News & Results

Mike Caston Mike Caston

No Surprise Billing 101

On December 27, 2020, former President Trump signed into law the No Surprises Act, which aims to protect healthcare consumers from surprise billing. The act went into effect on January 1, 2022.

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Mike Caston Mike Caston

AMA Discharge - Things to Know

Residents leaving a facility against medical advice creates a tricky liability situation for skilled nursing providers. Hall Prangle & Schoonveld (HPS) Partner Elizabeth Neidig recently spoke with Caralyn Davis of the American Association of Post-Acute Care Nursing (AAPACN) to identify the key ways in which a facility can protect itself from liability stemming from an "AMA" discharge. Below is an overview of that conversation that Elizabeth wrote. Click here to read the conversation on AAPACN.com (membership required).

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Mike Caston Mike Caston

Hugh Griffin Successfully Defends Covid-19 Case

Hugh Griffin headed up a defense team that obtained final dismissal of a wrongful death complaint against a meat packing company in a suit alleging that an employee's wife died from Covid 19 that she contracted from her husband who contracted it from other employees at the meat packing plant.

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Mike Caston Mike Caston

Ries Named Women in Law Honoree

HPS Partner, Jennifer Ries, has been named one of the Chicago Daily Law Bulletin & Chicago Lawyer’s 2021 Salute! Women in Law Award honorees. The Law Bulletin describes the honorees as “exceptional women leaders in the law.”

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Mike Caston Mike Caston

HHS Makes Long-Awaited Reforms to the Anti-Kickback Statute and Stark Law Bringing Value-Based Arrangements to the Forefront

On November 20, 2020, the Department of Health and Human Services (HHS) published two new final rules aimed towards supporting care coordination and value-based care. As part of the Trump Administration's "Sprint to Coordinated Care" plan, the HHS Office of Inspector General (OIG) revised the safe harbors under the Anti-Kickback Statute (AKS) and the Centers for Medicare and Medicaid Services (CMS) revitalized the physician self-referral regulations ("Stark Law").

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Mike Caston Mike Caston

OIG Skeptical of Paid Speaker Programs; Issues Special Fraud Alert

Recently, the Office of Inspector General (OIG) at the U.S. Department of Health and Human Services (HHS) issued a rare Special Fraud Alert pertaining to medical device and pharmaceutical speaker programs. The OIG defines speaker programs as "company-sponsored events at which a physician or other health care professional makes a speech or presentation to other health care professionals about a drug or device product or a disease state on behalf of the company." The sponsoring company typically pays the speakers an honorarium.

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Mike Caston Mike Caston

Emerging Reports of Transplacental Transmission of Covid-19 From Mother to Fetus Conflicts With Previous Findings that Transmission is Unlikely

In the ever-evolving pandemic of SARS-CoV-2 (commonly referred to as Covid-19), there appears to be an ongoing shift in the medical community with respect to the question of whether Covid-19 can be transmitted in utero from mother to fetus. While early studies showed that transmission was unlikely, recent reports of apparent transmission have emerged creating conflicting findings.

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Mike Caston Mike Caston

Attorney Highlight: HPS Chicago Partner John Travis

"John Travis exemplifies the attorneys at HPS: He is dedicated, hardworking, and driven to provide each client with an expert legal defense tailored to their needs. His addition to the partnership at HPS strengthens the Firm's ability to provide each client with the legal services they need."

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Mike Caston Mike Caston

Public Nuisance Doctrine and Inadequate COVID-19 Precautions Present Litigation Risk for Employers

As a supplement to its Guidance on Preparing Workplaces for COVID-19 issued in March 2020, the Occupational Safety and Health Administration ("OSHA") recently issued Guidance on Returning to Work, which focuses "on the need for employers to develop and implement strategies for basic hygiene, social distancing, identification and isolation of sick employees, workplace controls and flexibilities, and employee training." While not creating additional binding regulations that are enforceable against employers, these OSHA resources aid in identifying areas of risk in the workplace and determining where appropriate control measures should be implemented. The Centers for Disease Control and Prevention ("CDC") has issued similar guidance and considerations.

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Mike Caston Mike Caston

Employers: It is Time to Update Your Employee Handbook

The United States Supreme Court ended its Term in June 2020, with a landmark ruling that applies to all employers across the country with 15 or more employees – and it applies immediately. In Bostock v. Clayton County , the Court concluded that an employer violates Title VII's "because of sex" provision if the employer takes an adverse job action against an employee for being homosexual or transgender.

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Mike Caston Mike Caston

Drug Sample Distribution to Patients' Home Amid COVID-19

As a result of the Coronavirus Disease 2019 (COVID-19) public health emergency, the Food and Drug Administration (FDA) has been actively promulgating nonbinding recommendations to address a litany of issues that have surfaced in the wake of the global pandemic

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Mike Caston Mike Caston

Paycheck Protection Program Flexibility Act Brings Added Relief to Small Businesses

In the wake of COVID-19's harmful economic impact on several individuals and businesses, the federal government passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act.1 This legislation created, among other economic boosts, the Paycheck Protection Program (PPP), a $349 billion loan program made available through the Small Business Administration (SBA).

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