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Protecting Health Care Providers During Pandemic: …

WEBOn March 11, 2020, during the height of the COVID-19 global pandemic, Governor John Bel Edwards declared a public health emergency for the State of Louisiana pursuant to the …

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URL: https://www.louisianalawblog.com/health-law/protecting-health-care-providers-during-pandemic-gross-negligence-standard-applies-for-premises-claims-against-physicians-and-health-care-providers/

The State of Telehealth Law in Louisiana Louisiana Law Blog

WEBBy Jennifer Thomas on March 26, 2015. Posted in Health Law. During the 2014 Legislative session, the Louisiana Legislature enacted the Louisiana Telehealth Access Act (the …

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The Rise of Telehealth Fraud – A Look at Recent Federal Enforcement

WEBThe latest large tele-fraud scheme charges surfaced in Massachusetts in July of 2023. In U.S. v. David Santana, federal prosecutors charged the owner and operator of two …

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Louisiana Supreme Court Upholds Special Prescriptive Periods for

WEBThe Louisiana Supreme Court has issued two decisions in the past year, Borel v.Young and Warren v.LAMMICO, which are favorable to Louisiana health care providers.In the …

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DHH Implements Recovery Audit Contractor Program

WEBThe Louisiana Department of Health and Hospitals (“DHH”) adopted provisions to establish the Recovery Audit Contractor (“RAC”) Program, effective November 20, 2014, as …

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Professional Courtesy Exception under Stark III: Significant Changes

WEBOn December 4, 2007, Phase III of the Stark Law’s regulations became effective. They include some significant substantive changes, one of which is a change to the …

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Court Certifies Class Action and Finds Reduction in Medicaid LT …

WEBSince 2003, Louisiana, through the Department of Health and Hospitals (“DHH”) and the Medicaid Program, administers home and community-based health services (“HCBS”) …

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DHH Implements New Adverse Actions Web Search for Excluded …

WEBKean Miller is counsel to the people and industries that drive the regional economy. From Fortune 1000 companies to local and regional businesses, we provide efficient and …

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CMS Issues EMTALA Guidance Louisiana Law Blog

WEBThe Centers for Medicare and Medicaid Services (”CMS”) recently issued a letter to State Survey Directors, who conduct surveys to ensure that health care providers (such as …

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$1.5 Million HIPAA Breach Settlement Louisiana Law Blog

WEBThis resolution agreement was the sixth to be entered into by OCR for HIPAA breaches with one entity receiving civil monetary penalties as well. Civil penalties for HIPAA violations …

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Nursing Home Bill of Rights Changes Louisiana Law Blog

WEBThe Nursing Home Residents’ Bill of Rights (La. R. S. 40:2010.8) was amended effective June 8, 2010 to provide more freedom and more choice to residents and to remove …

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OCR Settlement Highlights the Importance of Timely Breach …

WEBOn January 9, 2017, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) announced its first HIPAA settlement arising from a failure to provide …

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New Insurance Endorsements Will Reduce Coverage

WEBInsurance companies are continuing to reduce the coverage provided under general liability policies. Many carriers are modifying the coverage provided

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A New Definition to "Religious Employer" under the Affordable …

WEBOn January 30, 2013, the U.S. Department of the Treasury, the Department of Labor, and the Department of Health and Human Services (the “Departments”) issued proposed …

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Unsettled Question of Medical Malpractice Act Coverage For …

WEBIn Oliver v.Magnolia Clinic, 2010-2785 (La. 3/25/11), 57 So. 3d 308, the Louisiana Supreme Court vacated a Third Circuit ruling that nurse practitioners were not covered by the …

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DHH Proposes Rule on Prohibition of Provider Steering of …

WEBIf a health plan is found to violate the Medicaid recipient steering prohibition, DHH may impose the following sanctions: 1) disenrollment of the member (s) from the health plan; …

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Act 323 – Expedited Medical Review Panel Process

WEBIn the Louisiana Legislature’s Regular Session 2006, Act 323 changed La.R.S. 40:1299.47 to add Subsection N [full cite- 40:1299.47 (N)] to allow for an expedited medical review …

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A Primer on Public-Private Partnerships Louisiana Law Blog

WEBA PPP is a contractual agreement between a public agency (federal, state or local) entity and a private sector entity to deliver a service or facility for public use. The Louisiana …

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CMS Issues Stark Law Advisory Opinion on Physician Ownership …

WEBThe Centers for Medicare and Medicaid Services (“CMS”) recently issued on June 8, 2008 an advisory opinion in which CMS addressed whether a proposed physician ownership …

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OIG Releases Unfavorable Opinion on Allergy

WEBThe Department of Health and Human Services, Office of Inspector General (“OIG”), recently issued an advisory opinion in which the OIG concluded that an arrangement …

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