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Florida HB 607 - APRNs Can Now Admit, Care, Discharge Patients without Physician Oversight

Earlier this month, lawmakers in both chambers of the Florida legislature passed House Bill 607 — legislation which would allow advanced practice registered nurses, or APRNs, to single-handedly admit, care for, and discharge patients from medical facilities.  This would effectively eliminate the need for physician oversight, a costly expense for independent nurse practitioners.

Proponents of House Bill 607 believe that allowing APRNs greater autonomy, as this legislation will do, has the power to fill the gap of much-needed health care services in rural Florida communities.

Although the new law will eliminate the need for an attending physician’s approval and, as such, may arguably increase the potential for treatment mishaps, the bill provides for numerous safety measures to ensure minimal complications including clear education requirements and experience thresholds for APRNs to qualify.

Under the standards, a “qualified nurse practitioner” will have at least 3,000 hours of experience under the supervision of a physician before he/she can qualify to provide services including family medicine, general pediatrics, and general internal medicine.

House Bill 307 also includes a $5 million budget for a loan repayment program for APRNs who work in primary-care health professional shortage areas or county health departments, community health centers, migrant health centers or any other publicly funded health care programs designated by the state.

The legislation, which was signed by Florida Governor Ron DeSantis, will go into effect on July 1, 2020.

For more information, please contact Amanda Waesch at alwaesch@bmdllc.com, or any of the Healthcare & Hospital Law Practice Attorneys at BMD.

BMD Appellate Win Clarifies Waiver of Contractual Right to Arbitrate

Brennan, Manna & Diamond, LLC attorneys David M. Scott, Lucas K. Palmer, and Krista D. Warren prevailed before the United States Court of Appeals for the Sixth Circuit regarding if/when a party waives a contractual right to arbitrate. Borror Property Management, LLC v. Oro Karric North, LLC, No. 20-3146 (the “Decision”).

Relief for Ohio Under the Federal American Rescue Plan Act

On March 11, 2021, President Biden signed the American Rescue Plan Act (the “Act”) — a $1.9 trillion COVID-19 relief package — a significant portion of which will be directed to the State of Ohio to support economic recovery, as outlined below.

Cleveland Manufacturer Violated OFAC Sanctions By Allowing Shipments To Iran - Know Your Customer and Know Their Customer

UniControl, Inc., a Cleveland, Ohio manufacturer of process controls, airflow pressure switches, boiler controls and other instruments, agreed to pay the Office of Foreign Assets Control “OFAC,” the financial enforcement agency of the U.S. Treasury Department, $216,464 to settle its liabilities for violations of the Iran Sanctions Program. OFAC stated that “this enforcement action highlights the importance of identifying and assessing multiple warning signs that indicate a foreign trade partner may be re-exporting goods to a sanctioned jurisdiction.”

Ohio Breach of Contract Statute of Limitations Shortened to 6 Years

On March 16, 2021, Governor DeWine signed into law S.B. 13 which shortens Ohio’s statute of limitations for filing lawsuits based on breach of contract. A statute of limitation is the time period within which a party must file a lawsuit before its claim expires as a matter of law.

Chinese Product Tariff Challenge Causes Flurry of Importer Lawsuits

A lawsuit filed late in 2020 at the U.S. Court of International Trade (“CIT”) challenging the U.S. Trade Representative’s (USTR) implementation of Section 301 “List 3” and “List 4” duties on products from China, HMTX Industries LLC et al. v. United States (Court No. 20-00177), has resulted in the filing of thousands of additional lawsuits brought by other affected importers. There are now 3,700+ companies added to the list, including Ford, Home Depot, Target, Tesla, and Walgreens, along with many other smaller importers.