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National Law Journal

4th Circuit Deems States' Exclusion of Gender Dysphoria Treatment Unconstitutional

Disparate treatment based on sex and gender identity violates Equal Protection Clause, appeals court says.
5 minute read

New Jersey Law Journal

Married Frontline Health Care Workers' Wrongful COVID-19 Death Lawsuit Reinstated by Appellate Division

"Indeed, the judge's opinion was silent as to Susana's direct claim against the Bergen defendants," the opinion said. "Instead, the judge focused on Alfredo's allegation the Palisades defendants compelled him to 'reuse masks and gowns' and whether Susana could prove her injuries were proximately caused thereby. In the absence of an analysis of Susana's allegations, we are unable to engage in meaningful review."
4 minute read

National Law Journal

Supreme Court Appears Closely Divided Over Idaho's Near-Total Abortion Ban

The U.S. government has sued Idaho arguing the state's Defense of Life Act, under which doctors could face prison and lose their licenses for terminating pregnancies, conflicts with the federal 1986 Emergency Medical Treatment and Labor Act.
7 minute read

The Legal Intelligencer

Multistate Licensure Compact for Social Work

The compact will establish a single license allowing social workers with a college degree or clinical license to serve patients across state lines (within each compact state), including through telehealth platforms. This single license requirement is anticipated to promote greater flexibility and access for both social workers and the patients they serve.
4 minute read

National Law Journal

Predictions for What the 2023 Merger Guidelines Mean in the Health Care Industry

The revamped guidelines are yet another tool for the agencies to use as they seek to push back against consolidation— particularly with respect to cross-market and vertical mergers that the agencies have previously had less success in challenging.
8 minute read

New York Law Journal

To Get Ahead, Digital Health Should Look AHEAD

The All-Payer Health Equity Approaches and Development (AHEAD) program may have some flaws, but its fundamental focus could result in a much more welcoming environment for digital health solutions.
5 minute read

New Jersey Law Journal

New Jersey's Organized Delivery Systems Law Presents Unique Challenges for Value-Based Care

"In practice, current state law and regulations make it uniquely challenging for health care payers and providers in New Jersey to implement VBC arrangements," writes Michael J. Morris.
9 minute read

Law.com

Judge Sides With Sanofi, Dismissing Patient's Claims Against Cancer Medication Taxotere

The plaintiff sought to file an amended complaint, which would replace her short form complaint that defines "Permanent Chemotherapy Induced Alopecia," using identical language in which the multidistrict litigation court previously rejected. Chief U.S. District Judge Michael F. Urbanski rejected the plaintiff's request and agreed with Sanofi as to each of the plaintiff's claims.
4 minute read

New Jersey Law Journal

New Jersey Supreme Court Vacates $24.3M Jury Award to Neurosurgeons Over Incorrect Jury Charge

"The trial judge failed to instruct the jury that the only underlying contract to which the implied covenant could attach to had to be one beyond the rights afforded by Valley's medical staff bylaws," Justice Douglas M. Fasciale said. "Adding to the significant uncertainty created by the jury charge and verdict sheet are the improper admission into evidence of the privileged emails and the improper remarks by plaintiffs' attorney."
6 minute read

Law.com

Hospital May Be Held Liable for Independent Contractor Doctors, Washington Court Holds

"However, where an entity has a nondelegable duty, it cannot avoid liability simply by delegating its duty to an independent contractor," Chief Justice Steven C. González wrote on behalf of the Washington Supreme Court. "Instead, an entity will be vicariously liable for the independent contractor's negligent performance of that duty absent special circumstances not present here."
3 minute read

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