A recent Pennsylvania Supreme Court decision provided hospitals a path to offset liability for their ostensible agents’ negligence. In McLaughlin v. Nahata, the Court recognized that a defendant hospital could seek...more
On-site expert review of electronic medical records (“EMR”) may no longer be a last resort in professional liability matters in New Jersey. A three-judge panel in New Jersey’s Appellate Division recently upheld a trial...more
Federal enforcement of the 21st Century Cures Act’s (the Cures Act) prohibitions on improper blocking of electronic health information is ramping up. The Cures Act already targets technology developers and health information...more
4/25/2022
/ 21st Century Cures Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Civil Monetary Penalty ,
Department of Health and Human Services (HHS) ,
Electronic Medical Records ,
Electronic Protected Health Information (ePHI) ,
Final Rules ,
Health Care Providers ,
Health Information Technologies ,
HIPAA Privacy Rule ,
Information Blocking Rules ,
OIG ,
Policies and Procedures ,
Written Consent
Earlier today, the Pennsylvania Supreme Court held that a victim of childhood sexual abuse must exercise due diligence to discover whether an institutional or corporate principal of the abuser is also a cause of their...more
As COVID-19 vaccines continue to roll out across the county, there is uncertainty as to whether certain telehealth laws that significantly impacted healthcare providers, payors and patients during the public health emergency...more
3/30/2021
/ Coronavirus/COVID-19 ,
Delaware ,
Governor Baker ,
Governor Cuomo ,
Governor Wolf ,
Health Care Providers ,
Medicaid ,
Medicare ,
Mental Health ,
New Jersey ,
New York ,
Pennsylvania ,
Proposed Legislation ,
Public Health Emergency ,
Reimbursements ,
Substance Abuse ,
Telehealth
The recent derailment of Pennsylvania’s constitutional amendment to revive all childhood sexual abuse cases may not have quite the impact as was widely reported. The media has generally portrayed this derailment as a setback...more
This week, a bipartisan group of lawmakers reintroduced the Protecting Access to Post-COVID-19 Telehealth Act to the U.S. House of Representatives. Telehealth has expanded both at the individual provider and hospital system...more
As we previously reported, the Centers for Medicare & Medicaid Services (CMS) issued temporary rules to allow increased use of telehealth services. On June 25, 2020, CMS issued a proposed rule for calendar year 2021 that...more
The COVID-19 pandemic has thrust upon the healthcare industry countless profound and likely permanent changes, not the least of which is in telehealth. Over the next several months, White and Williams will publish a series of...more
6/19/2020
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Employer Liability Issues ,
FCC ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Medicaid ,
Medicare ,
OCR ,
Popular ,
Telehealth ,
Telemedicine
Reports of patients forgoing healthcare due to fears of contracting the coronavirus, and the potential severe health consequences that might arise from doing so, have prompted New Jersey to implement standards for the safe...more
In response to calls from groups to protect Pennsylvania’s frontline healthcare providers, Governor Wolf signed an Executive Order “to enhance the protections for health care providers” during the COVID-19 health crisis. The...more
The emergence and rapid spread of COVID-19 has created extraordinary circumstances that have significantly impacted how we go about living, working and interacting with one another. The practice of law is no exception....more
The COVID-19 pandemic has done more than rock the world on its heels –– it has become a wake-up call to businesses and industries lagging behind in digital transformation. The legal field, an institution rooted in laws...more
In a recent opinion that will increase the damage calculation in central New Jersey employment practice liability matters, Judge Stanley Chesler of the United States District Court for the District of New Jersey concluded...more