On March 29, 2021, when Governor Ron DeSantis signed Senate Bill 72 into law, Florida became the largest of a growing number of states to implement broad COVID-19 liability protections applicable to businesses, health care...more
4/2/2021
/ Business Entities ,
Coronavirus/COVID-19 ,
Damages ,
Educational Institutions ,
Florida ,
Government Entities ,
Governor DeSantis ,
Health Care Providers ,
Liability ,
Religious Institutions ,
Statute of Limitations
On August 17, 2020, Tennessee Governor Bill Lee signed legislation (S.B. 8002 / H.B. 8001) passed in a special session called by the Governor to address a stalemate between the Tennessee House and Senate on the scope of...more
On July 27, 2020, Senate Republicans unveiled the "Safeguarding America's Frontline Employees To Offer Work Opportunities Required to Kickstart the Economy Act," or the "SAFE TO WORK Act" (the Act).1 The proposed legislation...more
8/5/2020
/ Burden of Proof ,
Coronavirus/COVID-19 ,
Gross Negligence ,
Health Care Providers ,
Immunity ,
Limited Liability ,
Preemption ,
Proposed Legislation ,
Standard of Review ,
Statute of Limitations ,
Uniformity ,
Willful Misconduct
As the COVID-19 pandemic continues to dominate the legal landscape, approaches to establishing immunities for health care providers have rapidly evolved. Since mid-March, 23 states, through executive orders and/or...more
Long term care facilities and providers are bearing the brunt of caring for the nation's largest and most vulnerable populations of COVID-19 patients. And they're doing so in the face of considerable uncertainty, insufficient...more
4/27/2020
/ CARES Act ,
Civil Liability ,
Coronavirus/COVID-19 ,
Executive Orders ,
Governors ,
Health Care Providers ,
Immunity ,
Long Term Care Facilities ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Relief Measures ,
Risk Mitigation ,
Secretary of HHS ,
State and Local Government
Across the country, hospitals and providers are preparing to receive an unprecedented surge of patients afflicted with coronavirus symptoms – all while continuing to care for patients with other medical conditions...more
On June 19, 2019, the Supreme Court of Tennessee accepted certification of three questions of law relating to Tennessee's statutory non-economic damages cap. The certification follows on the heels of a decision from a divided...more
In January 2019, we issued a client alert regarding Lindenberg v. Jackson National Life Insurance Co. et al. In that case, the U.S. Court of Appeals for the Sixth Circuit rendered a 2-1 split decision on the issues of whether...more
In Part 1 of our alert on a recent case decided by the U.S. Court of Appeals for the Sixth Circuit, we examined the facts of Lindenberg v. Jackson Nat'l Life Ins. Co. and noted the importance of the divided panel's holding...more
In mid-December 2018, a divided panel of the U.S. Court of Appeals for the Sixth Circuit held that Tennessee's statutory cap on punitive damages violates the right to trial by jury under the Tennessee Constitution. The case...more
In its Work Plan for Fiscal Year 2012, the Office of Inspector General (OIG) of the U.S. Department of Health and Human Services (HHS) announced it would begin reviews of Medicare payments to hospitals to determine compliance...more
10/27/2015
/ Administrative Law Judge (ALJ) ,
Audits ,
Compliance ,
Department of Health and Human Services (HHS) ,
Healthcare ,
Hospitals ,
Inpatient Billing ,
Medical Devices ,
Medicare ,
Medicare Payment Reform ,
OIG ,
Overpayment