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Husch Blackwell LLP

Hospice Insights Podcast - Hospice Audit Updates: Hospices Fare Well in Federal Court

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Increasing audit activity combined with certain decreasingly favorable audit appeal outcomes has resulted in hospices appealing audit results beyond the administrative law judge phase and into federal court. In this episode,...more

McDermott Will & Schulte

PointClickCare Denied En Banc Hearing to Overturn PI

On April 23, 2025, the US Court of Appeals for the Fourth Circuit denied PointClickCare Technologies, Inc.’s petition for en banc review in Real Time Medical Systems, LLC v. PointClickCare. A Fourth Circuit panel previously...more

Hanson Bridgett

Peer Review by Licentiates Only: Beware Health Care Service Plans!

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On February 19, 2025, the California Court of Appeal published a decision, Lin v. Board of Directors of PrimeCare Medical Network, Inc., 108 Cal.App.5th 1163, emphasizing California Business and Professions Code’s requirement...more

Arnall Golden Gregory LLP

Insights From the 2025 American Health Law Association’s Long Term and Post-Acute Care Law and Compliance Conference

This year, health lawyers, providers, consultants, and government experts from across the country convened in Orlando, Florida, for the American Health Law Association’s Long Term and Post-Acute Care Law and Compliance...more

Husch Blackwell LLP

Avoiding the Pitfalls of Involuntary Nursing Home Discharges/Transfers in Missouri

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Many long-term care residents live in Missouri nursing homes for years. But occasionally circumstances may change such that it is no longer appropriate for the resident to continue to reside at the facility. In certain cases,...more

Robinson & Cole LLP

Conn. Ruling Highlights Keys To Certificate-Of-Need Appeals

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On July 25, the Connecticut Supreme Court issued an opinion in High Watch Recovery Center Inc. v. Department of Public Health that addresses the subject of the right to file an appeal of a certificate-of-need, or CON,...more

Robinson+Cole Health Law Diagnosis

Connecticut Supreme Court Addresses Contested Case Issue in Ruling on Certificate of Need Appeals

On July 25, 2023, the Connecticut Supreme Court issued an opinion in High Watch Recovery Center, Inc. v. Dept. of Public Health that addresses the subject of the right to file an appeal of a Certificate of Need (CON) decision...more

Tucker Arensberg, P.C.

Third Circuit Permits Companies to Proceed on RICO Claims Against Labor Unions

On July 28, 2022, the United States Court of Appeals for the Third Circuit, in Care One Management LLC, et al. v. United Healthcare Workers East, et al., No. 19-3693, determined that healthcare companies could proceed on RICO...more

Butler Snow LLP

Fifth Circuit Affirms Stay of CMS Vaccine Mandate For 14 States, Overrules Nationwide Stay

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On December 15, 2021, a panel of the Fifth Circuit Court of Appeals partially affirmed an injunction entered by the U.S. District Court for the Western District of Louisiana on November 30, enjoining the Centers for Medicare...more

Holland & Knight LLP

Florida Medicare and Medicaid Providers' Vaccine Mandate Dilemma

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Florida healthcare providers billing federal programs may again face a complicated COVID-19 quandary. The U.S. Court of Appeals for the Eleventh Circuit has denied the state of Florida's request for an injunction against the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Breaking News on the CMS Vaccination Rule: Less Than 24 Hours After Being Shelved in 10 States, the Rule Is Sidelined Nationwide

In a November 30, 2021, order, a federal judge sitting in Louisiana entered a nationwide preliminary injunction against the Biden administration’s Centers for Medicare and Medicaid Services’ (CMS) interim final rule entitled...more

Benesch

November Ends With Flurry of Litigation Regarding Various COVID Vaccine Mandates

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As November came to an end, federal courts across the country continue to examine and issue preliminary rulings on challenges to various COVID vaccine mandates put in place by the Biden Administration. At the beginning of...more

Dorsey & Whitney LLP

Limited Preliminary Injunction Issued for CMS Vaccine Mandate

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On November 29, 2021, a federal court in Missouri enjoined the Centers for Medicare and Medicaid Services’ (CMS) vaccine mandate in the following states: Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire,...more

Parker Poe Adams & Bernstein LLP

Federal Appeals Court Won't Delay New York Vaccine Mandate for Health Care Workers

The Second Circuit Court of Appeals rejected a motion last week for a preliminary injunction filed by health care workers who object to a New York state COVID-19 vaccination mandate. The New York mandate contains medical...more

Dorsey & Whitney LLP

CMS’ COVID-19 Vaccine Mandate: What Health Care Providers Need to Know

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Last week, the Centers for Medicare and Medicaid Services (CMS) and the Occupational Safety and Health Administration (OSHA) published their much-anticipated rules mandating COVID-19 vaccinations. ...more

Holland & Knight LLP

Healthcare Law Update: October 2021

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Kathryn Isted In Harbor Healthcare System, L.P. v. United States, 5 F.4th 593 (5th Cir. 2021), the court of appeals ruled that the district court abused its discretion in refusing to exercise its equitable jurisdiction over a...more

Fisher Phillips

Reconsidering Religious Accommodations In Light Of The Pandemic

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With all of the uncertainty facing the healthcare community in light of the current pandemic, the ability of hospitals and other healthcare facilities to be flexible when managing employees is of the utmost importance. To...more

K&L Gates LLP

K&L Gates Triage: Michael P. V. BCBS Of Texas

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In this week’s episode, Gary Qualls discusses a recent case decided in the Western District of Louisiana, which highlights how the application of the arbitrary and capricious standard as applied to payor coverage...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 20, Number 6. Privacy Briefs: June 2020

Report on Patient Privacy 20, no. 6 (June 2020): A divided Indiana Court of Appeals has reinstated a patient’s claim that a hospital is vicariously liable for the actions of a medical assistant who accessed the patient’s...more

Morgan Lewis - Health Law Scan

Mere Differences of Judicial Opinion Emerge to Muddle Healthcare Providers False Claims Act Exposure for Mere Differences of...

In the Care Alternatives False Claims Act (FCA) appeal, a panel of the US Court of Appeals for the Third Circuit on March 4 reversed the summary judgment granted to hospice provider Care Alternatives at the district court,...more

Spilman Thomas & Battle, PLLC

The Dome Report - 2020 West Virginia Legislature Commences, Issue 2

As you know, the 2020 Regular Session of the West Virginia Legislature commenced on January 8. As of this writing, the House has introduced 903 bills, while the Senate has introduced 467. We will be reporting on and tracking...more

Holland & Knight LLP

Thoughts on Recent Amendments to the Florida Patient Brokering Act - The Sky Is Not Falling

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The Florida Legislature recently amended the Florida Patient Brokering Act (PBA), effective July 1, 2019. Since then, a raft of articles have argued that long-standing arrangements between healthcare providers and potential...more

Bradley Arant Boult Cummings LLP

Significant Changes to Florida’s Patient Brokering Act: Uncertainty Lies Ahead - Healthcare Alert

A pair of legislative and judicial developments in the last month has the potential to significantly impact healthcare providers doing business in Florida. Until some of the uncertainty is resolved, healthcare providers would...more

Farrell Fritz, P.C.

N.Y. Court of Appeals Reinstates Justice Center’s Oversight of Provider Agencies

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Earlier this Summer, the Court of Appeals overturned the Appellate Division Third Department’s (the “Third Department”) unanimous decision in The Matter of Anonymous v. Molik, where it ruled that the New York State Justice...more

Burr & Forman

Court Rejects Unconscionability Challenge to Arbitration Agreement That Was “Voluntary” and Not Obligatory

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On September 4, 2018, the Mississippi Court of Appeals upheld an arbitration agreement between a nursing home and its resident. See Massey v. Oasis Health & Rehab of Yazoo City, LLC, No. 2017-CA-00086-COA, 2018 WL 4204207...more

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