August 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…
July 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…
June 16, 2023
The Supreme Court of Appeals of West Virginia issued a new opinion affirming the ban on discovery and use of peer review under West Virginia Code §30-3C-3. In an opinion by Justice Bunn in Toler v. Cornerstone Hospital of Huntington, No. No. 21-0830 (June 15, 2023), the Court held that the trial court correctly ruled that the plaintiff was not entitled to obtain an incident report related to a…
May 12, 2023
On May 4, 2023, Governor Holcomb signed into law Senate Bill 7, which will take effect on July 1, 2023. The new law significantly restricts the enforceability of physician non-compete agreements in Indiana, both existing and future agreements. Specifically, the statute (i) provides an outright ban of entering into noncompete agreements with primary care physicians after July 1, 2023, (ii) renders…
May 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…
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…
April 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…
February 21, 2023
SAMSHA’S Recent Proposed Changes to 42 C.F.R Part 2
The U.S. Health and Human Services Department (HHS), through the Substance Abuse and Mental Health Services Administration (SAMHSA) on November 28, 2022, announced significant proposed changes to the Confidentiality of Substance Use Disorder (SUD) Patient Records Rule under 42 C.F.R. Part 2 (“Part 2”).[1]
Background on Part 2
Part 2 is a federal…
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,…
August 25, 2022
Earlier this summer, the Supreme Court issued an opinion in Becerra v. Empire Health Foundation, a case where a hospital challenged the Department of Health and Human Services (“HHS”) interpretation of a 2004 regulation affecting the way Medicare’s disproportionate share hospital (“DSH”) adjustments are calculated. The Supreme Court upheld HHS’s interpretation, much to the disappointment of the…
August 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…
July 12, 2022
West Virginia’s Medical Professional Liability Act (MPLA), W. Va. Code 55-7B-6(b), provides that at least thirty days before filing suit, a claimant must serve two pre-suit documents - a Notice of Claim and a Certificate of Merit - on each health care provider they intend to sue. Timely compliance with the statute can “toll” or extend the applicable statute of limitations. In Adkins v. Clark, No.…
August 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…
July 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…
June 16, 2023
The Supreme Court of Appeals of West Virginia issued a new opinion affirming the ban on discovery and use of peer review under West Virginia Code §30-3C-3. In an opinion by Justice Bunn in Toler v. Cornerstone Hospital of Huntington, No. No. 21-0830 (June 15, 2023), the Court held that the trial court correctly ruled that the plaintiff was not entitled to obtain an incident report related to a…
May 12, 2023
On May 4, 2023, Governor Holcomb signed into law Senate Bill 7, which will take effect on July 1, 2023. The new law significantly restricts the enforceability of physician non-compete agreements in Indiana, both existing and future agreements. Specifically, the statute (i) provides an outright ban of entering into noncompete agreements with primary care physicians after July 1, 2023, (ii) renders…
May 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…
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…
April 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…
February 21, 2023
SAMSHA’S Recent Proposed Changes to 42 C.F.R Part 2
The U.S. Health and Human Services Department (HHS), through the Substance Abuse and Mental Health Services Administration (SAMHSA) on November 28, 2022, announced significant proposed changes to the Confidentiality of Substance Use Disorder (SUD) Patient Records Rule under 42 C.F.R. Part 2 (“Part 2”).[1]
Background on Part 2
Part 2 is a federal…
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,…
August 25, 2022
Earlier this summer, the Supreme Court issued an opinion in Becerra v. Empire Health Foundation, a case where a hospital challenged the Department of Health and Human Services (“HHS”) interpretation of a 2004 regulation affecting the way Medicare’s disproportionate share hospital (“DSH”) adjustments are calculated. The Supreme Court upheld HHS’s interpretation, much to the disappointment of the…
August 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…
July 12, 2022
West Virginia’s Medical Professional Liability Act (MPLA), W. Va. Code 55-7B-6(b), provides that at least thirty days before filing suit, a claimant must serve two pre-suit documents - a Notice of Claim and a Certificate of Merit - on each health care provider they intend to sue. Timely compliance with the statute can “toll” or extend the applicable statute of limitations. In Adkins v. Clark, No.…
