Category: Tort Reform

Change in Liquor Liability Laws Will Hurt Victims of Drunk Drivers

Attorney Trip Riesen wrote an article on joint and several liability that ran in the Post and Courier. South Carolina ranks as one of the worst states for drunk driving coming in at 7th in the nation according to a recent Forbes article citing statistics from the National Traffic Safety Administration (“NHTSA”). “Every day, about

Corporate Practice of Medicine

JDSupra reported on the $10 million jury verdict in a novel corporate practice of medicine (CPOM) case. The jury found in favor of a physician hospitalist group that claimed a management company repeatedly broke its promise to comply with the state’s CPOM prohibition, putting profits over patients, among other wrongdoings. The case is featured this

Corporate Liability Shields

Apple reported the tragic consequences and injustice of federal preemption. The doctrine of federal preemption allows corporations to get away with unsafe practices and products. For example, Merck’s best-selling asthma medicine, Singulair, has been linked for years to suicides and psychiatric problems, especially in children. However, lawsuits over the drug are blocked by one of Corporate

Certificate of Need

McKnight’s reported South Carolina’s lawmakers repealed the state’s certificate of need for healthcare facilities, except in the case of nursing homes. The bill sunsets certificates of need (CONs) in 2027 in all but eight counties that are currently without a hospital. In those areas, the CON will immediately disappear. Nursing homes still need to comply with

Charles Grassley’s Push for Transparency

“CMS’ thirteen-year delay is slow even by bureaucratic standards and especially egregious given that the number of nursing homes owned by private equity has significantly increased since then” -US Sen. Charles Grassley wrote (R-IA). Recently Grassley sent a letter asking CMS to finalize CMS’ “overdue proposed rule that…failed to finalize and implement.” New rules will

New Rule

The Center for Medicare & Medicaid Services (CMS) has proposed a new rule that will require the disclosure of certain ownership, managerial, and other information regarding Medicare skilled facilities (SNFs) and Medicaid nursing facilities. See the link to the federal register for more details: Medicare and Medicaid Programs; Disclosures of Ownership and Additional Disclosable Parties Information


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