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Protecting Health Care Providers During Pandemic: Gross …

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 …

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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 …

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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 …

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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 …

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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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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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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Privileged Medical Records and La. R.S. 13:3715.1

WEBThe court further held that the procedure detailed in La. R.S. 13:3715.1 was “not designed to circumvent the health care provider-patient privilege afforded by L.S.A.-C.E. art. …

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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 …

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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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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 …

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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 …

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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 …

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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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5TH CIRCUIT RECOGNIZES THAT AN EMPLOYER'S

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 …

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