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Indiana's Open Door Law (“ODL”) Partially Suspended in Response to COVID-19

By: Christopher W. Bloomer and Robert S. Schein on March 17, 2020

Following earlier executive action concerning COVID-19, Indiana Governor Eric Holcomb issued Executive Order 20-04 (the “Order”) on March 16, 2020. Pertinent to the ODL, and with aims to increase containment of the virus and prevent initial exposure…

Proposed Federal Law to Offer Paid Sick Leave Due to Coronavirus: H.R. 6201, Families First Coronavirus Response Act

By: Kate Trinkle on March 16, 2020

On March 14, 2020, the House of Representatives of the U.S. Congress took action against the Coronavirus emergency by passing House Bill H.R. 6201, Families First Coronavirus Response Act (“H.R. 6201”).[1] H.R. 6201, if passed by the Senate, would…

1135 Waiver Response TO COVID-19

By: Meghan M. Linvill McNab and Amanda K. Schipp on March 15, 2020

With Secretary Azar’s Public Health Emergency declaration and President Trump’s National Emergency declaration, CMS is authorized to grant Social Security Act §1135 waivers of Medicare, Medicaid or SCHIP requirements (“1135 Waivers”) with respect to…

State Medicaid Programs Respond to Coronavirus

By: Meghan M. Linvill McNab and Amanda K. Schipp on March 12, 2020

With the spread of the coronavirus (COVID-19), and tri-fold spread of fear relating to the same, State agencies have begun to take action with respect to care relating to coronavirus.  Specifically, State Medicaid programs across the nation are…

The Impact of HIPAA on Disclosures Related to COVID-19

By: Stephanie T. Eckerle and Susan E. Ziel on March 12, 2020

The Health Insurance Portability and Accountability Act of 1996[1](“HIPAA”) governs the disclosures of any protected health information (“PHI”) that is created or received and maintained by HIPAA covered entities and their business associates.…

Planning Considerations for Employers to Consider in Response to Coronavirus

By: Elizabeth M. Roberson and on March 11, 2020

Employers in the U.S. are encouraged to create a plan for how they will handle the effects of Coronavirus on their workforce and/or operations. The Interim Guidance for Business and Employers issued by the Center for Disease Control and Prevention…

Navigating the ADA and FMLA in Combatting Coronavirus

By: Elizabeth M. Roberson and Kate Trinkle on March 11, 2020

Coronavirus (COVID-19) is increasingly affecting workforces in the United States, and how companies respond will be important both to retention and to future legal considerations that could arise. Specifically, the Coronavirus outbreak invokes many…

IRS to Issue Guidance for High Deductible Health Plans in Light of COVID-19

By: Kendall A. Schnurpel on March 10, 2020

Today, the IRS published notice of upcoming guidance related to the impact on the qualification of high deductible health plans (“HDHP”) under Section 223(c)(2)(A) of the Internal Revenue Code (the “Code”) with respect to certain 2019 Novel…

Coronavirus Concerns May Implicate Force Majeure Contract Issues

By: Scott S. Morrisson and Elizabeth M. Roberson on March 9, 2020

So-called force majeure clauses typically are contained in contracts to excuse performance by the parties for acts of God, impossibility of performance, disaster, and other circumstances beyond the control of the parties.  This clause may have…

Coronavirus Concerns May Implicate Force Majeure Contract Issues

By: Scott S. Morrisson and Elizabeth M. Roberson on March 9, 2020

So-called force majeure clauses typically are contained in contracts to excuse performance by the parties for acts of God, impossibility of performance, disaster, and other circumstances beyond the control of the parties.  This clause may have…

Amy M. Levander to Present at 2020 Executive Women in Healthcare Legislative Update

March 8, 2020

Amy M. Levander will be presenting at the 2020 Executive Women in Healthcare Legislative Update on Wednesday, March 18. Ms. Levander will share information regarding recent healthcare laws passed during the 2020 Indiana Legislative Session. For more…

Indiana Court of Appeals Expands De Facto Merger Exception to the General Rule Regarding Corporate Liability for Debts

By: C. Daniel Motsinger on March 8, 2020

On March 2, 2020, in New Nello Operating Co., LLC v. CompressAir, the Indiana Court of Appeals expanded the so-called “de facto merger” exception to the general rule that when one corporation purchases the assets of another, the buyer does not…

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