In August of last year, a Colorado Federal District Court decided there is no private right of action under the privacy provisions of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Strangely, this case was not brought by an individual claiming the health care provider, a hospital, had violated the individual’s HIPAA rights.
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Instant Messaging: Does It Belong In the Workplace?
In a given year, the average American teenager and young adult will spend 868 hours (36 days) online. Roughly 20 percent of this time is spent IM (IM). One recent study showed that of the 24 million U.S. teens that go online, one in five, or about 5 million, considers IM their primary means of…
Products Liability Victory on Summary Judgment
By Glenn Farnet
Glenn M. Farnet recently won a significant products liability victory for Black & Decker (U.S.) Inc., in the United States Fifth Circuit Court of Appeals. While using a pneumatic brad nailer, the plaintiff was blinded in one eye after a nail ricocheted off of the work surface. The district court granted Black & Decker’s summary…
New Notice Requirements Under USERRA
In December of 2004, Congress amended the Uniform Services Employment and Re-employment Rights Act (USERRA) 38 USC §§ 4301, et seq. The recent amendment (38 USC § 4334) requires that employers provide eligible employees with notice of their rights, benefits, and obligations under USERRA. The notice requirement can be met by posting a notice where…
EPA Reconsiders Fee and Antibacksliding Provisions in Ozone NAAQS
By Kean Miller
On February 3, 2005, the U.S. Environmental Protection
Agency (EPA) responded to two issues raised in petitions for reconsideration filed in response to EPA’s rule to implement the 8-hour ozone National Ambient Air Quality Standard (NAAQS). See, 70 Fed. Reg. 5593. The federal agency also proposed to revise two aspects of the implementation rule first…
How Specific Do Employers Need to Be?
By Kean Miller
A recent decision of the Court of Appeals for the Fifth Circuit, Clara Patrick versus Tom Ridge, Secretary, Department of Homeland Security, No. 04-10194 (December 2004) shows how a lack Of “sufficient clarity” in articulating a reason for an employment decision can sometimes negatively impact an employer.
The employee in this case advanced charges of…
Commercial Litigation: Seven Practical Tips
Business executives who face commercial lawsuits as plaintiffs or defendants understand the effect litigation has on a business. The following article addresses seven important issues that savvy business owners should be aware of – in the boardroom and in the courtroom – when it comes to commercial litigation.…
The Stark Law: Business Issues for Physician Practices
By Kean Miller
The Centers for Medicare and Medicaid Services (CMS) recently issued Phase II of the Final Regulations to implement and enforce the federal physician self-referral law (otherwise known as the “Stark Law”). The Stark Law generally affects all business relationships between physicians and other health care providers. Physician practices should review all aspects of their business…
A Practical Digest of Louisiana Class Action Decisions
A practical digest of Louisiana class action decisions prepared by:
The Honorable Thomas F. Daley
Louisiana Fifth Circuit Court of Appeal
Charles S. McCowan, Jr.
Kean Miller Hawthorne D’Armond McCowan & Jarman
Gerald E. Meunier
Gainsburgh, Benjamin, David, Meunier & Warshauer
To receive a copy of the upcoming 2005 digest, send
Number of Non-Profit Hospitals Sued in Charity Care Class Actions Continues to Grow
By Kean Miller
Several high-profile law firms have continued to file class action lawsuits against non-profit hospitals. The basis of these class action suits is that these hospitals have failed to meet their charity care requirements because of certain billing and aggressive collection practices against uninsured patients. Through mid-July, thirty-one lawsuits have been filed in federal court against…