Laws, Regulations, Cases & Other Resources

Setting Up a Tax Exempt Organization

There are several steps in setting up a tax exempt organization. We're reviewing them here. However, this post is not…

10 months ago

Opting Out of Arbitration Agreements

Ideally, health care providers do the right thing. Good Care is provided. There is no negligence. But what if they…

10 months ago

State May Recoup Medicaid Benefits Incorrectly Paid

In PR v. Division of Medical Assistance and Health Services (NJ. App. Div. 6/8/2023), the State was authorized to recover…

11 months ago

Administrative decisions and collateral estoppel

The collateral estoppel (issue preclusion) rule is part of the finality doctrine along with Res Judicata (claim preclusion). It general…

11 months ago

Settlement of Probate Dispute Enforced As Written

On June 12, 2023, the Tennessee Court of Appeals (Knoxville) upheld a settlement agreement requiring the recipient of funds in…

11 months ago

What is Undue Influence?

In Milbourne v. Milbourne, 301 Ga. 111 (2017), The Georgia Supreme Court affirmed a Gwinnett Probate Court Order refusing to…

11 months ago

Supreme Court Rules Nursing Home Resident Rights Are Enforceable Under Section 1983

Last year we reported that Talevski v. Health and Hospital Corporation of Marion County (HHC) was headed to the Supreme…

11 months ago

Statute of Limitations on Legal Malpractice Claim Runs from Last Action

On May 26, 2023, the Ohio Court of Appeals for the Sixth Appellate District decided Kaltenbach v. Wasserman. Keith Kaltenbach…

11 months ago

Nursing Home Quality of Care Regulations Amended to Remove Expired COVID-19 Provisions

On June 5, 2023, the Centers for Medicare and Medicaid Services (CMS) amended 42 C.F.R. § 483.80 (infection control) and…

11 months ago

Approving Settlements for Minors

In April, 2022, we reported that HB 620 altered how settlements for minors can be approved under O.C.G.A. § 29-3-3,…

11 months ago