Articles and Blogs

Recently, the Indiana Supreme Court clarified the judiciary’s inability to add terms to an impermissibly broad nonsolicitation agreement, even if specifically requested in the agreement itself. Background When the terms of a noncompetition or nonsolicitation agreement are disputed, parties often ask courts to determine whether the terms are reasonable. Indiana courts administer this task by…Read More

On November 27, 2019, the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced that an Affiliated Covered Entity made up of 10 hospital covered entities (“ACE Organization”) will pay a penalty of $2.175 million and enter into a two-year Corrective Action Plan (“CAP”) to settle potential violations of the Health Insurance…Read More

When an entity merges with or acquires another business, the parties to the transaction face a variety of issues. When attempting to sort out some of the more-dominant deal points (e.g., ever-changing regulatory requirements, successful employee integration, preferred methods of financing, etc.), many entities inadvertently overlook other details that, despite being seemingly routine, could greatly…Read More

An Indiana hospital owns a medical building in Newburgh, Warrick County, Indiana (the “Property”) by way of a wholly-owned subsidiary that is an Indiana nonprofit corporation (the “Applicant”). The Applicant leases parts of the Property to its affiliates for the delivery of health care services. For the 2014 and 2015 tax years, the Warrick County…Read More

On November 22, 2019, the Quality, Safety & Oversight Group at the Centers for Medicare & Medicaid Services (“CMS”) issued a memorandum entitled “Updates and Initiatives to Ensure Safety and Quality in Nursing Homes” (“QSO Memo”) that announced a status update on the Interpretive Guidance for: (1) Phase 3 elements of the regulations in Part 483…Read More

Would you share information about your heart rate, menstrual cycle or hearing loss with a technology company? On November 14, 2019, Apple, Inc. (“Apple”) launched an application that allows its U.S. customers to enroll in three studies aimed at collecting health-related data that are intended to contribute to medical discoveries called the “Apple Research app.”…Read More

Passage of Temporary Funding Bill Ends Potential Shutdown Just hours before the previous short-term agreement was set to expire on November 21, President Trump signed a bill funding the government through December 20. This measure gives Congress four additional weeks to reach a consensus on how to fund the government in FY 2020. The continuing…Read More

On November 6, the Sixth Circuit Court of Appeals clarified the standard to establish a claim under the “regarded as” prong of discrimination under the Americans with Disabilities Act (“ADA”) and explained the type of evidence that supports an inference that an employer’s reasons for an employee’s termination are “pretextual” and actually motivated by discrimination. Factual Background A nurse anesthetist, Paula E. Babb, insisted her former employer (“Employer”),…Read More