In this digital age, it seems that everything is being recorded. Audio and video recording of ballgames, meetings and birthday parties with a cell phone is the norm. However, what about a patient’s office visit or a surgical procedure when the patient is under anesthesia? Can a patient in Indiana record these encounters? Should physicians and other...Read More

Two federal appeals court issued conflicting rulings today on whether the government could offer subsidies in the form of tax credits on health insurance premiums for people in approximately 36 states who purchased insurance on federally-run exchanges under the Affordable Care Act. U.S. Court of Appeals for the District of Columbia Circuit:  Government CANNOT Subsidize...Read More

Ever increasing demands are being placed on the American health care industry by our growing population and the complexity of medicine. In response, our health care system is seeing an explosion in the ancillary health care professions, including advanced practice nurses. In Indiana, an advanced practice nurse (APN) may be authorized by law to independently evaluate...Read More

The Supreme Court ruled earlier this week 5-4 in favor of Hobby Lobby Stores, Inc. and Conestoga Wood Specialties Corp. in the case of Burwell v. Hobby Lobby (formerly named Sebelius v. Hobby Lobby). The case was the strongest legal challenge to the Affordable Care Act since 2012. The case concerned the Department of Health and Human Services...Read More

The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) established a national Health Care Fraud and Abuse Control Program (“HCFAC”) under the joint direction of the Department of Justice (“DOJ”) and the Department of Health and Human Services (“HHS”). HCFAC coordinates federal, state and local enforcement actions designed to “prevent future abuse” and to...Read More

When the Health Insurance Portability and Accountability Act “HIPAA” was implemented, it was designed to regulate “covered entities” such as health care providers, hospitals and health insurance companies.  Because of this limited regulation, many entities with access to “protected health information” or “PHI” were outside the scope of HIPAA.  Those “non-covered” entities included data storage...Read More

Ever since the signing into law of the Indiana Medical Malpractice Act (MMA) by Governor Otis Bowen in 1975, physicians and other health care providers in Indiana have had no worries about potential exposure of their personal assets as the result of a judgment in favor of a patient in a medical malpractice lawsuit. This...Read More

The Obama Administration made a surprise announcement yesterday that implementation of the new employer and insurer reporting requirements under the Affordable Care Act (ACA) has been postponed. Planned to commence on January 1, 2014, implementation of the large employer penalty and related employer mandate have been pushed back one year. This means that employers and/or...Read More

KDDK attorneys Steven M. Theising and Ashley R. Bess today gave approximately 75 local business representatives a “reality check” as deadlines related to the Patient Protection and Affordable Care Act approach. Among many key topics addressed were coverage changes, the individual mandate, health insurance exchanges, the employer mandate, and taxes, credits and fees for individuals...Read More

Deadlines related to healthcare reform in Indiana are rapidly approaching.  Is your business ready?  (Are you sure?)  If not, there’s still time to register for a FREE business seminar re: the Patient Protection and Affordable Care Act presented by KDDK attorneys Steven M. Theising and Ashley R. Bess. Sponsored by WorkOne Southwest and the Gibson...Read More