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HTMLSecond Circuit Holds HR Professionals Can Be Liable as ‘Employers’ Under FMLA
Kelly M. Cardin, John G. Stretton; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 2, 2016, previously published on April 14, 2016
The Second Circuit Court of Appeals has recently held that a human resources manager could be held liable as an employer under the Family and Medical Leave Act (FMLA). In issuing its decision in Graziadio v. Culinary Institute of America, the court also articulated standards for FMLA interference...

 

HTMLHealth Care Congressional Outlook for the Spring Work Period
Eli Greenspan, Alexander Hecht, Rodney Whitlock; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
April 28, 2016, previously published on April 4, 2016
The next work period basically runs from April 4 to May 27, with both chambers adjourning for a week long recess the week of May 2. Following this work period, there will be five weeks left on the legislative calendar before Congress recesses for Summer. This means legislative initiatives will have...

 

HTMLSenate HELP Committee Convenes Third and Final Cures Markup
Eli Greenspan; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
April 27, 2016, previously published on April 6, 2016
This morning the Senate Committee on Health, Education, Labor, and Pensions (HELP) will hold its third and final markup for its biomedical innovations package. This package is a compliment to the House-passed 21st Century Cures Act, which the House passed in July of 2015. The previous two hearings...

 

Adobe PDFThe Intersection of Bankruptcy and Health Savings Accounts: Are HSA Accounts Exempt From Bankruptcy Estate?
Ryan D. Thompson; Burr & Forman LLP;
Legal Alert/Article
April 26, 2016, previously published on March 2016
In 2003, Congress passed the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (the "Act").1 The Act authorized states to create health savings accounts ("HSAs") with taxpreferred treatment to encourage individuals with high-deductible health insurance plans...

 

HTMLIllinois Creates Health Care Fraud Elimination Task Force
Katherine S. Makielski, Heather M. O'Shea; Jones Day;
Legal Alert/Article
April 26, 2016, previously published on April 2016
On April 5, 2016, Illinois Governor Bruce Rauner signed Executive Order 16-05, creating a new Health Care Fraud Elimination Task Force to address fraud, abuse, and waste in the state's health care programs. The Task Force will be led by Executive Inspector General Maggie Hickey and consist of 11...

 

HTMLChallenges to Medicare Advantage Plans Passing Sequestration Cuts Through to Contracted Providers
Clay J. Countryman; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
April 21, 2016, previously published on April 2016
Based on a 2013 memorandum by the Centers for Medicare and Medicaid Services (CMS) clarifying Sequestration payment reductions in the Medicare Advantage Part D and other programs, several healthcare providers have been successfully challenging the reduction in payments to them by Medicare Advantage...

 

HTMLPhysicians Face Significant Liability for Purchasing Imported Drugs and Medical Devices
Clay J. Countryman; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
April 21, 2016, previously published on April 2016
A recent trend has been the increasing number of civil settlements and criminal convictions by physician practices that purchased foreign prescription drugs and medical devices from Canada and other countries that have not been approved by the U.S. Food and Drug Administration (FDA) for us in the...

 

HTMLRecognizing the Dangerous Effects of Blood Thinners
Law Offices of Peter G. Angelos A Professional Corporation;
Legal Alert/Article
April 17, 2016, previously published on March 17, 2016
Anticoagulants are a powerful way to prevent blood clots and stroke in atrial fibrillation patients, as these medications work by increasing blood flow within a patient’s body. However, these medications can also cause severe internal bleeding events which can lead to a number of serious and...

 

HTMLFDA Updates Guidance for Essure Birth Control
Law Offices of Peter G. Angelos A Professional Corporation;
Legal Alert/Article
April 17, 2016, previously published on March 14, 2016
Essure is a hysteroscopic implant method of sterilization that provided a less invasive alternative to other hysteroscopic procedures used. The device is intended to provide women with a permanent form of birth control.

 

HTMLDallas Men Marketing Compounded Pain Creams Busted for Healthcare Fraud
Waters Kraus LLP;
Legal Alert/Article
April 14, 2016, previously published on March 10, 2016
Owners of a Dallas marketing and research company are accused of defrauding TRICARE, the military healthcare system, out of millions of dollars for compounded products made by pharmacies.

 


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