Healthcare entities that diligently monitor medical staff members and take timely actions to protect patients from substandard care are entitled to immunity from frivolous and retaliatory claims if the healthcare entity engaged in a good faith peer review pursuant to the Health Care Quality Improvement Act of 1986 (HCQIA). The HCQIA was enacted to encourage
The Supreme Court of South Carolina has ruled that the state constitutional protection against “unreasonable invasions of privacy” includes a woman’s right to choose an abortion. In Planned Parenthood South Atlantic v. State of Carolina, the Court found that the Fetal Heartbeat and Protection Act violated Article I, Section 10, of the South Carolina
The COVID-19 pandemic created a paradigm shift in the world of telehealth and telemedicine by presenting challenges and opportunities to expand the delivery methods used to access healthcare. With the continued advancement of the technology behind it, telemedicine offered opportunities for healthcare practitioners to practice medicine across state lines when the patient was in a
In today’s post-Roe world, women living in states where abortion is illegal have begun to search for alternative options when seeking abortion services. Regulatory policies and state laws, which have not previously had to account for these alternatives, are now impacted by the unprecedented means being used to increase access.
At present, more than
In the 100 days since Dobbs v. Jackson Women’s Health Organization was decided, the abortion bans that have gone into effect in more than a dozen states have resulted in nearly 30 million women of reproductive age now living in a state where abortion services are banned. In response, the federal government has continued its
Noncompete agreements and restrictive covenants have increasingly become the subject of scrutiny, and within the healthcare sector the use of these agreements remains both highly controversial and highly litigated. Greenbaum attorneys Jessica M. Carroll and John Zen Jackson analyze these issues, including related activity on the legislative front and the potential impact of federal antitrust
On the heels of the Dobbs decision overruling Roe v. Wade, President Joe Biden directed the Secretary of Health and Human Services (HHS) to provide guidance under the Health Insurance Portability and Accountability Act (HIPAA) and other statutes to protect reproductive rights and abortion access by strengthening “the protection of sensitive information related to reproductive
In response to the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization and the resulting laws enacted in several states to prohibit abortions, New Jersey has passed new laws designed to protect individuals who visit New Jersey seeking reproductive healthcare services, in addition to the medical providers who provide them with care
The U.S. Department of Health and Human Services (HHS) recently announced a proposed rule to strengthen nondiscrimination in healthcare by advancing health equity and reducing disparity. Entitled “Nondiscrimination in Health Programs and Activities,” the proposed rule revises Section 1557 of the Affordable Care Act (ACA) and also includes proposals to provisions in the
On July 11, 2022, at the direction of the U.S. Department of Health and Human Services (HHS), the Centers for Medicare & Medicaid Services (CMS) issued a memorandum to State Survey Agency Directors reminding them of their continuing federal obligations under the Emergency Medical Treatment and Labor Act (EMTALA) when treating pregnant patients.
The guidance