UPDATED MAY 14, 2024 NOTE: The legislative session of the Connecticut General Assembly ended on May 8, 2024. The bills discussed in this blog did not pass. We will be monitoring new developments in the law regarding...more
Pullman & Comley’s annual review of significant case law affecting Connecticut health care providers summarizes a number of important decisions issued in 2023 by Connecticut state and federal courts. Among the highlights are...more
1/19/2024
/ Antitrust Violations ,
Coronavirus/COVID-19 ,
CT Supreme Court ,
Health Care Providers ,
Healthcare ,
Medical Malpractice ,
Opinion Letter ,
Patients ,
Surprise Medical Bills ,
Tortious Interference ,
Unfair Trade Practices Act
On October 10, 2023, the federal Drug Enforcement Administration (DEA) and the U.S. Department of Health and Human Services (HHS) published a new temporary rule which extends, through December 31, 2024, the ability of ...more
10/24/2023
/ Controlled Substances ,
DEA ,
Department of Health and Human Services (HHS) ,
Electronic Prescribing ,
Health Care Providers ,
Healthcare ,
Pharmaceutical Industry ,
Prescription Drugs ,
Telehealth ,
Telemedicine ,
Temporary Regulations
Effective immediately, the Connecticut Siting Council requests all Exempt Modification, Tower Share, Declaratory Ruling, including sub-petitions,* and Development and Management Plan completion of construction notices include...more
Significant health care cases of 2022 included a surprise billing unfair trade practices case, a class action recognizing a patient’s constitutionally protected interest in their inpatient classification and a ruling...more
1/31/2023
/ Connecticut ,
CUTPA ,
Health Care Providers ,
Health Insurance ,
Healthcare ,
Hospitals ,
Informed Consent ,
Medical Devices ,
Medical Malpractice ,
Medical Records ,
Medicare ,
Patients ,
Surprise Medical Bills
Can a 40-year-old fraud and abuse law that compared to many others is relatively straightforward still get providers into trouble? Answer: You bet! In fact, in the first quarter of 2022 alone, the U.S. Attorney for the...more
4/19/2022
/ Best Practices ,
Civil Monetary Penalty ,
Enforcement Actions ,
False Billing ,
False Claims Act (FCA) ,
Fraud and Abuse ,
Health Care Providers ,
Healthcare Fraud ,
List of Excluded Individuals/Entities (LEIE) ,
Medicaid ,
Medical Reimbursement ,
Medicare ,
OIG ,
Settlement Agreements
Befitting a year in which the lingering COVID-19 pandemic caused delays in almost every aspect of daily life, Pullman & Comley’s annual survey of notable health law cases from Connecticut’s trial and appellate courts makes...more
2/21/2022
/ AIDS ,
Certificate of Need ,
CT Supreme Court ,
Duty of Care ,
First Impression ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
HIV ,
Judicial Review ,
Liability ,
Negligence ,
Physicians ,
Product Defects ,
Statutory Violations ,
Vicarious Liability
January 27, 2022 marks the deadline for Connecticut health facilities to have policies and procedures in place to satisfy federal Center for Medicare and Medicaid Services (“CMS”) regulations mandating vaccines of their...more
1/31/2022
/ Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Connecticut ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Health and Safety ,
Healthcare ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Medicaid ,
Medicare ,
Vaccinations ,
Workplace Safety
The Federal No Surprises Act (42 USC §300gg-111 et seq.), effective for plan years beginning January 1, 2022, restricts surprise bills for patients with job-based or individual health care coverage who receive...more
In an attempt to stem the rising tide of COVID-19 cases involving the highly contagious Delta variant, Lieutenant Governor Susan Bysiewicz, issued Executive Order (EO) No. 13B over this past weekend requiring the vaccinations...more
8/11/2021
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Executive Orders ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
Nursing Homes ,
Public Health Emergency ,
Residential Care Facilities ,
Vaccinations ,
Workplace Safety
Note: Public Act 21-133 was amended on July 7, 2021. The article below incorporates those amendments and replaces our prior post on this topic.
With the proliferation of new digital platforms and increasing consumer...more
Connecticut has recently notified pharmacies and prescribing providers that various quantity limits and refill criteria will revert back to pre-COVID 19 requirements come May 21, 2021. The reinstatement of pre-COVID 19...more
4/30/2021
/ Controlled Substances ,
Coronavirus/COVID-19 ,
Generic Drugs ,
Infectious Diseases ,
Medicaid ,
Medicare Part D ,
Pharmacies ,
Prescription Drugs ,
Public Health Emergency ,
Regulatory Standards ,
State and Local Government
Monday, April 5th, marked the deadline for compliance with the information blocking regulations implemented by the Office of the National Coordinator for Health IT (ONC). As a follow-up to our earlier FAQs on these new...more
4/9/2021
/ 21st Century Cures Act ,
Data Privacy ,
Data Protection ,
Electronic Medical Records ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
Health Information Technologies ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Information Blocking Rules ,
Information Technology ,
ONC ,
Patient Privacy Rights ,
Regulatory Requirements
“No poach agreements” have once again grabbed the legal headlines with a nationally known integrated provider of hospital and physician services a focus of the attention. Allegations of no poach agreements, agreements by...more
“No poach” agreements -- agreements between two or more competitors that neither will recruit or hire the other’s employees – have long been held to violate the antitrust laws. The United States Justice Department and...more
Doctors, nurses, hospitals and other health care providers, should know that the pandemic has not deterred federal or state authorities from prosecuting false claims, HIPAA and other types of enforcement actions in...more
11/4/2020
/ Anti-Kickback Statute ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Drug Distribution ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud and Abuse ,
Health Care Providers ,
Healthcare Fraud ,
HIPAA Breach ,
Infectious Diseases ,
Medicaid Reimbursements ,
Medicare Billing Privileges ,
OxyContin ,
Pain Management ,
PHI ,
Restitution
How much could it possibly cost if you fail to renew your professional license or permits before they expire? Could it really cost $148,632.23? A Connecticut oral and maxillofacial surgeon recently learned that it could cost...more
This week (July 28, 2020) the Connecticut Senate passed House Bill No. 6001 with this House amendment to further extend and expand the telehealth services offered by in-network providers for fully-insured health plans in the...more
What should new and old Connecticut telemedicine and telehealth providers know about billing for Connecticut Medicaid services now that Connecticut’s Governor Ned Lamont again has expanded the ability of providers to offer...more
The Centers for Disease Control and Prevention is currently responding to the outbreak of Coronavirus Disease 2019 (COVID-19) in the U.S. While as of the date of this Alert there have been no confirmed cases of the virus in...more
The November 2019 issue of the Connecticut Medicaid Program’s Provider Quarterly Newsletter urges providers and their trading partners to routinely review and monitor “user roles” and levels of access that their...more
Health care practitioners should need no reminder that government authorities closely scrutinize practitioner relationships with the medical device and pharmaceutical industries. Reports of payments under the federal...more
Connecticut state and federal courts faced a number of significant health care issues last year. We have summarized those cases that we think are particularly relevant to Connecticut hospitals, group practices and individual...more
2/16/2017
/ Drug Pricing ,
EMTALA ,
Health Care Providers ,
Health Insurance ,
Hospitals ,
Informed Consent ,
Medical Devices ,
Medical Malpractice ,
Mental Health ,
Negligence ,
Nurses ,
Peer Review ,
Physician Medicare Reimbursements ,
Physicians ,
Psychiatric Hospitals ,
Public Policy ,
Rural Health Care Providers ,
Vicarious Liability ,
Wage Index
In the aftermath of the destruction caused by Hurricane Katrina in 2005, Cori and Kerri Rigsby accused State Farm Fire and Casualty Company of falsely misclassifying wind damage as flood damage, among other misdeeds, leaving...more
10/21/2016
/ Dismissals ,
False Claims Act (FCA) ,
FEMA ,
Flood Insurance ,
Fraud ,
Relators ,
SCOTUS ,
Sealed Records ,
Standard of Review ,
State Farm ,
State Farm Fire and Casualty Co v United States ex rel Rigsby ,
Wind Damage
Vermont requires all public and private entities that pay for health care services provided to its residents to supply data to its "all-payer database." The requirements apply to insurers and third-party administrators, among...more