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Health Law Talk

Health Law Talk

By Conrad Meyer & Rory Bellina

Health Law Talk, presented by Chehardy Sherman Williams, one of the largest full service law firms in the Greater New Orleans area, is a regular podcast focusing on the expansive area of healthcare law. Each episode, hosted by Conrad Meyer and Rory Bellina, will address various legal issues and current events surrounding healthcare topics. The attorneys are here to answer your legal questions, create a discussion on various healthcare topics, as well as bring in subject matter experts and guests to join the conversation.

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rbellina@chehardy.com
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Health Law Talk: Thankful 2022!
Health Law Talk: Thankful 2022!
On this episode of Health Law Talk, we pause for a moment to give thanks. Hosts Rory Bellina, George Mueller, and Conrad Meyer reflect on the past year to give thanks. All of us here at Chehardy Sherman Williams wish our listeners a very happy and joy filled holiday season with your with family, friends, or even if you happen to be alone. We would like everyone to know that during this Thanksgiving holiday, we appreciate and give thanks to you the listeners of our podcast!
21:32
November 23, 2022
Dr. Ares Christakis Interview
Dr. Ares Christakis Interview
On the latest episode of Health Law Talk, we sit down with Dr. Ares Christakis to discuss a spotlight on his general surgery practice. We delve into Dr. Christakis’ background and educational journey to becoming a general surgeon. In addition to discussing the day-to-day responsibilities of a general surgeon, we learn about the technical advancements in general surgery from going to laparoscopic surgery all the way through robotics. In addition, we have a discussion on the future of general surgery and how robotics will play a role in invasive surgery in the near future. Come join us in learning more about Dr. Christakis and his role as a general surgeon in the New Orleans region.
49:49
November 09, 2022
Economic Credentialing
Economic Credentialing
Can you add (or revoke) a provider's credentials based on how many cases he or she performs? Or how profitable they are? In this episode, we discuss!
36:22
November 03, 2022
Dr. Jamie Kuo Interview
Dr. Jamie Kuo Interview
Jamie Kuo, M.D. is an Emergency Medicine Physician and the Founder of Louisiana Physicians For Patients, a Non-Profit founded to advocate for patients in Louisiana.
57:10
October 27, 2022
Closing a Practice & Patient Issues
Closing a Practice & Patient Issues
In today's episode, Conrad Meyer, George Mueller, and Rory Bellina discuss closing a practice & patient issues
45:17
October 21, 2022
Reproductive Rights and Fertility Issues
Reproductive Rights and Fertility Issues
In this episode, Conrad Meyer and Rory Bellina discuss legal issues regarding Reproductive Rights and Fertility.
43:05
October 13, 2022
Stark and AKS Basics
Stark and AKS Basics
On this episode, Conrad and Rory dive into the Stark Law and Anti-Kickback Statute basics and recent changes!
32:32
October 06, 2022
LSBME – Mental Health and Medical Professionals – Investigations
LSBME – Mental Health and Medical Professionals – Investigations
What are the issues involving mental health and healthcare providers when their respective licensing boards investigate?  As a provider, what do you disclose to your board investigator? What do you disclose to the mandatory evaluation recommended by the board to their mental health professional?  In this episode of health law talk, we sit down with Normand Pizza and Conrad Meyer to discuss best practices for defending providers when dealing with board required mental health evaluations.
45:59
September 28, 2022
The "Legal" Art of the Deal
The "Legal" Art of the Deal
On the latest episode of "Health Law Talk," Conrad Meyer, George Mueller, and Rory Bellina, delve into details of healthcare business transactions in a new series we are putting out on the anatomy and best practices of a healthcare business deal.  In part 1 of the series, we focus on the initial gathering of information by all parties to the transaction along with establishing the intent of all parties via the “letter of intent”(LOI).  We welcome everyone to join us for discussion on best practices when initially starting off a healthcare business transaction and, in particular, a focus on the LOI. Listeners will know, after this episode, what is in LOI, issues that should be resolved in the LOI, what information should be gathered initially prior to the LOI, decisions that should be made and contained within the LOI, and how important is the LOI to the transaction itself. This initial part 1 of the series on healthcare business transactions kicks off a multipart series that our program intends to continue so that listeners can be educated and have a better understanding of how an appropriate, smooth-running, and successful deal is consummated.
41:29
June 10, 2022
The Louisiana Health Emergency Powers Order – Crossfire
The Louisiana Health Emergency Powers Order – Crossfire
Under the Louisiana Health Emergency Powers Act, during a state of public health emergency, such as COVID-19, any healthcare provider shall not be civilly liable for causing the death or, or injury to, any person or damage to any property except in the event of gross negligence or willful misconduct. Is this statute creating unintended consequences for patients who are injured through negligence actions of a healthcare provider while being treated for medical ailments unrelated to the emergency declared by the governor for the state of Louisiana? This podcast delves into the plaintiff, or prosecution side, point of view and delves into the "unintended consequences" of giving providers blanket immunity for general negligence in carrying out their medical obligations to their patients. Conrad Meyer, board-certified healthcare attorney, sits down with special guests Bobby Malbrough, medical malpractice plaintiff attorney, and Carey Wicker, another medical malpractice plaintiff attorney, to discuss our point of view on this topic. This episode is part of a series on point and counterpoint regarding the Louisiana Health Emergency Powers Act, its constitutionality, its scope, the "unintended consequences," and how this affects the public at large.
54:48
May 27, 2022
The Possible Overturn of Roe v. Wade and its Effects on Healthcare
The Possible Overturn of Roe v. Wade and its Effects on Healthcare
Dobbs v. Jackson Women’s Health Organization On May 2, 2022, a news organization, Politico, released an unpublished draft opinion of the courts potential ruling on Dobbs versus Jackson women's health organization. In essence, the draft opinion calls for the overruling of Roe v. Wade along with the Casey case.  According to the draft opinion, the basis for overruling Roe v. Wade is to return to the states the power to self govern on the issue of abortion.  According to Justice Alito, Roe v. Wade was an exercise in "raw judicial power" that needed to be addressed in a true democracy by giving states the right to determine for themselves the legality of abortion. According to research, over 26 states already have laws in effect, the so-called "triggering laws," that should Roe v. Wade be overturned, would ban abortion. The question becomes what happens to healthcare providers who are caught in the middle should Roe v. Wade be overturned and are located in states that suddenly would ban abortion. In addition, how far do these "triggering laws" go in determining what is permissible or not. For example, do any of these laws implicate the use of the "Plan B pill" and consider the prescription of the "Plan B pill" as abortion. If so, what are the implications from a telemedicine perspective should physician located in a state where abortion is permissible prescribed a patient a Plan B pill in the state that has banned abortion? In this very timely episode, listen with healthcare attorneys Conrad Meyer and Roy Bellina as we discuss the implications of the release of this draft opinion and what effect it might have on healthcare providers.
24:42
May 06, 2022
What to Expect in Health Law in 2022
What to Expect in Health Law in 2022
On this episode of Health Law Talk, Conrad Meyer and Rory Bellina discuss the current and hot topics of health law in 2022. Be on the lookout for exciting episodes dealing with emerging issues in health law including additional mandates related to covid, potential waivers for fraud and abuse, increased autonomy for APPs, more movement to value-based reimbursement and much more. As always, health law talk brings you the latest information and discussion on hot topics in healthcare. Please make sure you hit subscribe and give us that five-star rating. Now you can also sign up for our latest podcast announcements at chehardy.com/podcast
34:05
April 14, 2022
Physician Spotlight with Dr. Alice Hoyt
Physician Spotlight with Dr. Alice Hoyt
Dr. Alice Hoyt is a board-certified internal medicine, pediatric, and allergy & immunology physician in the Greater New Orleans area.  Her practice, Hoyt Institute of Food Allergy, is located in Metairie, Louisiana, and focuses on an evidence-based family approach to addressing the needs of children and adults dealing with food allergies.   Previously practicing at the Cleveland Clinic, Dr. Hoyt has now returned to her hometown to open up her new practice by bringing a multidisciplinary approach to her patients and their families dealing with food allergies.   In addition to her practice, Dr. Hoyt created a nonprofit organization, the Teal schoolhouse, that produces and disseminates a program called Code Ana to assist schools and businesses in educating/training their personnel on the identification of anaphylaxis, the emergency response to anaphylaxis and the use of autoinjector epi-pens to deal with allergic reactions.  Currently, the Code Ana program is already involved with multiple states providing this educational material to help schools and businesses alike. We sit down with Dr. Hoyt to get her perspective on her new practice, discuss with her about the need for food allergy medical services for families and individuals, and chat about her nonprofit organization, the Teal schoolhouse and its Code Ana program.
51:50
February 14, 2022
Update on SCOTUS Vaccine Mandate Decisions
Update on SCOTUS Vaccine Mandate Decisions
Recently, the United States Supreme Court issued rulings on two different cases involving vaccine mandates: the first case involved the Centers for Medicare and Medicaid Services (CMS) which mandated that all healthcare workers be vaccinated as a condition of participation for Medicare enrolled providers. The CMS regulation affects all Medicare providers who render healthcare services to Medicare beneficiaries. The second case involved the more widely known OSHA mandate requiring employers with 100 more employees to have all employees including contractors vaccinated. Both cases were widely scrutinized and challenged throughout the lower-level court systems and eventually made it to the Supreme Court of the United States. Ultimately, the United States Supreme Court upheld the CMS mandate but overturned the OSHA mandate. This episode of health law talk takes a deep dive into the specific rulings and discusses the rationale behind the court's rulings in overturning the OSHA mandate while upholding the CMS mandate.  
34:17
February 03, 2022
Dr. Erik Hanson discusses the effects of COVID on psychiatric patients
Dr. Erik Hanson discusses the effects of COVID on psychiatric patients
Dr. Erik Hanson, M.D. is a psychiatry fellow in the New Orleans, LA area. In this episode, we sit down and discuss with Dr. Hanson his specialty, how his patient base has been affected due to COVID-19, and much more!
38:40
January 20, 2022
Federal Vaccine Mandate
Federal Vaccine Mandate
Rounding out the series on vaccine mandates, this episode discusses the vaccine mandate for Federal Employees. Conrad Meyer, Rory Bellina, and Chris Martin discuss how this mandate is similar (and different) to the OSHA and CMS mandate.
26:36
January 13, 2022
Transparency and Access to Healthcare
Transparency and Access to Healthcare
Two of the most prevalent issues in healthcare are transparency and access to care. The direct primary care model attempts to solve these issues by making primary care affordable, transparent, and accessible by allowing patients to contract directly with the primary care physician for a low monthly fee, who in turn does not bill or invoice the patient's insurance company. Therefore, patients can take advantage of a low-cost/transparent primary care model while enjoying the benefits of a primary care concierge type practice. In the latest episode of Health Law Talk, healthcare attorneys Conrad Meyer, Rory Bellina, and Chris Martin sit down with special guest Dr. Karl Hanson, a specialist in Family Medicine and founder of Infinity Health, a direct primary care practice in Kenner, Louisiana, to discuss the direct primary care model, how physician can start a direct primary care practice, the advantages and disadvantages of direct primary care, and the regulatory issues involved in direct primary care.  This episode should not be missed for those who are interested in learning about an alternative model that provides transparency as well as patient access to care.
33:08
December 02, 2021
Special Episode - Thankful
Special Episode - Thankful
In this episode of health law talk, Roy Bellina and Conrad Meyer discuss everything that thankful for with respect to the past year relative to health law. To quote Eckhart Tolle, “acknowledging the good that you already have in your life is the foundation for all abundance." Rory and Conrad share their personal gratitude for the positive changes in health law over the year as well as their personal thankfulness for their families and friends.
16:44
November 22, 2021
CMS' Vaccine Mandate
CMS' Vaccine Mandate
In the fast-changing world of vaccine mandates, CMS has recently issued its vaccine mandate with respect to the covid vaccine. Interestingly, the CMS vaccine mandate applies to virtually every healthcare provider who participates in Medicare including contractors, employees, independent contractors, volunteers, and other personnel that provide services to those Medicare providers that come into contact with patients. Conrad Meyer, Chris Martin, and Rory Bellina, take a deep dive into the CMS mandate to discuss who is covered, what exemptions apply, how to document compliance with both the mandate and the exemptions, and what penalties Medicare-participating providers will face for noncompliance. Please join us for another exciting episode on a very timely topic in the ever-changing world of vaccine mandates.
45:18
November 22, 2021
OSHA's Private Employer Mandate
OSHA's Private Employer Mandate
OSHA's "Private Employer" Mandate for 100 or more employees has some serious legal, personal, and medical implications. In this episode, we dive into the mandate, what it means, who it applies to, and what employers need to do to get ready.
40:59
November 11, 2021
Covid Vaccine Mandates with Dr. Joseph Kanter and Greg Waddell, Esq.
Covid Vaccine Mandates with Dr. Joseph Kanter and Greg Waddell, Esq.
The legal issues surrounding Covid vaccine mandates change by the minute. Health Law Talk brings experts to the table to unpack how mandates might affect you, your family and your business. This week, Conrad Meyer and Rory Bellina welcome Dr. Joseph Kanter, the Louisiana State Health Officer, and Greg Waddell, Esq., the Louisiana Hospital Association VP of Legal Governmental, and Regulatory Affairs, to weigh in on this ever-changing subject. We’ll look at Louisiana legislative efforts and legal cases as well as the effect upcoming OSHA ETS (emergency temporary standards) may have on private businesses. How might religious or medical exemptions apply? How are Louisiana State courts interpreting these evolving issues?
01:09:27
November 04, 2021
Social Media & Healthcare
Social Media & Healthcare
This episode of health law talk discusses the implications of social media in healthcare. In today's business world, it is imperative that providers and healthcare systems connect with people via social media. Having a digital presence definitely has positive impacts on many areas of a providers business. However, even though there are many positive aspects of a digital presence, there are also many concerns and pitfalls. Having a proper social media policy that safeguards providers and businesses helps prevent issues from arising. When issues do pop up, taking specific methods, responses, and approaches to alleviate or even eradicate negative responses becomes a paramount importance for providers and businesses alike. Conrad Meyer and Rory Bellina discuss these implications and provide some best practices to help insulate providers and businesses from these problems while capitalizing in the digital marketplace.
45:29
October 28, 2021
The Hidden Co$t$ of COVID
The Hidden Co$t$ of COVID
The COVID-19 pandemic has cost individuals and businesses millions of dollars, but what are some of those "hidden costs?" In this episode, we explore what they were and will continue to be!
25:07
October 20, 2021
SBA Loans
SBA Loans
In this week’s episode, Adam M. Stumpf (small business attorney with CSW) provides the listeners with information on the SBA’s COVID specific Economic Injury Disaster Loan (EIDL).  The COVID pandemic has created financial hardship for many businesses.  A variety of programs have been rolled out by the Local, State and Federal government. One of the most popular loans is the EIDL.  Adam explains the ins and outs of the EIDL, including eligibility, deadlines to apply, maximum loan amounts and more.  Adam M. Stumpf is a small business attorney that has followed the EIDL from its creation by Congress.  He can be reached at as@chehardy.com for more information.
24:44
October 14, 2021
Nonprofits!
Nonprofits!
On the latest episode of Health Law Talk, we get into the details of how to start a nonprofit organization. Hosts Conrad Meyer and George Mueller sit down with Dr. Alice Hoyt to discuss the details of her nonprofit the Teal Schoolhouse.  Teal Schoolhouse is responsible for a national program targeting schools, universities, and businesses called Code Ana that helps these entities put together emergency response policies/protocols dealing with allergic reactions as well as instructional education and training on the use of autoinjector EpiPens.  During this podcast, we get into the considerations, initial expenses, and legal issues Dr. Hoyt faced in putting together the Teal Schoolhouse.  This is a fantastic episode for anyone who is never considered putting together a nonprofit organization and needed a foundation on where to start.
33:04
October 07, 2021
Mental Health & COVID: The Older Population (Pt. 3 of 3)
Mental Health & COVID: The Older Population (Pt. 3 of 3)
In Part 3 of 3 on our series of Mental Health and COVID, we talk with Gina Rossi, LCSW-BACS, DCSW, MHSA, about the challenges she has seen and faced in treating the older population during the COVID-19 pandemic, including isolation, mask and vaccine mandates, and technology challenges faced using teletherapy.
42:51
September 30, 2021
Mental Health & COVID: Adults (Pt. 2 of 3)
Mental Health & COVID: Adults (Pt. 2 of 3)
There is no question that COVID-19 restrictions, mandates, and directives have impacted the mental health of adults and families across the world. In Part 2 of our series on Mental Health & COVID, Rory Bellina and Conrad Meyer sit down with experts Felicia Kleinpeter, Chief Executive Officer and cofounder of Imagine Recovery, and Christopher O'Shea, cofounder of Imagine Recovery, to discuss the impact COVID-19 restrictions, mandates, and directives have had on adults and families. In this very timely podcast, listeners will be provided valuable resources on how to detect, address, and assist family members and adults who might be going through mental health issues during the pandemic. Ms. Kleinpeter and Mr. O'Shea will provide detail information on how to best support families and adults to help their stress, anxiety, and other mental health issues regarding the ever-changing mandates during this pandemic.
48:15
September 23, 2021
Special Episode: OSHA Vaccine Mandate
Special Episode: OSHA Vaccine Mandate
Last week, President Biden announced that under an Emergency Temporary Standard (ETS), the Occupational Safety and Health Administration (OSHA) soon will require all private employers with more than 100 employees to require workers to become vaccinated or submit to weekly COVID-19 tests. In this episode we discuss where OSHA came from, what it typically regulates, and how this mandate is currently being challenged by employers, including pros and cons to a mandate of such type.
24:16
September 20, 2021
Mental Health & COVID: Adolescents (Pt. 1 of 3)
Mental Health & COVID: Adolescents (Pt. 1 of 3)
The Covid pandemic has changed the behavior and social interactions of millions of people. Various mandates, including mask mandates and social distance mandates, along with online classes or business closures have affected millions of people across the world. A couple of the most affected groups of individuals are adolescents and young children. Adolescents and young children are now required to wear masks at school as well as be socially distant from their peers. Some schools have required vaccine mandates for adolescents. These mandates and the current state of Covid have put a tremendous mental burden on adolescents and young children. Please join us on our show where we have a panel discussion with two mental health experts: Tanya Stuart, owner of Genesis behavioral health services and intensive outpatient program in Baton Rouge, Louisiana, and Brandy Klingman, owner of Legacy Behavioral Health, and outpatient psychiatric clinic with counseling and medication management services for adults and adolescents in Baton Rouge, Louisiana.  Mrs. Stuart and Mrs. Klingman sit down with us to discuss the mental effects of the Covid mask mandates along with the social distancing requirements place on young children and adolescents.  We discuss and provide details regarding what to look for in young children and adolescents to help parents and families address these mental health issues before they become a crisis. In addition, both Mrs. Stuart and Mrs. Klingman provide detailed information on resources and support to help families and parents with young children/adolescents during this pandemic.  Expert advice from our panelists provides vital information to parents, families, and individuals to help cope with the various mandates, social distancing, online classes, and other factors that are ever-changing during this pandemic. This podcast is a must-listen for all who have young children and adolescents and are dealing with this.  We hope you join us on part 1 of this part 3 series.
49:22
September 16, 2021
Vaccination "Passports", PHI, & HIPAA
Vaccination "Passports", PHI, & HIPAA
Every day, more and more cities are enacting vaccine "mandates" or restrictions on what you can (and can't) do if you are unvaccinated. But how does this affect your rights under HIPAA? Is your vaccination card considered PHI? 
27:53
August 26, 2021
Balance Billing
Balance Billing
Have you ever been to a hospital that you thought was “in-network”, only to receive a bill sometime later from an “out of network” provider? In this week's episode of Health Law Talk, Conrad Meyer and Rory Bellina discuss “balance billing,” including what it is, how it works (and doesn’t work!), and changes coming on the state and federal level!
34:56
August 19, 2021
APRNs and Collaborative Practice Agreements
APRNs and Collaborative Practice Agreements
In this week's episode of Health Law Talk, Conrad Meyer and Rory Bellina discuss APP's or advanced practice providers. In the 1960s and 70s, a family physician was usually in a solo practice with maybe one or two fellow physicians. Supporting that practice were the nurses, aides, lab technicians, or even a spouse who might help with obtaining lab work, blood draws, or other services. In today's complex healthcare delivery system, mid-level providers, often referred to as advanced practice providers (APPs), include advanced practice registered nurses (APRNs), physician assistants (PAs), and clinical nurse specialist (CNS), just to name a few.  These APP's are continuing to increase in number as well as their scope of respective practices. The nuances involving the APP scope of practice along with the needs of an ever demanding population craving healthcare require decisions involving the role that APPs will play alongside physician providers in delivering the healthcare that is desperately needed in today's marketplace. This episode will delve into these topics and more so please join us for this exciting episode on APP's with Health Law Talk.
24:59
August 12, 2021
Anatomy of an Employment Agreement
Anatomy of an Employment Agreement
In the US healthcare delivery system, physicians are exposed after residency and fellowship should numerous choices of whether or not to become employed by hospital systems, group practices, or start their own practice. On this episode of health law Talks, healthcare attorneys Conrad Meyer And Rory Bellina sit down with special guest Dr. Sagar Shah, a newly employed orthopedic hand surgeon, to discuss the details and the anatomy of a physician employment agreement. Dr. Shah shares with Mr. Meyer and Mr. Bellina his thoughts on what issues were important to him as a physician in his employment contract as well as the research and preparation He felt was necessary when negotiating with future hospital employers. This episode details various provisions of the contract including compensation models, call coverage scheduling and Reimbursement, noncompete agreements, termination provisions, as well as numerous other provisions of a physician employment agreement. Do not Miss this highly informative episode on the anatomy of a physician employment agreement.
38:08
August 05, 2021
Noncompete Agreements
Noncompete Agreements
It may not be obvious, but in the Healthcare field, there are pros! (and cons of course) to non-compete agreements that prevent providers from doing business where employers conduct, or even plan to conduct, business, either during or after that provider’s employment ends. In this episode of Health Law Talk, attorneys Conrad Meyer and Rory Bellina focus on non-compete agreements in employment contracts. Looking at the issue from both the employer and the provider perspective, the counselors unpack pending Louisiana legislation poised to completely change the landscape for employers and employees alike when it comes to non-compete agreements.
26:23
July 29, 2021
COVID Vaccines
COVID Vaccines
Can you mandate the Covid-19 vaccine for patients or employees prior to FDA Approval? Health Law Attorneys Conrad Meyer and Rory Bellina discuss current EEOC guidance and recommendations and what that looks like under Emergency Use Authorization and FDA Approval of the vaccine. They also consider the voluntary approach vs. the mandatory approach and the questions that arise from both.
23:16
July 23, 2021
Incident-To Billing
Incident-To Billing
How can Incident-To billing bring more revenue to your practice? When physicians rely on advanced practice providers (APPs) to maximize services to patients, reimbursement from Medicare dips to 85% percent of the physician's professional fees – which can add up to a big loss of revenue. In order to maximize a practices' revenue, practices can bill these APPs as "incident-to" capturing the full 100% of the professional fee instead of 85%.   The trick is how to comply with CMS guidelines in order to use "incident-to" billing for your practice.  Join us for Episode 102 of our new podcast Health Law Talk as we interview Keith Hustak, VP of APP at Superior Health, to discuss his experience regarding Incident-To and the pitfalls v. positives of seeking reimbursement of the 100%.
36:51
July 15, 2021
Introduction to Health Law Talk presented by Chehardy Sherman Williams
Introduction to Health Law Talk presented by Chehardy Sherman Williams
In this first episode of Health Law Talk, Healthcare attorneys Conrad Meyer and Rory Bellina discuss the services Chehardy Sherman Williams provides to their healthcare clients, as well as an overview of the firm practice areas. Hear about how these two attorneys got their start in the field of healthcare law and how that experience helps their clients better navigate the comprehensive, legal issues of this complex, ever-changing industry. Look for upcoming weekly episodes on Health Law Talk each Thursday.
18:03
July 06, 2021