Health Law MonitorTelemedicine: Prescribing LimitationsNovember 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 TrenchesNovember 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 InstallmentOctober 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… Ohio Court Denies Preliminary Injunction Requiring Administration of IvermectinSeptember 8, 2021 An Ohio court attracted national attention when a judge issued a temporary restraining order requiring a hospital to administer ivermectin to a COVID-19 patient. Another judge has now issued an order denying a motion for preliminary injunction, relieving the hospital of the order to administer the drug. By order dated August 23, 2021, an Ohio Court of Common Pleas judge granted a 14-day… The Right to Recover Pre-Majority Medical ExpensesAugust 20, 2021 Under Colorado law, the statute of limitations applicable to a minor’s cause of action for medical negligence does not begin to run until the minor reaches the age of eighteen, unless the minor has a court-appointed legal representative.1 An injury to a minor child essentially generates two separate causes of action: one for the pre-majority medical expenses; and one for post-majority medical… "Play Ball" - The No Surprises Act and Requirements Related to Surprise Billing: The Second InstallmentAugust 17, 2021 As detailed in an earlier blog post, Congress enacted the No Surprises Act (“Act”) to protect patients against “surprise bills.” A surprise bill occurs when a patient receives health care services from an out-of-network provider. It can occur in both emergency and non-emergency situations, although frequently it occurs during emergency situations when a patient does not choose the facility or… 2021 Changes to Kentucky's Open Records ActAugust 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 RequestorsUnder 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… A New COVID-19 Vaccination Order Issued in the City and County of DenverAugust 4, 2021 On August 2, 2021, the Denver Department of Public Health & Environment released an order requiring personnel of certain types of entities to be fully vaccinated against COVID-19 by September 30, 2021. Those types of entities and their personnel bound to the order are:
Update Guidance for Employers Not Covered by OSHA's COVID-19 ETSJuly 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 ActJune 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 8th, 2021. SB 714 amends certain provisions relating to the Physician Assistants Practice Act.1 The key amendments are summarized below:
Going Public? Colorado's "Public" Health Insurance PlanJune 9, 2021 House Bill 21-1232 or the “public option bill” is before the Colorado legislature for the second time and the numerous rounds of rewrites have changed the character of the bill itself. Initially proposed as a public health insurance plan offered by the state, the bill now seeks to mandate a standardized health insurance plan that is operated by private insurers. If approved, the public option… The Time is Now: Enforcement for Discrimination Based on Sexual Orientation and Gender Identity BeginsMay 13, 2021 On May 10, 2021, the U.S. Department of Health and Human Services (HHS) announced that the Office of Civil Rights (OCR) will interpret and enforce Section 1557 and Title IX’s prohibition on discrimination based on sex to include both (1) discrimination on the basis of sexual orientation and (2) discrimination on the basis of gender identity. OCR is responsible for enforcing Section 1557 of the… |
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