“Take-home” COVID19 lawsuit advances in California court

Take-home COVID19 lawsuits advance - Excelas LLC Medical Legal Solutions
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LEGAL

The ruling is concerning for businesses, including long-term care providers, in that it expands the range of individuals that could potentially file a take-home COVID19 lawsuit

A take-home COVID19 lawsuit, a first-of-its-kind ruling in the nation, has sparked widespread concern from businesses with a threat of cases brought by employee family and friends, because a California Court of Appeals has allowed the wrongful death suit to move forward.

“This is particularly concerning in states, such as California, that do not have immunity statutes or other protections in place for businesses such as long-term care providers,” said Craig C. Conley, a shareholder with Memphis-based law firm Baker Donelson. Read the whole story >>

Excelas, LLC can help employers integrate their policies and procedures into the medical records of an employee to highlight how the organization addressed covid19 pandemic in its early stages.

COMPLIANCE

Nursing home operators could face fines, citations tied to arbitration agreements as part of new CMS requirements

CMS issued new guidance regarding arbitration agreements, specifically addressing if surveyors believe a resident is at risk of psychosocial harm due to the contract formation process or as a result of participating in an arbitration case. As a result, attorneys in the health care space expect to see an increase in civil litigation as arbitration contracts become a riskier avenue.

Drew Graham of Hall Booth Smith, P.C. recommends that facility operators should review their arbitration agreements and process considering the new CMS guidance.

DEFENSE-BUILDING TOOLS

Why use medical record services?

Medical record organization is the basis for effective medical analysis, presenting a clear, ordered health history for each patient or resident.

When you want to reduce risk exposures associated with gaps in record keeping, reduce defense costs, and shorten the claims life cycle, here are four good reasons to consider engaging Excelas’ medical record services.

METRICS

Through June 30, 2022, Excelas, LLC has delivered customized solutions to our healthcare clients:

13,692   Records/Cases Reviewed
17,637,736   Pages reviewed
371  Nationwide Clients & Firms Supported

Team Metrics
4.71%   Average Voluntary Turnover 2012 – 2020
26%      Advanced Degrees
48%      Certifications

JUST UPDATED

Excelas’ PREP Act Updates list summaries of relevant articles and selected court decisions, as well as additional recent court decisions, with hyperlinks for reference. The attached update is the most recent, including listings through June 2022.

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