Larry Kelly, Author at Brown & Fortunato

HIPAA Disclosures in Crisis Situations, Including Opioid Overdose Situations

Providers must be cognizant of their ability and/or responsibility to share protected health information (PHI) of patients suffering from opioid addiction. Recently, U.S. Health and Human Services Office for Civil Rights (OCR) published guidance regarding the disclosure of PHI for patients in crisis, including those experiencing opioid addiction and/or overdose. In providing this guidance, OCR […] More...

Temporary Restraining Orders Issued to Prevent Overpayment Recoupments by U.S. Health & Human Services

Federal courts in Texas issued two temporary restraining orders (TROs) against HHS in the second half of 2018 to prevent HHS from recouping alleged overpayments from certain providers. In each case, the provider claimed that HHS violated the provider’s procedural due process rights because the provider was not allowed a hearing before an Administrative Law […] More...

Special Telemedicine Controlled Substance Registration to be Required

The Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (the SUPPORT Act) was signed into law at the end of October 2018. Amongst many other items, the SUPPORT Act directs the U.S. Drug Enforcement Agency (the DEA) to establish a registration for practitioners who prescribe controlled substances to patients […] More...

ACA Ruled Unconstitutional

On December 14, 2018, in Texas v. United States, Judge Reed O’Connor from the U.S. District Court for the Northern District of Texas ruled that (1) the Individual Mandate in the Affordable Care Act (ACA) is unconstitutional, and (2) the remaining provisions of the ACA are invalid. The ruling does not immediately affect the healthcare […] More...

Brown & Fortunato announces two new shareholders

Brown & Fortunato is pleased to announce Tom Knapp and Alfonso Zambrano have been named shareholders in the firm. Tom Knapp is a member of Brown & Fortunato’s Corporate Group. His practice includes general business matters with an emphasis on mergers and acquisitions, healthcare transactions, corporate governance, business start-ups, business counseling, corporate finance, trademark filings, […] More...

ADEA Now Applies to All Governmental Entities, Regardless of Size

by: Allison L. Davis On November 6, 2018, the United States Supreme Court issued an opinion holding that all state and local governments are covered employers under the Age Discrimination in Employment Act (“ADEA”), regardless of size. Mount Lemmon Fire Dist. v. Guido, ___ U.S. ____, 2018 WL 5794639, at *5 (Nov. 6, 2018). In […] More...

Brown & Fortunato, P.C. is Growing

Amarillo law firm Brown & Fortunato is growing. The firm opened its doors in 1995 with three attorneys, and has since experienced extraordinary growth. Today, Brown & Fortunato has thirty-four attorneys, including 14 shareholders. Adapting to 21st century demands, the firm has lawyers located in Amarillo, Alabama, Arizona, Connecticut, Kansas, and Kerrville, Texas. A full […] More...

Allison L. Davis Serves As Chairman of the Board of Medical Center League House

Allison L. Davis serves as the Chairman of the Board of Directors for Medical Center League House. The mission of the Medical Center League House is to serve as a home away from home for patients and their families coming to Amarillo, Texas for healthcare treatment. It seeks to provide comfortable and affordable lodging in […] More...

Todd A. Moody returns to Brown & Fortunato, P.C.

Todd A. Moody has returned to Brown & Fortunato after practicing at a large firm in Phoenix. Mr. Moody graduated summa cum laude with a B.A. in Psychology from Arizona State University. He attended the Texas Tech University School of Law on a Regent’s Scholarship for academic achievement and later graduated magna cum laude. His […] More...