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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…

SBA Guidance on Change of Ownership for PPP Borrowers

By: Robert A. Greising and Corben A. Lee on October 8, 2020

On October 2, 2020, a Procedural Notice issued by the SBA (the “Notice”) became effective that provides information and procedures addressing requirements for approval of changes of ownership for an entity that has received funds under the Paycheck…

Virtual Discovery: New Considerations in the New Normal

By: Matthew C. Branic and Elizabeth M. Roberson on October 8, 2020

The “new normal” brought on by the Covid-19 pandemic has ushered in the era of virtual meeting technology and other connective platforms as substitutes for in-person communication. Platforms such as Zoom, Microsoft Teams, Skype, Webex, Google…

Helping Hoosiers: Indiana Extends Flexibility on Temporary Licensing of Health Care Workers

By: Andrew W. Breck and Shelley M. Jackson on October 7, 2020

Governor Holcomb recently issued Executive Order 20-45 extending the ability of certain health care providers to practice in the State of Indiana in response to the current COVID-19 public health emergency.  Specifically, the Executive Order applies…

Krieg DeVault LLP Launches LM Safety Solutions - A Legal-Medical Partnership to Assist Businesses with COVID-19 Risk Management

October 6, 2020

Krieg DeVault LLP is proud to announce the launch of LM Safety Solutions - a new legal-medical partnership, with the sole focus of improving the safety of your organization.  With the evolving challenges presented by COVID-19 and other infectious…

The [Economic] Reality for Employers: The Department of Labor's Proposed New Rule for Determining Independent Contractor Status 

By: Elizabeth M. Roberson on October 5, 2020

On September 22, 2020, the U.S. Department of Labor (“DOL”) announced a new proposed rule that could affect whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (“FLSA”). The proposed rule sets forth the…

Educate Your School: K-12 Public School Compliance with Federal Civil Rights Laws In the COVID-19 Environment

By: Elizabeth M. Roberson, Deborah J. Daniels, and Robert A. Greising on October 1, 2020

On September 28, 2020, the U.S. Department of Education’s Office for Civil Rights (“OCR”) issued a set of questions and answers containing guidance on how K-12 schools that are governed by Federal civil rights laws can cope with the COVID-19…

IRS Instructs Lenders not to File Form 1099-C for Forgiveness of Paycheck Protection Program Loans

By: Kendall A. Schnurpel and Robert A. Greising on October 1, 2020

In Announcement 2020-12, released September 22, 2020, the Internal Revenue Service (IRS) informed lenders that they should not report qualifying loan forgiveness amounts from covered loans made under the Paycheck Protection Program (PPP) by filing…

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