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Plaintiff-Friendly Proposed Modifications to the HIPAA Privacy Rule

Plaintiff-Friendly Proposed Modifications to the HIPAA Privacy Rule
On December 10, 2020, the Department of Health and Human Services published a Notice of Proposed Rulemaking (NPRM) modifying the HIPAA Privacy Rule.

Back to Square One: HHS’s Response to Ciox Health, LLC v. Azar

Back to Square One: HHS’s Response to Ciox Health, LLC v. Azar
HHS’s makes a second go at limiting fees for third-party directives. HHS has published a Notice of Proposed Rulemaking (NPRM) aimed at...

The Misconceptions (Still) Muddying the MSA Waters

The Misconceptions (Still) Muddying the MSA Waters
Age-old misconceptions surrounding MSAs are like quicksand.

Forthcoming Guidance in the Gray Area of Medicare Set-Asides

Forthcoming Guidance in the Gray Area of Medicare Set-Asides
A sneak peek into forthcoming guidance for “Difficult to deal with” Medicare Set-Asides (MSAs).

Medicare Secondary Payer Act – When, Who, and What? – Part II

Medicare Secondary Payer Act – When, Who, and What? – Part II
Understanding & complying with the Medicare Secondary Payer Act (MSPA) is critical. This ANSWERS the “when,” “who,” and “what” of liabilit

Medicare Secondary Payer Act – When, Who, and What? – Part I

Medicare Secondary Payer Act – When, Who, and What? – Part I
Despite 40 years of existance, the MSPA still causes a lot of confusion. We’ll answer the “when,” “who,” and “what” of liability under t

Send vs. Receive: Another Layer of Protection for Medical Malpractice Defendants?

Send vs. Receive: Another Layer of Protection for Medical Malpractice Defendants?
Medical malpractice actions differ from other negligence-based actions in a significant way: an “uncommonly complex and unique” statutory framewor

Why the Medical Malpractice Statute of Limitations Can Leave You S-O-L

Why the Medical Malpractice Statute of Limitations Can Leave You S-O-L
Each cause of action has its own statute of limitations. For medical malpractice claims, the SOL is on the shorter end at 2 years...

The Constitutionality of the Same Specialty Requirement in Medical Malpractice Cases

The Constitutionality of the Same Specialty Requirement in Medical Malpractice Cases
Florida, like many other states, treats medical malpractice claims differently than other claims based on negligence...

The Importance of Expert Selection in Medical Malpractice Cases

The Importance of Expert Selection in Medical Malpractice Cases
Selecting an expert in any negligence case is an important decision, but even more so in a medical malpractice case...

Why the 21st Century Cures Act Won’t Cure Your Fees Problem

Why the 21st Century Cures Act Won’t Cure Your Fees Problem
Ciox Health, LLC v. Azar opinion has adversely impacted the viability of many personal injury lawsuits…

What Do Medical Records Cost in Other States?

What Do Medical Records Cost in Other States?
By eliminating the federal limitation on fees for medical records sent via third-party directive, the CioxHealth, LLC v. Azar opinion has...