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Under New Hospital Cost Transparency Requirements, Is the Cost of Noncompliance Now Too Much?

By: Brandon W. Shirley and Thomas N. Hutchinson on August 11, 2021

The Centers for Medicare and Medicaid Services (“CMS”) is prepared to increase hospital cost transparency penalties for noncompliance established under prior rules beginning January 1, 2022. In a proposed rule published on July 19, 2021, CMS proposed several new requirements that include: 1) basing…

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Indiana’s New Advanced Health Care Directive

By: Rodney S. Retzner, Thomas N. Hutchinson, and Micah J. Nichols on August 10, 2021

On July 1, 2021, Indiana significantly broadened the options for an individual to make health care wishes known through an “Advanced Directive for Health Care Decisions” (an “Advanced Directive”). Senate Enrolled Act No. 204 (“SEA 204”), effective as of July 1, allows individuals to make their…

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Senate Appropriations Committee Votes to Expand Vet Access to Medicinal Cannabis

By: Kendall A. Schnurpel and on August 9, 2021

On Wednesday, August 4, 2021, the Senate Appropriations Committee approved an amendment to the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2022 (“2022 VA Appropriations Bill”) that would allow doctors with the Department of Veterans Affairs (“VA”) to recommend…

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The Continuation of Long Term Care Provider Waivers

By: Meghan M. Linvill McNab and Thomas N. Hutchinson on August 6, 2021

On July 29, 2021, Governor Holcomb renewed the public health emergency (“PHE”) for another 30-day period, set to expire on August 30, 2021 unless otherwise withdrawn or further renewed. 

The Indiana Department of Health (“IDOH”) has published a series of emergency orders waiving certain requirements…

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Vaccine Verdict: 7th Circuit Declares Indiana University’s Vaccine Mandate Constitutional

By: and Virginia A. Talley on August 6, 2021

The 7th Circuit Court of Appeals (the “Court”) recently issued a unanimous appellate decision in Klassen, et al. v. Trustees of Indiana University, ruling that Indiana University’s (the “University”) COVID-19 vaccine mandate (the “Mandate”) did not violate any constitutional right. The University…

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Biden Administration Issues Executive Order on Promoting Competition (Podcast)

By: Scott S. Morrisson, Elizabeth M. Roberson, and George C. Lepeniotis on July 21, 2021

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Don’t Be Caught by Surprise! Prepare for New Medical Surprise Billing Laws Effective January 1, 2022

By: Brandon W. Shirley on July 15, 2021

On July 1, 2021, several federal regulatory departments took their first steps toward finalizing new regulations implementing a new federal law that eliminates surprise medical bills. The law, the No Surprises Act, attempts to achieve that objective by changing the way out-of-network providers seek…

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Congress Reintroduces Marijuana Data Collection Act: Reevaluating Federal Marijuana Policy

By: and Kendall A. Schnurpel on June 28, 2021

Through a bipartisan effort, the Marijuana Data Collection Act (MDCA) was recently reintroduced into the U.S. Congress. Senator Bob Menendez (D-NJ) introduced the MDCA in the Senate, cosponsored by Senator Rand Paul (R-KY). Reps. Sylvia Garcia (D-TX) and Don Young (R-AK) introduced the MDCA in the…

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COVID-19 Vaccination Mandates in the Workplace (Podcast)

By: Amy J. Adolay and George C. Lepeniotis on June 21, 2021

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Balancing Patient Privacy with Access to Electronic Medical Records Could Trigger Medical Malpractice Liability

By: Robert A. Anderson, Stephanie T. Eckerle, and Katelyn E. Doering on June 14, 2021

The Indiana Court of Appeals recently held that clinic policies relating to physician access to an electronic medical record system were not general negligence allegations but were subject to the Indiana Medical Malpractice Act. In Rossner v. Take Care Health Systems, LLC, the Court affirmed the…

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Veterans Medical Marijuana Bills Introduced Ahead of Military Appreciation Month

By: Kendall A. Schnurpel and on May 7, 2021

May is National Military Appreciation Month in the U.S. and several members of Congress are trying to address a hurdle that many of our service men and women face in utilizing state-legal medical cannabis as a result of ongoing federal prohibition. First, on April 15, 2021, the Veterans Medical…

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Constant Vigilance! Recent Microsoft Exchange Hack Reveals the High Cost of Letting Your Guard Down.

By: Brandon W. Shirley and Shelley M. Jackson on April 20, 2021

In March 2021 the Microsoft threat center announced a significant cyberattack that affected certain Microsoft Exchange users with on-premises servers throughout the world. For at least two months, hackers apparently successfully exploited vulnerabilities in the Microsoft Exchange system, giving…

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