February 19, 2021
As companies continue to grapple with the COVID-19 pandemic’s impact on their businesses and the consequential loss of income suffered as a result of interruptions and/or shutdowns to their operations, policyholders should be aware of a number of key factors that could affect its ability to bring suit against its insurer.
Suit Limitation Clauses
An important stipulation within first-party policies (property, business interruption, event cancellation, etc.) to be cognizant of are suit limitation clauses. First-party insurance policies typically contain a clause entitled “legal action against us” or “suit against us” that outlines time restrictions imposed by the policy in permitting suits to be brought to contest a coverage position. Such provisions can vary by policy, but may be as restrictive as limiting suits to be brought within one year of the inception of a loss. Read more…
February 12, 2021
The application of artificial intelligence technologies to health care delivery, coding and population management may profoundly alter the manner in which clinicians and others interact with patients, and seek reimbursement. While on one hand, AI may promote better treatment decisions and streamline onerous coding and claims submission, there are risks associated with unintended bias that may be lurking in the algorithms. AI is trained on data. To the extent that data encodes historical bias, that bias may cause unintended errors when applied to new patients. This can result in errors in utilization management, coding, billing and healthcare delivery.
February 10, 2021
Onset of COVID 19 pandemic created an urgency in provision of medical services to remote areas through digital and online means and adoption of technology. Prior to March 25, 2020, there was no single consolidated regulation or guideline in India which dealt with the practice of telemedicine. Telemedicine was accordingly governed by the same statutes that govern the ‘practice of medicine’ in India such as Indian Medical Council Act, 1956 (as superseded by the National Medical Commission Act, 2019, the “IMC Act”) and the subsequent rules and regulations issued thereunder.
February 10, 2021
The 117th Congressional health care agenda, including COVID-19 related action, will require 60 votes in the Senate or passage through budget reconciliation. In the Diagnosing Health Care Podcast, attorneys Mark Lutes, Philo Hall, and Timothy Murphy discuss the prospects for additional coronavirus relief and what that would mean for stakeholders, as well as the possibility for coverage expansion through changes to the Affordable Care Act or Medicaid.
February 10, 2021
The COVID-19 pandemic has changed dining habits across the world, as governments have shut down and restricted indoor and outdoor dining. Even where restrictions have eased, many avoid sit-down dining out of concern for COVID-19 exposure and rely on take-away for their restaurant meals. Clearly, the COVID-19 pandemic has limited dining options.
February 8, 2021
After a Congressional override of a Presidential veto, the National Defense Authorization Act became law on January 1, 2021 (NDAA). Notably, the NDAA not only provides appropriations for military and defense purposes but, under Division E, it also includes the most significant U.S. legislation concerning artificial intelligence (AI) to date: The National Artificial Intelligence Initiative Act of 2020 (NAIIA).
February 3, 2021
This Diagnosing Health Care Podcast episode dives into the growth of physician practices accepting risk-based payments from health plans and examines why these practices are attractive to investors. Special guest Jason Madden, Managing Director at Accordion, and Epstein Becker Green attorneys Joshua Freemire, Jason Christ, and Tim Murphy, discuss the health regulatory considerations investors must assess when evaluating investment opportunities with physician practices accepting risk-based payments.
January 27, 2021
As featured in #WorkforceWednesday: In early January, the Equal Employment Opportunity Commission (EEOC) issued proposed rules on using incentives to encourage employee participation in wellness programs. While we don’t know exactly how President Biden’s EEOC will adjust the proposed rules, attorney Frank Morris explains why employers should keep the rules in mind when offering incentives to employees for COVID-19 vaccination. Read more.
January 26, 2021
With COVID-19 remaining the key issue of the day, many of our clients have asked whether they can still create or amend their wills or powers of attorney during the national lockdown. The Law Society of Scotland has issued temporary guidance for the duration of the pandemic, meaning that the simple answer is yes. While our offices may be closed for the time being, Miller Samuel Hill Brown remains available to assist all of your Private Client needs. Read more…
January 25, 2021
On December 21, 2020, Congress passed the Consolidated Appropriations Act of 2021 (CAA) which modifies or extends to March 14, 2021 many of the relief programs first created in March 2020 by the Coronavirus Aid, Relief and Economic Security Act (CARES Act), including three expanded unemployment insurance benefits programs (which we previously blogged about here) and a new benefit program for “mixed earners”. We provide here a summary of the updates to those programs.