado Healthcare Network

May 6, 2022

Beginning January 1, 2023, the Colorado Option Plan will go into effect. Under the Colorado Option Plan, private insurers will be required to offer a standardized insurance plan that offers certain health care services and dictates the services that insureds could receive without paying towards the deductible to the counties in which insurers already sell plans to the individual and small group…

West Virginia Board of Medicine Investigators May Now Be Carrying Concealed Firearms

April 27, 2022

In its most recent legislative session, the West Virginia Legislature passed a law, which was subsequently signed by Governor Justice, that will allow investigators with the West Virginia Board of Medicine to carry a concealed firearm.[1]  This is a new law that will create a new statutory section in the West Virginia Medical Practice Act, which is codified at W. Va. Code 30-3-1, et seq.  According…

"Play Ball" - The No Surprises Act Update: Fourth Installment

January 19, 2022

Congress enacted the No Surprises Act (the “Act”) to protect patients against “surprise bills,” while at the same time respecting a provider’s ability to receive remuneration for services rendered. To accomplish this, the Act creates an independent dispute resolution process (“IDR”), whereby the provider and insurance plan negotiate charges for an item or service in a manner similar to major…

Telemedicine: Prescribing Limitations

November 29, 2021

The West Virginia Medical Practice Act’s section regarding telemedicine provides some limitations on a physician’s ability to prescribe Schedule II controlled substances.  A physician practicing telemedicine in West Virginia may not solely use telemedicine technologies to prescribe a patient controlled substances listed in Schedule II of the Uniform Controlled Substances Act.¹  However, the…

Hospital Policies and the Standard of Care - Perspective from the Trenches

November 10, 2021

When pursuing any substantial medical malpractice litigation plaintiff’s counsel will always look for a way to include a hospital or other healthcare entity as a defendant. Hospital organizations are viewed as having a “deep pocket” and also provide a less sympathetic target than individual practitioners. In crafting a claim, plaintiff’s counsel will look for hospital policies or protocols that…

"Play Ball" - The No Surprises Act Update: Third Installment

October 27, 2021

Congress enacted the No Surprises Act (the “Act”) to protect patients against “surprise bills,” while at the same time respecting a provider’s ability to receive remuneration for services rendered. In this third installment of the series (first installment and second installment), we provide an update that the Department of Health and Human Services (“HHS”) together with the Department of Labor…

2021 Changes to Kentucky's Open Records Act

August 6, 2021

The 2021 Kentucky General Assembly passed House Bill 312 (HB 312), which makes some important changes to Kentucky’s Open Records Act which became effective June 29, 2021. 

Kentucky Residency Restriction for Open Records Requestors 

Under the amended act, open records requests may now only be made by a “resident of the commonwealth.” Previously, any “person” could request inspection of records from…

Update Guidance for Employers Not Covered by OSHA's COVID-19 ETS

July 9, 2021

This article was originally published in Jackson Kelly’s Workplace Safety and Health News Alert on June 21, 2021. This guidance is pertinent to health care providers and relates to federal Occupational Safety and Health Administration (OSHA) requirements in various workplaces. Comments to the OSHA guidance issued on June 17, 2021 must be submitted by August 20, 2021.

On May 16, 2021, the Centers…

Preparing for the Implementation of West Virginia's Physician Assistants Practice Act

June 30, 2021

The West Virginia Legislature passed Senate Bill 714 (“SB 714”) on April 9, 2021. The Governor signed the bill on April 21, 2021, and it will become effective on July 8^th, 2021. SB 714 amends certain provisions relating to the Physician Assistants Practice Act.¹  The key amendments are summarized below:

1. The bill dispenses with the practice agreement requirement.²  Now repealed, W. Va. Code §…