Senate Bill No. 591, which was Truly Agreed to and Finally Passed by the Missouri General Assembly on May 12, 2020, modifies four statutes regulating punitive damages in civil cases. At the forefront of the bill is the new and heightened burden of proof resting on a plaintiff wishing to bring a punitive damages claim against a defendant. Under Section 510.263.1, a plaintiff must prove by “clear and convincing evidence that the defendant intentionally harmed the plaintiff without just cause or acted with a deliberate and flagrant disregard for the safety of others.” The bill will be sent to the Governor for approval and signing. If signed by the Governor, the provisions in the act shall apply to any civil cause of action filed on or after the effective date of August 28, 2020.
We provide insights and analysis for physicians, nurses, chiropractors, dentists, physical therapists and other health professionals on issues impacting their practices.
COVID-19 has brought uncertainty and fear into the lives of Americans and the world, and we have seen the country come to a screeching halt in order to slow the spread of this novel coronavirus. Due to the overwhelming increase in COVID-19 infections in long-term care facilities throughout the United States, the Center for Medicare and Medicaid Services (CMS), which is responsible for ensuring the health and safety of nursing home residents, recently issued a memorandum outlining new guidelines for nursing homes to help control and prevent the spread of the disease. The CMS is working hand-in-hand with the Center for Disease Control (CDC) to provide nursing homes with guidance how to keep residents safe.
Health care providers on the front-lines of the battle against COVID-19 should be provided every weapon that can be mustered. This includes protection from lawsuits while fighting this deadly, insidious and invisible foe. However, health care providers must temper their reliance on the recently enacted laws, executive orders or declarations of civil immunity, as they are not a cloak of unassailable malpractice PPE as reported in the news media
The Centers for Medicare & Medicaid Services (CMS), The Health and Human Services Department (HHS), as well as other health related federal agencies, have continued to waive requirements, or expand services and benefits in an effort to help contain the COVID-19 virus.
With the increasing strain on healthcare provider needs, the Department of Health and Human services announced on March 18th that as long as a healthcare provider holds an equivalent license from another state and are not affirmatively barred from practice in that state or any state that is included in the emergency area, they can provide care in any state. This allows personnel and supplies to travel to where they are needed most to fight this epidemic.