Sebble v. St. Luke’s #2, LLC, 2023-00483 (La. 10/20/23): Gross Negligence Standard of La. R.S. 29:771(B)(2)(c) Inapplicable
By Magdalena Majka and Bruce Cranner A recent opinion from the Louisiana Supreme Court interprets the Louisiana Health Emergency Powers Act (LHEPA) and clarifies that La. R.S. 29:771(B)(2)(c) – the LHEPA section providing for the modified standard of gross negligence – does not apply in the medical review panel process conducted under the Louisiana Medical […]
Doctors, Did You Know Your Non-Competes Are Shrinking and Burning Down?
As outlined in a previous Milling blog post, Louisiana non-compete agreements are enforceable only if they meet strict statutory criteria. Recent amendments to the statute governing these criteria, effective January 1, 2025, impose additional restrictions on physicians’ non-compete agreements. Although the new law generally applies only to agreements executed after this date, it also impacts […]
Opponents of northshore land use plan want to convince St. Tammany leaders to kill it
Opponents of a long-range plan to build a major logistics and manufacturing hub along Interstate 12 through St. Tammany Parish may get a chance to plead their case to the St. Tammany Parish Council after all. The opponents asked for a shot to appeal the creation of the plan to the council but had been […]
Louisiana Non-Compete Agreements Are Enforceable Only If They Meet Strict Statutory Criteria
By Bruce Cranner and Magdalena Majka In recent years, many physicians transferred from independent practice to employment with health systems.[1] With that employment came noncompete clauses (non-competes). As healthcare systems started consolidating into larger organizations, those non-competes have become increasingly restrictive and disadvantageous for physicians and their patients.[2] Federal government and some Louisiana lawmakers noticed […]
Avoiding Burnout
Anyone can suffer from burnout related to their profession and employment. Lawyers, doctors and other professionals are particularly susceptible to burnout. It is important that each of us recognizes the signs and symptoms of burnout so that it can be addressed early on and possibly avoided. Common signs of burnout in any profession or […]
Maintaining Medicare “Conditions of Participation” Following a Shift in Ownership
By Sarah Fisher The U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS), as well as Louisiana’s State Licensing Boards, have an interest in determining whether Medicare providers meet, and continue to meet, the Medicare Conditions of Participation. Medicare providers include nursing homes, hospitals, doctors & clinicians, home health services, […]
Maintaining Medicare “Conditions of Participation” Following a Shift in Ownership
By Sarah Fisher The U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS), as well as Louisiana’s State Licensing Boards, have an interest in determining whether Medicare providers meet, and continue to meet, the Medicare Conditions of Participation. Medicare providers include nursing homes, hospitals, doctors & clinicians, home health services, hospice care, inpatient rehabilitation […]
Civil Monetary Penalties relating to Medicare and Medicaid Services
By Bruce Cranner The Centers for Medicare and Medicaid Services (CMS) has finalized and published the rule specifying how and when it will calculate and impose civil monetary penalties (CMPs) when Group Health Plan (GHP) and Non-Group Health Plan (NGHP) Responsible Reporting Entities (RREs) fail to meet their Medicare Secondary Payer (MSP) reporting obligations. The […]
The Small Succession in Louisiana
In Louisiana, the law provides for a “small succession” which is equivalent to a small estate succession. This is a simplified legal process when the deceased person’s estate in Louisiana has a total value of assets below a certain threshold. A small succession could also apply to a person who died with a will but […]
Touhy Requests
If you are involved in litigation and need to obtain official information, such as documents or testimony, from a Government agency or department, you may need to submit “Touhy Requests” to that particular agency or department. Named after the Supreme Court case, United States ex rel. Touhy v. Ragen, 340 U.S. 462, 468 (1951), a Touhy Request is […]