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...
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...
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...
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...
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...
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...
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...
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...
By Nick Isolani Louisiana’s Good Samaritan law ensures that citizens who render aid to their fellow citizens in emergency situations are immune from liability. Louisiana Revised Statute 9:2793 provides that “[n]o person who in good faith gratuitously renders emergency care, first aid or rescue at the scene of an emergency… shall be liable for any...
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