Health Care

President Biden recently marked the 31st anniversary of the Americans With Disabilities Act (ADA) by announcing that the Department of Health and Human Services and the Department of Justice have issued a joint memo setting forth new guidance on “Long COVID” as a disability under the ADA.Since the beginning of the COVID-19 pandemic, it has been a relatively uncontroversial proposition

Our firm represented an applicant to the California Department of Insurance who had applied for a Property and Casualty Broker-Agent License for the second time, after previously being denied in 2017.  The applicant had three convictions: two for receiving stolen property, and one for unauthorized use of identity, between 2010 and 2012.  The 2017 application contained a false statement regarding

Our office represented a licensee in 2020 who had earned a license only two years prior, in 2018.  Unfortunately, this client was arrested for DUI just a few months after earning the license, and ultimately pled guilty in 2019.  Having only been licensed for a year at the time of conviction, the client did not realize his reporting duty to

The Board of Registered Nursing accused our client of gross negligence and incompetence in the practice of nursing following alleged failure to obtain or document a specific reading with respect to a patient under her care. To resolve the case, our client was willing to enter into a public letter of reproval, but the Board refused and insisted upon a

CMS Recently Introduced New Interoperability Mandates for Health Plans That Must be Implemented by July 1, 2021

The CMS Interoperability and Patient Access Rule (“Interoperability Rule”) requires payors to permit third-party applications to retrieve, with the approval and at the direction of a current enrollee certain health care data.  42 C.F.R. §§ 422.119(a), 431.60(a), 457.730(a); 45 C.F.R. § 156.221(a).  The

California Business and Professions Code section 2310 empowers the Medical Board of California to immediately and without prior notice suspend certain California physician licenses.  Business and Professions Code section 2310 provides that if a California physician’s license in another state is suspended or revoked outright and that action is reported to the National Practitioners Data Bank, and the physician’s primary

Mandated Reporting of Sexual Misconduct Allegations against California Licensed Physicians by Healthcare Facilities
The Medical Board of California and other healthcare licensing boards hold licensed physicians and other healthcare licensees to an extremely high standard regarding sexual misconduct allegations. Every day physicians, and other healthcare licensees, who communicate with hundreds of patients each week, face the possibility of patients reporting