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No More Mileage Radius?

Proposed Revisions to Missouri Collaborative Practice Agreements with Nurse Practitioners On February 23, 2024, the Missouri State Board of Registration for the Healing Arts and Missouri State Board of Nursing announced proposed revisions to the collaborative practice rules between physicians and nurse practitioners. The proposed rule will be officially published in the Missouri Register on March 1, 2024, with public comments accepted until April 1, 2024. As the regulations now stand, the general rule Read more

By Niki McCormick, ago

CMS Issues Clarity For Texting Patient Information and Orders for Hospitals and CAHs

By: Stuart J. VogelsmeierSummary: The Center for Medicare and Medicaid Services (“CMS”) recently issued guidance for Hospitals and Critical Access Hospitals (“CAHs”) on texting patient information among care team members. CMS Memorandum QSO-24-05-Hospital/CAH reached the conclusion that “Texting patient information and the texting of patient orders among members of the health care team is permissible, if accomplished through a HIPAA compliant secure texting platform (“STP”) and in compliance with the Conditions of Participation.” Computerized Read more

By Niki McCormick, ago

Defending Derivative Negligence Claims Against Motor Carriers in Trucking Accident Cases

Lashly & Baer attorney Patrick E. Foppe along with co-author G. Clark Monroe discuss “Defending Derivative Negligence Claims Against Motor Carriers in Trucking Accident Cases,” in the November 2023 issue of For the Defense publication. Defending motor carriers against liability in truck accident cases involves addressing derivative negligence claims like negligent hiring, training, supervision, and retention. These claims often leverage regulatory violations (FMCSR) to prove carriers allowed unsafe drivers on the road. Effective defense Read more

By Niki McCormick, ago

Kevin Fritz Receives the 2023 USLAW NETWORK O’Hagan Award

Lashly & Baer is proud of our attorney Kevin Fritz for receiving the 2023 USLAW NETWORK O’Hagan Award for his dedicated commitment to the USLAW NETWORK, Inc. organization. Kevin actively networks with other legal professionals from around the country to share the latest information in the transportation industry. He regularly volunteers his time to provide continuing education opportunities to clients and other transportation and trucking industry professionals. The extra work that he puts into Read more

By Niki McCormick, ago

Defense Victory for Barth and Vojas

On September 22, 2023, Lashly & Bear attorneys Michael Barth and Katherine Vojas obtained a defense verdict for their health care clients in the Circuit Court of the City of St. Louis. The case involved claims of academic medical practice and allegations that the Department of Ophthalmology failed to timely diagnose and treat a retinal detachment in a severely autistic, non-verbal adult. The defendants denied the allegations and asserted at trial that they were Read more

By Niki McCormick, ago

Unanimous Defense Verdict for Magrath and Brown

On August 8, 2023, Lashly & Baer attorneys William Magrath and Riley Brown obtained a unanimous defense verdict for their clients.  Plaintiff claimed the Defendants were medically negligent in not explicitly warning him to protect his numb limb from extremes of hot and cold after administering a popliteal nerve block.  Plaintiff burned his foot on a car heater leading to an amputation.  Defendants denied any negligence and challenged Plaintiff’s theory of causation.  The St. Read more

By Niki McCormick, ago

New Fraud and Abuse Safe Harbors Incentivize Expansion of Wellness Programs for Healthcare Workers

The Stark Law and Anti-Kickback Statute are the two principal fraud and abuse laws in the United States impacting the healthcare industry today. With little fanfare, Congress has expanded the categories of safe harbors for both fraud and abuse statutes by passing the Consolidated Appropriations Act, CAA, for 2023. These new exceptions apply to wellness programs offered on or after December 29, 2022 and allow healthcare providers to administer certain mental and behavioral health Read more

By Niki McCormick, ago

The Future of Telehealth – Part 3

This article is the third in a series by Lashly & Baer attorneys Scott A. Pummell and Riley J. Brown addressing various changes coming to the regulation of and access to telehealth services. In fact, the legal and regulatory boundaries of telehealth and remote medicine changed almost overnight as the COVID-19 pandemic set in. Those boundaries are set to change again – and again and maybe again – over the next 18 months. This Read more

By Niki McCormick, ago

Kara Brostron Speaks on Dynamic Leadership, Rapid Growth, and Increased Profitability

Recently our Director of Operations, Kara Brostron, CLM, participated in a panel discussion on the topic of “Dynamic Leadership, Rapid Growth, and Increased Profitability in a Post-Pandemic Era: Insights on Navigating Digital Transformation in the Modern Law Firm.” Thank you for taking the time to share your insights and experiences with others. View the complete report click here, or the YouTube video is linked as well.

By Niki McCormick, ago

Covering Your Bases: Why Medical Professionals Should Seek Legal Counsel Before Signing Up for Insurance

Medical malpractice insurance is a crucial form of coverage for healthcare providers, insuring them against claims of negligence or malpractice that can lead to costly legal battles and significant financial damages. However, many medical professionals are not aware of the exclusions that may be present in their policies, which can result in an unexpected denial of coverage for malpractice claims. As insurance policies become increasingly nuanced as to what is and is not covered Read more

By Niki McCormick, ago