News & Results
Back to Work? Be Aware of New Paid Leave Requirements for Covered Employers
As state-at-home orders are lifted and businesses reopen, Employers should be aware of new paid leave requirements that went into effect on April 1, 2020. In addition to ensuring compliance with established federal, state and local employment laws, Employers must also now navigate through several new employment laws and regulations brought about by the Families First Coronavirus Response Act (FFCRA).1
HPS Partners to Present at AAPACN Annual Conference
HPS Partners Laura Ginett and Elizabeth Neidig will present at the annual conference of the American Association of Post-Acute Care Nursing, on June 3, 2020, from 3:00 - 4:30 on the use of The Minimum Data Set Assessments (MDS) and Care Plans in personal injury and wrongful death litigation.
Resources - Virtual Forum: Using Telehealth in Long-Term Healthcare Facilities During the Fight Against Covid-19 & Its Aftermath
Resources for the May 19, 2020 Virtual Forum: Virtual Forum: Using Telehealth in Long-Term Healthcare Facilities During the Fight Against Covid-19 & Its Aftermath
Virtual Forum: Using Telehealth in Long-Term Healthcare Facilities During the Fight Against Covid-19 & Its Aftermath
Join Hall Prangle + Schoonveld, LLC and the Partnership for a Connected Illinois' Telehealth Initiative on Tuesday, May 19, 2020 from 12pm - 1:30pm CST (Available On Demand May 22, 2020).
CMS Requires New COVID-19 Reporting and Notification by Nursing Homes
On May 8, 2020, CMS implemented new infectious disease reporting and notification regulations for the nation's skilled nursing facilities when it published an interim final rule with comment (IFC) entitled "Medicare and Medicaid Programs, Basic Health Program, and Exchanges; Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency and Delay of Certain Reporting Requirements for the Skilled Nursing Facility Quality Reporting." The Rule is available at The Federal Registrar website.
Healthcare Providers and Healthcare Institutions Receive Limited Liability Immunity for COVID-19 Treatment
On April 1, 2020, Illinois Governor J.B. Pritzker released his most recent Executive Order where he declared that Health Care Facilities, Health Care Professionals, and Health Care Volunteers are immune from civil liability for any injury or death that allegedly arises from providing assistance to the State in response to the COVID-19 outbreak.
Cares Act Provides More Access to Telehealth Services for Medicare Beneficiaries
This post is an update to a March 20, 2020, post "HHS Waives Telehealth Restrictions for Medicare Beneficiaries to Expand Access to COVID-19 Treatment.”
The Thing Missing from the COVID-19 and Nursing Home Discussion
After reading the front-page Tribune story about COVID-19 and nursing homes, I became frustrated by what was missing. Towards the end of the article, there were quotes by an attorney I know well who was described as someone who rails against the nursing home industry to protect the elderly. Even this attorney recognized that we are currently asking nursing home staff to do something extraordinary in the face of an unprecedented crisis. I scrolled the internet to find the article that talked about what was missing. Since I could not find it, I decided to write it.
HHS Issues a Limited Waiver Of HIPAA Privacy Rule Sanctions and Penalties in the Midst of the COVID-19 Pandemic
In response to the evolving COVID-19 pandemic, the Department of Health and Human Services (HHS) Secretary Alex Azar issued a limited waiver of the HIPAA Privacy Rule. Effective March 15, 2020 at 6:00 p.m., a covered hospital will not be subject to sanctions or penalties arising from noncompliance with the following provisions.
COVID-19 Not Transmitted from Mother to Fetus According to Case Study in Wuhan, China
According to a report posted on Frontiers in Pediatrics, doctors followed four pregnant women from the epicenter of the COVID-19 pandemic – Wuhan, China – who tested positive for COVID-19. The women all gave birth while actively symptomatic. The conclusion after testing and observation was that the COVID-19 virus did not pass from the mother to the fetus, and the infants were born without any of the respiratory signs of COVID-19.
HHS Waives Telehealth Restrictions for Medicare Beneficiaries to Expand Access to COVID-19 Treatment
On March 6, 2020, President Trump signed the $8.3 billion Coronavirus Preparedness and Response Supplemental Appropriations Act into law, which provided $500 million in waivers for certain Medicare telehealth restrictions during the COVID-19 public health emergency.
Clausing and Kaminski Secure Defensive Verdict for HPS Client in Case Worth $17.5 Million
In early March 2020, HPS attorneys Marilee Clausing and Matthew Kaminski successfully defended a Chicago area family medicine physician against claims that he failed to diagnose and treat the plaintiff’s rare blood disorder, which caused a catastrophic stroke and permanent neurological damage.
HPS Attorneys Attend the Chicago Go Red for Women Executive Luncheon
On Friday, February 21, 2020, HPS attorneys accompanied a client from a local rehabilitation center to the American Heart Association's 16th annual Go Red for Women Executive Luncheon at the Marriott Marquis in Chicago.
HPS Attorneys Successfully Defend Orthopedic Surgeon Against $21 Million Negligence Claim
In January 2020, HPS attorneys Amy Kane and Sapna Lalmalani secured a defense verdict for their clients in a case arising out of a surgical repair of complex acetabular fractures and a sacral fracture.
Association Between Maternal Acetaminophen Use and An Increased Risk of ADHD and/or Autism in Their Children
A Google search of a phrase like "Birth Trauma causes Autism" will result in links to, inter alia, various legal websites asserting that trauma during labor and delivery is a cause of a child's autism or behavioral issues. The most recent of a series of medical articles, however, points to a potential alternative cause – maternal use of acetaminophen.
U.S. Maternal Mortality Ranking Drives Two New Standards From The Joint Commission Part 2
In the second standard, Reduce the likelihood of harm related to maternal severe hypertension/preeclampsia, there are six elements of performance.Both of these standards address prevention, recognition, treatment and education to improve maternal outcomes. While improving outcomes is a goal every organization will support, we feel these standards may also offer the opportunity to reduce potential liability and litigation.
HPS Attorneys Successfully Defend Chicago Area Hospital
In October 2019, HPS attorneys Sapna Lalmalani, Bill Souferis, and Amy Kane secured a defense verdict for their client in a case which stemmed from allegations surrounding the treatment of a post-operative patient
HPS Welcomes Two Associates to the Firm
On Thursday, November 7, 2019, Hall Prangle and Schoonveld, LLC (HPS) welcomed two associates into the firm with a reception held at HPS's Chicago Office.
U.S. Maternal Mortality Ranking Drives Two New Standards From The Joint Commission.
Maternal hemorrhage is one of the most important clinical issues in obstetrics today – and a not uncommon source of potential liability in obstetrical negligence litigation. This new standard, "Reduce the likelihood of harm related to maternal hemorrhage," was based on recommendations from technical advisors, clinicians, and administrators and included extensive literature review.
HPS Hiring Partner Becomes President of the Society of Trial Lawyers
In September, Michele Anderson, Hiring Partner at Hall Prangle and Schoonveld, LLC (HPS), became the president of the Society of Trial Lawyers (the Society), only the second female to hold the post in the Society's near 100-year history.