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May 2021 Newsletter

PPN | California, Missouri, National, News, Newsletter | Source | May 26, 2021

HCLA endorses Coronavirus Provider Protection Act The HCLA endorsed recently introduced legislation that offers long-overdue protections for health care professionals and facilities responding to the COVID-19 pandemic. H.R. 3021, The Coronavirus Provider Protection Act, is a bipartisan bill introduced by Representatives Lou Correa (D-Calif.) and Michael Burgess, MD (R-Texas), addressing the challenges providers have faced from the spread of COVID-19 in the U.S. Confronting risks at the onset of the pandemic including workforce shortages, inadequate safety supplies, and changing guidance from federal, state, and local government officials, providers now face a genuine threat of unwarranted medical liability lawsuits. With COVID-19 still disrupting our health care system, the patchwork of state laws and expiring executive orders adopted during the pandemic are insufficient in addressing this national problem, which requires a federal solution. The narrowly crafted liability protections in H.R. 3021 would apply only when: The act or omission occurred during the declared COVID-19 public health emergency or within 60 days of termination of the emergency; The act or omission occurred while providing or arranging care; The services were within the provider’s scope of licensure/certification, without regard as to whether the service fell within the usual scope of practice; and The services…

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April 2021 Newsletter

PPN | Florida, Illinois, Indiana, National, New York, News, Newsletter | Source | April 29, 2021

Increasing liability premiums dim post-pandemic outlook As health care professionals look ahead to post-pandemic care, rising liability insurance premiums create an uncertain future and dimming hopes of a swift recovery. After holding steady for over a decade, new analysis by the American Medical Association (AMA) is finding a striking increase in the number of premiums that increased significantly year over year. Between 2010 and 2018, the share of premiums that increased stayed within a range of 12 to 17%. This share nearly doubled in 2019, to 26.5%, and in 2020 rose again to 31.1%. Fourteen states had premium increases of 10% or more, with Kentucky and South Carolina reporting that nearly 30% of all premiums in their respective states rose by double digits. The AMA analysis on 2020 figures would have been reported too early to be affected by COVID-19. “Increases in medical liability premiums compound the economic stress on medical practices as the COVID-19 pandemic resulted in significant reductions to patient volume and revenue, and higher expenses for scarce medical supplies,” said AMA President Susan R. Bailey, MD. “Practice revenue has not fully recovered as the pandemic has stretched on and a protracted upward trend in medical liability premiums…

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March 2021 Newsletter

PPN | Arizona, Missouri, National, New York, News, Newsletter | Source | March 29, 2021

Personal injury lawyers spend heavily to solicit COVID-19 claims Television advertisement spending in the latter half of 2020 highlights just how aggressively personal injury lawyers are soliciting COVID-19 liability claims and plaintiffs. In a report compiled by the American Tort Reform Association, 176,053 television advertisements that sought to solicit claims by mentioning COVID-19 or coronavirus aired from March through December 2020, at an estimated cost of $34.4 million. Several law firms increased their advertising after receiving federal Paycheck Protection Program loans. These federal dollars were intended to help struggling businesses cover operating expenses but were used by law firms to increase their advertising spending and recruit potential plaintiffs for future litigation. During this period, Florida accounted for nearly 20% of all legal services’ advertisements mentioning COVID-19 or coronavirus that aired, with a total of 34,321 ads adding up to over $6.6 million. “The data shows just how important it is for state legislatures to seek legislative solutions to support health care providers, businesses, and their employees who have been on the frontlines, responding to the pandemic,” the report states. To read more about the tactics personal injury lawyers are using to engage in soliciting liability lawsuits that harm patients and…

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