HSB Blog

EMTALA and the South Carolina Fetal Heartbeat and Protection from Abortion Act

July 18, 2022

The South Carolina Fetal Heartbeat and Protection from Abortion Act (the Heartbeat Act) is now in effect, criminalizing the performance of abortions, absent an exception (rape, incest, to prevent death or “serious risk of a substantial and irreversible impairment of a major bodily function of the pregnant woman,” profound and irremediable congenital or chromosomal anomaly of the fetus). The Heartbeat Act further requires providers to perform ultrasounds and make fetal heartbeats audible prior to performing an abortion (unless an emergency exists). In all cases in South Carolina where an abortion is performed, the provider facility must report the abortion to the South Carolina Department of Environmental Control. A full listing of the requirements of the Heartbeat Act, as well as the reporting requirements, can be found here.  

CMS Issues Emergency Regulation Requiring COVID-19 Vaccinations for Health Care Staff

November 05, 2021

On November 4, 2021, the Centers for Medicare and Medicaid Services (CMS) issued an emergency regulation requiring COVID-19 vaccination of eligible staff at health care facilities that participate in the CMS reimbursement programs. This regulation applies to the following facilities that accept Medicare and/or Medicaid:

Estate Planning in the COVID-19 Era

May 14, 2020

In uncertain times like these, COVID-19 reminds us to be prepared for the unexpected. Do you have an estate plan in place?
 

South Carolina Amends the Adult Healthcare Consent Act

July 01, 2019

The South Carolina General Assembly approved H. 3602 this session which amends Section 44-66-30, the Adult Healthcare Consent Act,  to allow persons who have an “established relationship” with a patient to provide medical consent for that patient.

Employer Policies Involving the Flu Vaccine & Discrimination Under Title VII

March 07, 2018

According to the Centers for Disease Control (“CDC”), the United States experiences a flu season each year. With this year’s flu season considered one of the worst since the 2009-2010 pandemic, many employers wish to implement policies to protect the workplace and wonder whether they can implement policies mandating vaccination for their employees. This desire is particularly present in healthcare because those employees are charged with protecting patient safety and more often exposed to patients with compromised immunity.