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HTMLAcademic Health Center Settles Alleged HIPAA Violations With $2.7 Million Penalty
Carol A. Hyde; Iseman, Cunningham, Riester & Hyde LLP;
Legal Alert/Article
July 26, 2016
Oregon’s only academic health center has agreed to pay a penalty of $2.7 million to settle alleged HIPAA violations.

 

HTMLFDA Clarifies Its Position on Several Compounding Issues in New Draft Guidance Documents
Duane Morris LLP;
Legal Alert/Article
July 22, 2016, previously published on May 12, 2016
On April 15, 2016, the U.S. Food and Drug Administration (FDA) announced the release of three new draft guidance documents on drug compounding under Sections 503A and 503B of the Food, Drug, and Cosmetic Act (FDCA).[1] These draft guidance documents cover:

 

HTMLNavigating Pennsylvania's New Medical Marijuana Act: What Employers Need to Know
Duane Morris LLP;
Legal Alert/Article
July 22, 2016, previously published on May 17, 2016
On April 17, 2016, Pennsylvania Governor Tom Wolf signed the Medical Marijuana Act (“the Act”) into law. The Act, which takes effect on May 17, 2016, legalizes the use and possession of medical marijuana under specified circumstances and provides for a comprehensive program of...

 

HTMLTackling the Dragon of Hospital Price Disparity: Massachusetts’s On-Going Efforts to Address Price Equity
Eric R. Blythe, Stephen M. Weiner; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 22, 2016, previously published on June 8, 2016
Price disparities among hospitals pose one of the more intractable issues for policy makers, regulators and the government. That they exist is indisputable. Why they exist is a source of much contention. And the issue creates great disunity within the hospital world, causing fissures especially...

 

HTMLPay Attention to Business Associate Agreements!
Cynthia J. Larose; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 22, 2016, previously published on March 22, 2016
For our HIPAA-covered entity readers, we have asked these questions before: Have you taken a business associate inventory ? Have you undertaken a comprehensive risk assessment as required by HIPAA?

 

HTMLNew Rules for ACOs in the MSSP
M. Daria Niewenhous, Stephen M. Weiner, Bridgette A. Wiley; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 20, 2016, previously published on June 15, 2016
CMS issued a final rule, published in the Federal Register on Friday, June 10, 2016, updating how the performance of ACOs participating in the Medicare Shared Savings Program (MSSP) is measured and compensated. This rule is part of an ongoing effort to move Medicare away from a model that pays for...

 

HTMLAt Long Last, CMS Issues Final Rule for Lab Fee Schedule Changes
Karen S. Lovitch, Kate F. Stewart; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
July 20, 2016, previously published on June 20, 2016
Last Friday afternoon CMS released its eagerly anticipated final rule (the Final Rule) implementing the Protecting Access to Medicare Act of 2014 (PAMA), which, together with the Final Rule, will make sweeping changes to the rate-setting process under the Medicare Clinical Laboratory Fee Schedule...

 

HTMLThe Supreme Court Adopts Broad Scope of False Claims Act Liability
Brian P. Dunphy; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 20, 2016, previously published on June 16, 2016
A unanimous Supreme Court issued its long-awaited and closely watched decision today on the scope of the False Claims Act (“FCA”), and the Court affirmed the FCA’s long reach. Universal Health Services, Inc. v. United States ex rel. Escobar et al., No 15-7. The decision has...

 

HTMLArbitration Agreements Under Fire in New Jersey
Sharon A. Campbell-Suplee; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 20, 2016, previously published on June 1, 2016
Long-term care facilities often utilize arbitration clauses in admission agreements with residents. Arbitration is beneficial for a number of reasons, such as reducing litigation costs and keeping disputes private. The use of arbitration can also have long-term benefits, including preventing a...

 

HTMLAiring the Hospital’s Dirty Laundry: Developments In Keeping the Evaluation of Adverse Incidents Confidential
David R. Bear; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 20, 2016, previously published on June 1, 2016
In 2004, the availability of hospital records regarding adverse incidents in Florida changed dramatically. Prior to that date, statutes that protected the confidentiality of the peer review process § 395.0193 and § 766.101, credentialing § 395.0191, risk management reports of adverse...

 


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