Topic: Health Care

Health IT Update – Reconciling HHS’ Recent Proposed Rules Concerning Electronic Health Information with Connecticut’s Information Blocking Statute

Connecticut healthcare providers should give heed to three sets of recently proposed rules issued by the U.S. Department of Health & Human Services (HHS) interpreting some of the federal laws relating to electronic health record systems (EHRs) and prohibiting illegal restrictions on the use of electronic health information (EHI). The proposed rules are especially important…

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Regulatory Update: New Connecticut Statutes Affecting Health Care Providers

The 2019 legislative session of the Connecticut General Assembly produced a number of new statutes that impact hospitals and other health care providers, many of which are scheduled to take effect on October 1. These Public Acts add new disclosure and testing requirements for hospitals, expand the responsibilities and regulation of non-physician practitioners and continue…

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COVENANTS NOT TO COMPETE ARE PROHIBITED IN CONNECTICUT FOR HOME HEALTH BUSINESSES

Just as the Connecticut legislature was about to vote on the budget this spring, a small provision was dropped into the budget bill. The provision, Section 305 of Public Act 19-117, states that “any covenant not to compete is against public policy and shall be void and unenforceable.” For purposes of this provision, “covenant not…

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The Potential Impact of the Conscience Rule on Connecticut Health Care Providers

On May 2, 2019 the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued a controversial final rule, referred to as the “Conscience Rule.” If implemented, this rule would expand OCR’s enforcement authority over approximately two dozen existing laws shielding health care providers, individuals, and health care entities from having…

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2018 Round-Up: Key Connecticut Court Decisions Impacting Health Care Providers

Pullman & Comley’s annual review of significant case law affecting Connecticut health care providers (click here to view) highlights important decisions issued in 2018 by Connecticut state courts and the federal District Court in Connecticut. In 2018, the Connecticut Supreme Court issued three noteworthy decisions that: created a private cause of action for breach of…

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Regulatory Reminder: New CT Health Care Laws Effective October 1

A number of new statutes affecting hospitals and other health care providers were enacted during the past legislative session. To help remind the health care industry of the changes ahead, we’ve highlighted below some of the key pieces of legislation that are scheduled to take effect on October 1, 2018: Urgent Care Centers (PA 18-149)…

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CT Supreme Court Holds Hospital Vicariously Liable for Negligence of Surgical Resident

Following its 2016 decision in Cefaratti v. Aranow, where a hospital was held to be vicariously liable for the negligence of a non-employee physician who held hospital privileges, the Supreme Court of Connecticut recently decided that there was sufficient evidence to find a teaching hospital vicariously liable for the negligence of a surgical resident during…

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BREAKING….SUPREME COURT ISSUES DECISION IN JANUS V. AFSCME CO. 31 – AGENCY SHOP DEEMED UNCONSTITUTIONAL AND AGENCY FEES MAY NOT BE CONTINUALLY DEDUCTED WITHOUT AFFIRMATIVE EMPLOYEE CONSENT

The wait is over. For better or worse, this morning the United States Supreme Court issued what may well prove to be the most important public-sector labor law decision of the last 50 years.  By a 5-4 majority the Supreme Court’s conservatives in an opinion authored by Justice Alito have held in Janus v. AFSCME…

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No Such Thing As A Free Lunch: A Compliance Warning on Lavish Entertainment and Bogus Educational Meetings

Health care practitioners should need no reminder that government authorities closely scrutinize practitioner relationships with the medical device and pharmaceutical industries. Reports of payments under the federal Physician Sunshine Act represent just one way the authorities become aware of payments to practitioners. Still, a recent settlement under the Anti-Kickback Statute concerning physician entertainment expenses is…

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2017 Round-Up: Key Decisions Affecting Connecticut Health Care Providers

Pullman & Comley’s annual review of significant case law affecting Connecticut health care providers (click here to view) summarizes a number of important decisions issued in 2017 by Connecticut state courts and the federal District Court in Connecticut. Among the 2017 highlights are state court decisions addressing informed consent; exceptions to the physician-patient privilege; and…

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