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Take Five: Post Election

By: Amy M. Levander on November 4, 2020

1. 5th Congressional District
 
As of now, Republican Victoria Spartz leads Democrat Christina Hale in the race for the 5th Congressional District seat by roughly 24,000 votes.  More than 30,000 votes have yet to be counted in Hamilton…

ONC Extends Information Blocking Deadlines

By: Robert A. Anderson and Stephanie T. Eckerle on November 3, 2020

The U.S. Department of Health and Human Services’ Office of the National Coordinator for IT (“ONC”) announced a much-anticipated interim final rule with comment period (“Interim Rule”). As expected, the ONC extended various compliance dates and…

COVID-19, Faith, and 'Technical Assistance' from OCR

By: Andrew W. Breck and Robert A. Anderson on November 3, 2020

Patients treating at hospitals during the ongoing public health emergency face a number of challenges with respect to access to on-site and virtual support from family and friends.  Compounding the stress, some hospitals have denied patients…

Take Five: Pre-Election

October 28, 2020

Early voting for the 2020 Election began in Indiana on Tuesday, October 29, and the early vote turnout is already three times higher than in 2016. According to data from the Indiana Secretary of State, just over 1.1 million Hoosiers have voted so…

USDA Approves Indiana State Hemp Plan for Commercial Growth

By: Kendall A. Schnurpel on October 27, 2020

On October 22, 2020, the United States Department of Agriculture (“USDA”) approved the Indiana State Hemp Plan (the “Plan”), allowing hemp growers to grow and process hemp commercially in Indiana without obtaining the previously required university…

IRS Announces Retirement Plan Limitations for 2021

By: Lisa A. Durham and on October 27, 2020

On October 26, 2020, the Internal Revenue Service issued Notice 2020-79 to announce the cost-of-living adjustments applicable to pension and retirement plan dollar limitations for the 2021 tax year – most of which will remain unchanged from 2020.…

CMS's Dramatic Price Transparency Rule Set to Take Effect January 1, 2021

By: Robert A. Anderson and on October 23, 2020

Effective January 1, 2021, all hospitals that operate in the United States will be required to comply with CMS’s Price Transparency Requirements detailed in its Final Rule (the “Rule”). The Rule mandates that hospitals establish, update, and make…

Patient May Raise Vicarious Liability of Hospital for Unnamed Physicians in Medical Review Panel Submission

By: Julie A. Rosenwinkel on October 23, 2020

Recently, in Anonymous Hospital v. Mason Spencer and Steve Robertson, Commissioner of The Indiana Dept. of Insurance, and Doug Hill, Medical Review Panel Chair, 20A-CT-393, the Indiana Court of Appeals held that a patient may assert negligence on…

Unpacking Schrems II: The Demise of the EU-U.S. Privacy Shield

By: Shelley M. Jackson, Robert A. Greising, and Virginia A. Talley on October 20, 2020

On July 16, 2020, the Court of Justice of the European Union (CJEU) in Luxembourg issued its long-anticipated decision in the case of Data Protection Commission v. Facebook Ireland, Schrems (Schrems II). The decision concludes two years of…

Krieg DeVault Once Again Named to Midwest Real Estate News' 2020 "Best of the Best" List

October 19, 2020

Krieg DeVault is proud to announce that the firm’s Real Estate Practice Group has been once again named to Midwest Real Estate News’ 2020 “Best of the Best” list. 

“It’s a tremendous honor to be named to the Midwest Real Estate News…

Anesthesiologist's Business Card Given to Patient on Morning of Surgery Probably Won't Absolve Hospital of Liability

By: Julie A. Rosenwinkel and Hillary N. Buchler on October 19, 2020

In the recent case of Jernagan v Indiana University Health a/k/a Indiana University Health ACO, Inc. a hospital clerk provided the patient with an anesthesiologist’s business card on the morning of his surgery. The Indiana Court of Appeals held that…

Indiana Improves Telemedicine Reimbursement During COVID Emergency

By: Brandon W. Shirley and Stephanie T. Eckerle on October 19, 2020

The Indiana Office of Medicaid Policy and Planning (“OMPP”) announced new changes to telemedicine reimbursement that aligns all Medicaid payor policies (fee-for-service and Medicaid managed care). The changes, applicable to claims with dates of…

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