Dorsey Health Law Blog

Popovich v. Allina Health – Sea Change, Ripple, or Something In-Between?

In July 2020, the Minnesota Supreme Court in Popovich v. Allina Health, 946 N.W.2d 885 (Minn. 2020), departed from 30 years of precedent regarding vicarious liability for hospitals. Before Popovich, a hospital could not be held vicariously liable for the negligence of independent contractors. After Popovich, a hospital can be held liable under a theory of apparent authority...

Corporate Transparency Act and the Friendly Physician Model

On January 1, 2024, final regulations issued by the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) went into effect in order to implement the requirements of the Corporate Transparency Act (“CTA”). For background on the CTA and an outline of the final regulations generally, please see this separate Dorsey publication written by...

HIPAA on the Horizon in the New Year: Important Lessons from an Active 2023 and Regulatory Initiatives to Watch for in 2024

2023 marked 20 years since the first compliance deadline under the Health Insurance Portability and Accountability Act’s (“HIPAA”) privacy rule. Despite the two decades of experience with HIPAA, compliance continues to remain a challenge for HIPAA-covered entities as well as for their business associates. 2023 brought a large number of important HIPAA-related developments and lessons-learned...

Minnesota Supreme Court Holds That The Minnesota Health Records Act Allows Release of Health Records For Permitted Purposes Under HIPAA

On October 11, 2023 the Minnesota Supreme Court issued an opinion in Schneider v. Children’s Health Care holding that the Minnesota Health Records Act (“MHRA”) provision allowing health care providers to release health records when there is “specific authorization in law” encompasses all operative law in Minnesota, including permitted disclosures under the federal HIPAA privacy...

U.S. Supreme Court Expands Options for Residents & Families Suing Nursing Homes

In a ruling issued today, the United States Supreme Court held that the family of a nursing home resident could bring a claim against the nursing home under the Federal Nursing Home Reform Act via section 1983.  In Health & Hospital Corporation of Marion County v. Talevski, Talevski’s family claimed that the nursing home where...

Iowa Governor Signs Legislation Impacting Iowa’s Long-Term-Care Industry

On June 1, 2023, Iowa Governor Kim Reynolds signed into law Iowa bill HF 685, which will significantly impact the future of Iowa’s long-term-care industry. Among other provisions, HF 685 increases scrutiny imposed on parties who seek to acquire an Iowa nursing facility, imposes a temporary moratorium on adding new nursing facility beds in the...