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Healthcare

INDUSTRY TEAM


Robert
Atkinson

Danielle
Borel

Robert
Bowsher


Peter
Butler, Jr.

Jeanne
Comeaux

Clay
Countryman


Gregory
Frost

Judith
Giorlando

Emily
Grey


Michael
Hubbell

Carrie
Jones

Eric
Landry


Michael
Luquet

Eve
Masinter

Van
Mayhall, Jr.


Catherine
Moore

Richard
Passler

Claude
Reynaud, Jr.


Melissa
Shirley

Thomas
Temple, Jr.

Joseph
Titone


Christopher
Vidrine

B. Troy
Villa

Douglas
Williams

Team Leader:
Emily Grey

Contact Information:
(225) 381-8011
emily.grey@bswllp.com

Everyone has an opinion about healthcare. While they’re talking, our team is in the trenches helping hospitals, insurers, physician groups, regulatory bodies and other clients negotiate matters from acquisitions, licensing and managed care arrangements to informed consent and medical records issues.

 

Ebola Preparedness Resource Center

BSW Health Law Blog

 

Publications:

Recent OIG Advisory Opinions Address Physician Business Relationships with Hospitals and Physician Practices
October 2023

Louisiana Passes Act No. 247 on Allowable Fees for Public Record Requests
July 2023

CMS Ramping Up Hospital Price Transparency Enforcement
May 2023

Fraud And Abuse Trends In Health Care - Something Old, Something New
March 2023

Update to National Practitioner Data Bank Reporting Codes
The Examiner, Vol. 32, No. 1 (2023) - Louisiana State Board of Nursing, January 2023

CMS Finalizes New Medicare Provider Type: Rural Emergency Hospitals
November 2022

No Surprises Act Update: Louisiana Enforcement
November 2022

Dentist and His Companies Pay More Than $750,000 for Medically Unnecessary Medicaid Services
October 2022

Take Advantage of Louisiana Law to Protect Your Practice
September 2022

AHLA Clinical Trial Agreement Toolkit, 2022 edition
June, 2022

Patient's Right to Access Their Records - HIPAA and State Law
Louisiana Dental Association Journal, May 2022

10 Things to Know About Government Investigations of Dental Providers
04/26/2022

CMS Issues New No Surprises Act FAQS on Good Faith Estimates and the Overall Requirements and Exceptions for Healthcare Providers
04/14/2022

Update on Act 444 as it Relates to Nurse Practitioners Authority to Recommend Medical Marijuana
The Examiner, Vol. 31, No. 4 (2022) - Louisiana State Board of Nursing, April 2022

Discipline and the Nurse Licensure Compact
The Examiner, Vol. 31, No. 3 (2022) - Louisiana State Board of Nursing, March 2022

FDA Revises Health System Compounding Guidance, Implementing a More Practical Approach
February 2022

Disciplinary Action and Its Impact on Eligibility to Hold a Multistate License
The Examiner, Vol. 31, No. 1 (2022) - Louisiana State Board of Nursing, January 2022

HHS Proposed Rule Implements New Air Ambulance Reporting Requirements
September 2021

An Overview of the New Rural Emergency Hospital Medicare Designation
July 2021

HHS Releases New Requirements Related to Surprise Billing
July 2021

Enforcement Trends to Expect Post-Lockdown
June 2021

Register Early for YLD Conference on May 14; Awards to Be Presented
Louisiana Bar Journal, April/May 2021

Healthcare Licensees Should be Aware of Criminals Posing as Law Enforcement and Licensing Boards
Healthcare Journal of New Orleans, March/April 2021

OCR's "Right of Access" Enforcement Still Going Strong after Sixteenth Settlement to Date
April 2021

The LSBN is Required to Report Adverse Action to the National Practitioner Data Bank
The Examiner, Vol. 30, No. 3 (2021) - Louisiana State Board of Nursing, March 2021

Virtual Seminar a Success; May 14 Conference is Next
Louisiana Bar Journal, February/March 2021

Despite Disruptions, YLD Programming Goes On!
Louisiana Bar Journal, December 2020/January 2021

Recent Exception to Single IRB Review Mandate Provides Research Institutions Flexibility During COVID-19 Pandemic
December 2020

The Importance of Mentoring: Sign Up for TIP
Louisiana Bar Journal, October/November 2020

CMS Withdraws Proposed MFAR Rule
September 2020

Navigating a New Normal: Involvement in YLD Projects
Louisiana Bar Journal, August/September 2020

HHS Announces $10 Billion in Additional Funding to Hospitals in High Impact COVID-19 Areas
07/22/2020

YLD Council Will Pursue, Expand, Rework Programming in Light of COVID-19
Louisiana Bar Journal, June 2020

The New World of House Calls: Telehealth, COVID19, Fraud, and the Anti-Kickback Statute.
May 2020

CARES Act Relief: Conditions, Compliance, and Potential Whistleblower Complaints
April 2020

COVID-19 Louisiana Update: Louisiana Department of Health Issues Clarifications to Directives Impacting Elective Medical and Dental Procedures and Other Healthcare Services
04/27/2020

Louisiana Will Loosen Restrictions on Non-Emergency Healthcare Services Starting April 27, 2020
April 2020

COVID-19 UPDATE: CMS Issues Recommendations to Re-Open Health Care Systems to Follow up Previous Guidance on Non-Essential Surgical Procedures
04/21/2020

Covid -19 ASC Update: CMS Issues Guidance For Ambulatory Surgery Centers Enrolling As Hospitals During The Covid-19 Pandemic
April 2020

Clinical Research - Government and Industry Team to Provide Hope in the Crisis
March 2020

Federal and Louisiana State Directives on Elective Surgeries and Procedures During the Covid-19 Pandemic Continue to Evolve
March 2020

HIPAA - COVID-19 Update
March 2020

TELEHEALTH - COVID-19 Updates
March 2020

Families First Coronavirus Response Act Summary--Employer Provisions
March 2020

It's Time to Dust-off the "Force Majeure" Clause in your Contract
March 2020

HHS Issues Blanket Waivers on Several Regulatory Requirements Including Professional Licensure, EMTALA, and Certain HIPAA Privacy Requirements
03/17/2020

CMS Issues First Round of Blanket Waivers for Hospitals and Other Healthcare Facilities to Provide Regulatory Flexibility to Help Healthcare Providers Contain the Spread of COVID-19
03/17/2020

LSBN's Role in the Legislative Process and the Need for Active Involvement from Nursing Professionals and Associations
The Examiner, Vol. 29, No. 3 (2020) - Louisiana State Board of Nursing, March 2020

HIPAA $6.50 Copy Fee Limitation Does Not Apply to Lawyers and Other Third Party Record Requests
February 2020

Breazeale, Sachse and Wilson, L.L.P. ranked in 2020 "Best Law Firms"
11/01/2019

Proposed Revisions to the Anti-Kickback Statute: An Overview
October 2019

Substantial Changes Proposed to the Stark Law and Anti-Kickback Statute Regulations to Address Regulatory Burdens and Value-Based Care Arrangements
October 2019

CMS Announces Initiative to Enhance Nursing Home Transparency
October 2019

CMS Finalizes DSH Medicaid Payment Reductions
October 2019

Nine Tips For Hospitals On Bayou Health Plan Agreements
September 2019

This Summer's Healthcare Enforcement Trends
September 2019

False Claim Act Cases and Settlements Involving Hospital Financial Relationships with Referring Physicians
June 2019

The Supreme Court Clarifies the Statute of Limitations for Qui Tam Cases Brought Under the False Claims Act in Cochise Consultancy, Inc. v. United States ex rel. Hunt
May 2019

Surprise Medical Bills - Trump Administration Weighs in
May 2019

CMS Announces New Ambulance Emergency Triage, Treat and Transport Payment Model
February 2019

Texas Judge Rules Obamacare (ACA) Invalid
January 2019

Florida Hospitalist Group Pays $500,000 to Settle Potential HIPAA Violations
December 2018

The CMS Special Focus Facility Initiative
November 2018

$10M False Claims Act Settlement Serves as a Reminder for Skilled Nursing Facilities
November 2018

Patience is a Virtue, an Administrative Hearing is a Right: Fifth Circuit Creates Possibility of Enjoining Recoupment
May 2018

CMS Terminates Medicare Provider Agreement For Failing to be "Primarily Engaged" in Providing Services to Inpatients
May 2018

The Perfect Storm: A Convergence of Unpaid Rest Breaks, The FLSA and FMLA
May 2018

Imported Drugs and Medical Devices: Physicians Face Significant Liability for Purchasing Imported Drugs and Medical Devices
April 2016

Hot Off the Presses! CMS Issues Final Overpayment Regulations
February 2016

Recent False Claims Act Settlements Based on Hospital-Physician Compensation Arrangements
January 2016

HIPAA Amendment Purports to Strengthen the National Instant Criminal Background Check System (NICS) - Part II
January 2016

HIPAA Amendment Purports to Strengthen the National Instant Criminal Background Check System (NICS) - Part I
January 2016

Recent False Claims Act Settlements Based on Allegations of Improper and Excessive Hospital-Physician Compensation
December 2015

OIG Issues Advisory Opinion on Charitable Organization Providing Financial Support for Patients
12/1/2015

False Claims Act & Stark Law Update: United States ex rel. Drakeford v. Tuomey Healthcare System
Health Law, American Bar Association Young Lawyers Division, October 2015

King v. Burwell Decision Maintains Status Quo
August 2015

Get Ready the Minimum Required Salary for an Exempt Employee is About to Double
August 2015

CMS Issues Proposed Stark Law Changes in the Proposed 2016 Medicare Physician Fee Schedule
August 2015

King v. Burwell: Supreme Court Upholds Federal Exchanges
June 2015

AHLA Best Practice Guide for Practice Group Leaders
American Health Lawyers Association, contributing author, May 2015

New York Whistleblower Court First to Address What It Means to Identify Overpayment under ACA's 60 Day Rule
January 2015

Louisiana Governmental Ethics with a Healthcare Twist
December 2014

The Intersection of HIPAA and Negligence: Pharmacist's Violation Cost Walgreens $1.44 Million
December 2014

Land of Oz: Spoliation of Evidence in Louisiana, 74 LA. L. REV. 507
September 2014

Washington State Court Holds Psychiatric Boarding Unlawful, and State Scrambles to Comply with New Mandate
Louisiana Hospital Association's Impact Lawbrief, August 2014

Louisiana Legislature Paves the Way for Telehealth Opportunities
August 2014

Recent False Claims Act Case Involving Hospitalists' Services Includes Allegations that Company's Compliance Program and Corporate Officers Had Knowledge of Upcoding
July 2014

Update on APRN Supervision Rules for Hospitals with Physician Practices
Louisiana Hospital Association's Impact Lawbrief, August 2014

Non-Profit Health Care System Agrees to $800,000 HIPAA Settlement in Medical Records Dumping Case
June 2014

CMS Releases Proposed Emergency Preparedness CoP Regulations
Hospitals & Health Systems Rx, American Health Lawyers Association, May 2014

CMS Releases Proposed Emergency Preparedness CoP Regulations
Louisiana Hospital Association's Impact Lawbrief, April 2014

Louisiana Medical Treatment Guidelines Update
January 2014

The Grassley and Vitter Amendments and What They Illuminate About the Cost of Health Insurance
December 2013

BSW Health Law Blog
August 2013

OIG Issues Advisory Opinion 13-09 on Ownership Interests in Group Purchasing Organization By Hospital and Other Providers
August 2013

Health Care Reform Update: White House Extends Employer Coverage Mandate to 2015
July 2013

Wellness Programs in the Workplace: New Rules and Opportunities for Employers, Louisiana Medical News
July 2013

Sunset on the Horizon - The Impending Expiration of the Stark EHR Exceptions
LHA Impact Law Brief, April 2013

OIG Issues Warning to Hospitals and Other Providers In Special Fraud Alert on Physician-Owned Distributorships for Implantable Medical Devices
April 2013

Another Band-Aid for Medicare Reimbursement: The Fiscal Cliff 'Doc Fix'
Louisiana Ledger: Journal of Louisiana Healthcare Financial Management Association, January 2013

HHS Issues HIPAA Omnibus Rule
Louisiana Hospital Association Impact Law Brief, January 2013

Trade Secret Protection in the Healthcare Industry - Fact or Fiction?
Louisiana Medical News, December 2012

Realignment in the Age of Healthcare Reform - Part I - Not-For Profit and Service District Hospitals
November 2012

Crowdfunding: A New Opportunity to Raise Business Capital
August 2012

Louisiana Supreme Court Affirms Constitutionality of the Medical Malpractice Cap on Damages for the First time in Nearly 20 Years
Louisiana Hospital Association's Impact Lawbrief, July 2012

Affordable Care Act Found Constitutional by Supreme Court
Louisiana Hospital Association's Impact Lawbrief, June 2012

Real Estate Leasing in the Healthcare Industry: Understanding the Stark and Anti-Kickback Laws
Louisiana Medical News, June 2012

Physician Medicaid Supplemental Payments—Deadline for Initial Claims and Other Issues
June 2012

CMS Changes to Conditions of Participation Are Effective July 16, 2012
Louisiana Hospital Association's Impact Lawbrief, June 2012

The $5 Million Question - Are You Complying with Section 6032 of the DRA?
Louisiana Hospital Association's Impact Lawbrief, May 2012

Federal Appeals Court Overturns $45 Million Judgment Against Hospital Based On Stark Law Violations
Louisiana Hospital Association Impact Monthly Newsletter, April 2012

Get Your 855s Ready - New Forms Are Up Just In Time for the CMS Revalidation Project
March 2012

Claims Data Sharing and HIPAA Privacy Compliance: Key Components for ACOs and Other Provider Networks
Louisiana Hospital Association Impact Monthly Newsletter, February 2012

OIG Issues Favorable Opinion on Online Medical Information Sharing and Referral Database Service
Louisiana Hospital Association Impact Monthly Newsletter, January 2012

Physician Non-Compete Agreements - Are They Enforceable in Louisiana?
January 2012

OIG Issues Favorable Advisory Opinion on Neurology Telemedicine Arrangement
Louisiana Hospital Association Impact Monthly Newsletter, September 2011

Medical Equipment: Component Parts: What Are They?
Louisiana Medical News, February 2011

CMS Seeks Comment on How EMTALA Should Apply to Inpatients and Hospitals with Specialized Capabilities
January 2011

CMS' Stark Self-Disclosure Protocols: The Who, What, When, Where, Why and How of the New Process
September 2010

Healthcare Reform Adds New Requirements for Charitable Hospitals
August 2010

CMS Unveils Medicare Physician Fee Schedule Proposed Rule: New Disclosure Requirements Clarified
July 2010

Grandfathered Health Plans Under the Patient Protection and Affordable Care Act: Maintaining Grandfathered Status Under the Interim Rules
July 2010

Producer Compensation, Rebates/Inducements and Value-Added Services
July 2010

GINA: Protecting Genetic Information
February 2010

Recent First Circuit Ruling Could Mean Tax Refunds for Healthcare Providers
January 2010

Allegations Of Driving An Ambulance Too Slowly Are Within The Scope Of The Louisiana Medical Malpractice Act
December 2009

The Louisiana Fifth Circuit Court of Appeal Has Held that the Louisiana Patient's Compensation Fund's Filing Fee is Constitutional
December 2009

When Should Hospitals Report Crime?
June 2009

6th Circuit Decision Broadens Scope of EMTALA and Liability for Hospitals
May 2009

Recent FMLA Changes Affect Healthcare Providers
January 2009

OIG Releases 2009 Work Plan
October 2008

Landmark Peer Review Ruling - Fifth Circuit Reverses Poliner
September 2008

LDEQ Initiates Unannounced Compliance Inspections
May 2008

Evanston-A Departure from Structural Remedies
April 2008

LaCoste v. Pendleton Methodist Hospital, LLC and the Futility of the Coleman Factors
October 2007

Supreme Court Again Rules a Patient's Injury Falls Outside the Medical Malpractice Act
August 2007