On April 4, 2018, Nebraska Governor Pete Ricketts placed another tool in the box of the State’s efforts to fight abuse of prescription opioids by signing LB 931. The new law places several requirements on health care practitioners to help stem the rising tide of abuse of prescription opioids. The […]
Health Law Alert
LB 439: New Requirements under Nebraska’s Assisted-Living Facility Act
LB 439, which makes a number of changes to Nebraska’s Assisted-Living Facility Act (the “Act”), was recently passed by the Nebraska Legislature and signed by Governor Ricketts. The bill goes into effect on July 19, 2018, so it would be prudent for an assisted-living facility to review the bill now […]
Frustration Grows Over ALJ Backlog—Could CMS Do More?
We recently reported on the “Low Volume Appeals (LVA) Settlement” process initiated by the Centers for Medicare and Medicare (CMS) that was implemented during March and April 2018. (See February 2, 2018 Health Law Advisory.) Many, including the American Hospital Association (AHA), have asserted that the LVA process is insufficient […]
Secretary Azar Wants “Value-Based Transformation” of Health Care Industry
Secretary of Health and Human Services Alex Azar has put the health care industry on notice that he intends to seek what he terms a “value-based transformation” of the American health care system. The former pharmaceuticals executive wasted no time after his January 2018 confirmation in making price transparency one […]
Federal District Court Declines to Expand EMTALA to Cover Complications Following Scheduled Inpatient Surgery
In Gilmore v. Holland, decided in February 2018, the U.S. District Court for the Middle District of Pennsylvania held that the Emergency Medical Treatment and Labor Act (“EMTALA”) does not apply to a patient who has been admitted for an inpatient procedure who develops post-surgery complications. In his complaint, Mr. […]