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Florida Appeals Court Hands Down Major PSQIA Victory for Healthcare Providers
PA Superior Court Affirms Hospital Authority Over Physician Credentialing and Quality of Care in Ivermectin Reversal
HHS Issues Guidance Regarding Privacy of Reproductive Health Information
Pennsylvania Department of State Announces Early Termination of COVID-19 Licensure Waivers
Court Finds Pennsylvania MCARE Privilege Inapplicable
Pennsylvania Extends Key COVID-19 Waivers Through June 30, 2022
"Black Robes, Not White Coats”: Defending Against Hospital Ivermectin Litigation in 2022
A Unanimous Pennsylvania Supreme Court Decides Leadbitter in Hospital’s Favor
On August 17, 2021, the Pennsylvania Supreme Court issued its long-awaited decision in Leadbitter v. Keystone Anesthesia Consultants, No. 19 WAP 2020, holding that (i) a hospital’s credentials committee qualifies as a “review committee” for purposes of the Peer Review Protection Act (“PRPA”) to the extent it undertakes peer review, and (ii) the federal Health Care Quality and Improvement Act of 1986 (HCQIA) protects from disclosure the responses provided by the National Practitioner Data Bank (NPDB) to queries submitted to it, regardless of any contrary state law.
PA COVID-19 Regulatory Waivers Scheduled to Expire on September 30, 2021
On June 10, 2021, the Pennsylvania legislature voted to end Pennsylvania’s COVID-19 emergency disaster declaration, which had been in effect since March 6, 2020. The vote would have also terminated the hundreds of COVID-19 regulatory waivers authorized under the emergency disaster declaration, but a last minute deal resulted in a bill extending the regulatory waivers until September 30, 2021.
HHS Issues “Final Interim Rule” Implementing the No Surprises Act
On July 1, 2021, the Biden administration, through the U.S. Departments of Health and Human Services (HHS), Labor, and Treasury, issued “Requirements Related to Surprise Billing: Part I,” an interim final rule implementing the No Surprises Act. Those provisions relevant to health care providers will be set forth at 45 C.F.R. part 149. They apply to health care providers beginning January 1, 2022.
Pennsylvania Amends MCARE Informed Consent Provisions
PA SB 425, a bill amending the MCARE Act, 40 P.S. § 1303.504 (“MCARE”), has been signed into law by Governor Wolf, providing much-needed clarity for Pennsylvania’s health care providers by expanding the types of practitioners that can obtain informed consent.
Ruling on Ungurian PSQIA Review Petition Held Up Pending Leadbitter Decision
On December 16, 2020, the Pennsylvania Supreme Court issued an order holding its decision on the Petition for Review filed in Ungurian v. Beyzman, pending the release of its decision in Leadbitter v. Keystone Anesthesia Consultants.