The Louisiana Medicaid Program has notified health care providers that they may be able to receive reimbursement for medical treatment provided to uninsured evacuees of Hurricanes Katrina and Rita. To be reimbursed, the provider must have been enrolled in Medicaid as of August 24, 2005. Continue Reading Medicaid Payment For Uncompensated Care Provided to Hurricane Evacuees

On March 22, Kean Miller, Regions Bank, Latter & Blum, Morgan Keegan, Laporte Sehrt Romig Hand CPAs, New Orleans CityBusiness magazine, and the Algiers Economic Development Foundation will present an important Gulf Opportunity Zone Workshop. Instead of a recitation of the existing GOZone legislation, the workshop will feature an overview of the effect that the legislation will have on Louisiana’s immediate economic future presented by noted economist Dr. Loren C. Scott. After Dr. Scott’s presentation, the sponsors will present three interactive case studies designed to teach businesses how to take advantage of this unique situation.

Online Invitation: http://www.latterblum.com/gozone/gozoneinvite.html

Registration form: http://www.latterblum.com/gozone

March 22, 2006
8:00 a.m. – 1:00 p.m.
PanAmerican Life Center
New Orleans, Louisiana

Admission is free of charge. Continue Reading Gulf Opportunity Zone Workshop

The United States District Court for the Western District of Louisiana, Magistrate Judge Hayes, issued a ruling on February 27, 2006, denying remand in a case involving the Class Action Fairness Act of 2005 (“CAFA”). The case is Robinson v. Cheetah Transportation, 2006 WL 468820 (W.D. La. 2/27/06). As I am still somewhat unfamiliar with CAFA, I will examine its application here in a bit more detail than I might otherwise employ with, say, “meat and potatoes” issues like the potestative condition, the doctrine of renvoi, or stipulations pour autrui.

Cautionary note: the district court judge will review the magistrate’s ruling, if objected to, and an appeal could follow. The decision is far from final.

You should also be forewarned that, according to acronymfinder, there are thirty-two (32) different applications for the acronym “CAFA,” including the “Canadian Association of Freediving and Apnea.” But I digress.

On October 7, 2004, a tractor-trailer struck the Columbia bridge on the Ouachita River in Caldwell Parish. The bridge was closed (and I think it’s still closed). Plaintiff brought a class action on November 28, 2005, on behalf of “all persons and businesses that resided or worked in Caldwell Parish on October 7, 2004, and were affected by the closure of the Columbia bridge.” (Here’s a somewhat pensive related news blurb.) Among other consequences of the accident, the Louisiana Art and Folk Festival was cancelled. Continue Reading Class Action Fairness Act of 2005 – Western District Ruling

The need for “estate planning” is often dismissed by individuals as being a luxury which can only be utilized by the wealthy. However, anyone who owns any property has need for at least some knowledge of estate planning in order to determine who will receive his or her property at the time of death. The term “estate planning” is not restricted to planning or drafting of wills for individuals who will have a federal estate tax consequence at death. “Estate planning”, when used in its broadest sense, is necessary for the husband and wife who want to leave as much as they can to their surviving spouse for that surviving spouse’s economic well-being and protection. It is also necessary for the young husband and wife who have several children, a house with a large mortgage, a small savings, and life insurance. Estate planning is also necessary for the single individual with no children who desires to distribute his or her property in a manner different from the statutory course. Do not let the term “estate planning” fool you. It applies to each of us in some form or fashion. Continue Reading Louisiana Estate Planning: Some Information You Should Know

In Turner v. Murphy Oil USA, Inc., 2006 WL 286009 (E.D. La. 2006), a mass tort class action arising from a crude oil spill in Chalmette during Hurricane Katrina, Judge Fallon certified a class, and Murphy appealed that ruling. Pending the appeal, having denied a stay, Judge Fallon ordered notice to the class pursuant to Rule 23(c)(2) of the Federal Rules of Civil Procedure. Plaintiffs opposed affording an opt-out provision in the notice, on the basis that the definition of the class could be modified by the Fifth Circuit, thus requiring follow-up notice, but Judge Fallon thought it important to inform potential class members of the consequences of opting out immediately, in view of Murphy’s ongoing settlement program. Continue Reading Class Action Notice, Federal Question Jurisdiction, Protection of Customer Data, Supreme Court Examines Reach of Clean Water Act

In Wyeth, Inc. v. Gottlieb, 2006 WL 335602 (Fla.App. 3 Dist.), Florida’s Third District Court of Appeal reversed the trial court’s certification of a Prempro (conjugated estrogen and progestin) medical monitoring class. The court of appeal focused upon the “highly individualistic” nature of causation determination, which depended on individual characteristics and risk factors of the claimant, the dosage, the duration of consumption, other medications being taken, and knowledge of risks. The court also found that these considerations required individual customization of any medical monitoring plan. The evolution in what Wyeth knew, and warned about, over a 10-year period also strongly militated against class certification. Continue Reading Two Recent Decisions of Note on Class Certification, Removal/Remand

In 1999, the Institute of Medicine reported that an estimated 98,000 people die each year as a result of medical errors. On July 29, 2005, nearly six years after that notable report, President Bush signed into law the Patient Safety and Quality Improvement Act of 2005 (the “Act”). This new legislation seeks to reduce the number of future medical errors by creating a national medical error reporting system. Continue Reading New Law Establishes National Database for Reporting Medical Errors

Some malpractice-reform advocates say an apology can help doctors avoid getting sued, especially when combined with an upfront settlement offer. It’s all part of a new movement called “Sorry Works!” or “Say-You’re-Sorry”. In recent years, about fourteen states have passed laws allowing physicians and hospitals to apologize to patients for making mistakes without the fear of such apologies being used as admissions of guilt in subsequent litigation. Continue Reading The “Say You’re Sorry” Movement

The Department of Health and Human Services, Office of Civil Rights (“OCR”), published two bulletins on September 2, 2005 and September 9, 2005 to discuss the application of HIPAA in the wake of Hurricane Katrina. The bulletins expressed the need for persons displaced by the hurricane to obtain ready access to health care and a means of contacting family and caregivers. Continue Reading HIPAA Privacy and Disclosures in Emergency Situations

At a time when everyone in Louisiana appears to be focusing on the aftermath of Hurricanes Katrina and Rita, First Assistant United States Attorney for the Middle District of Louisiana Lyman Thornton assured Kean Miller in a January 25th interview that his office is continuing to focus on health care fraud violations. During the interview with Thornton, he stated that health care fraud has been and will continue to be a priority of his office. Continue Reading Health Care Fraud Remains a Focus for U.S. Attorney in the Wake of Hurricanes Katrina and Rita