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|HHS Releases New Software for Updating (But Not Replacing) HIPAA Security Risk Assessment Toolkits|
Eric A. Klein, Lynsey Mitchel; Sheppard, Mullin, Richter & Hampton LLP;
April 23, 2014, previously published on April 14, 2014Last week, the Department of Health and Human Services (HHS) released a new, free, downloadable tool to assist small and medium-size health care provider offices to conduct security risk assessments (SRA).
|New Data Shows Higher Healthcare Costs in Second Half of 2013 - Is this A Result of the Affordable Care Act?|
Eric A. Klein; Sheppard, Mullin, Richter & Hampton LLP;
April 23, 2014, previously published on April 21, 2014Will insurance expansion and industry consolidation result in higher healthcare costs, at least in the short term, and further stress the economy and the healthcare industry? That highly political question is being asked now in light of preliminary analysis of 2013 healthcare spending data.
|Stage 2 “Meaningful Use”: Counting Patients Who Access Their Online Information Before Discharge|
Kathie McDonald-McClure; Wyatt, Tarrant & Combs, LLP;
April 22, 2014, previously published on April 21, 2014Under the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act), eligible hospitals and critical access hospitals must make a “meaningful use” of “certified electronic health technology” or face reductions in Medicare reimbursement during...
|Is 4-3 the New 3-2? FTC Continues to Target Pharmaceutical Mergers|
Helen J. Kim, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
April 22, 2014, previously published on April 16, 2014The Federal Trade Commission (“FTC” or “Commission”) has often stated that merger analysis requires more than a simplistic determination that high market concentration leads to anticompetitive effects. Still, the antitrust agencies have consistently considered transactions...
|Feds Are Serious About Data Security|
Mark L. Mattioli, David J. Shannon; Marshall Dennehey Warner Coleman & Goggin, P.C.;
April 22, 2014, previously published on April 17, 2014In what could be a landmark ruling in the data breach legal field, a New Jersey district court recently ruled that the FTC's lawsuit against Wyndham Hotels for unfair and deceptive trade practices related to a major data breach could proceed. Although the breach did not happen in a health care...
|Federal Jury Awards Punitive Damages In Actos Bladder Cancer Trial|
Stephen H. Cassidy; Lieff, Cabraser, Heimann & Bernstein, LLP;
April 22, 2014, previously published on April 8, 2014A federal jury in Louisiana yesterday ordered Takeda Pharmaceutical Company and Eli Lilly & Company to pay $1,475,000 in compensatory damages, finding that they failed to adequately warn about bladder-cancer risks of their diabetes medicine Actos. Jurors also found that Takeda and Lilly...
|Speculation on Potential Fall-Out Begins as CMS Releases Medicare Physician Payment Data|
Matthew E. Albers, Robin L. Canowitz, Jolie N. Havens; Vorys, Sater, Seymour and Pease LLP;
April 21, 2014, previously published on April 15, 2014On April 9, 2014, following the release of an injunction against the disclosure of the information, Centers for Medicare and Medicaid Services (CMS) posted all Medicare provider and utilization data (data) on its website. The data reflects that in 2012, more than 880,000 providers billed $252.4...
|FTC Continues Aggressive Posture on Reverse Payment Settlement Agreements with Reference to Disgorgement|
Andrew J. Forman, Daniel J. Howley, Jessica Michaels, Charles F. (Rick) Rule; Cadwalader, Wickersham & Taft LLP;
April 20, 2014, previously published on April 3, 2014In two recent statements, the FTC reaffirmed its intention aggressively to pursue reverse-payment patent settlement agreements in the pharmaceutical industry.
|Unified Residency Accreditation System To Be Launched|
Nili S. Yolin; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
April 17, 2014, previously published on April 14, 2014The Accreditation Council for Graduate Medical Education (ACGME), American Osteopathic Association (AOA), and the American Association of Colleges of Osteopathic Medicine (AACOM) will be forming a unified, single accreditation system for allopathic and osteopathic physicians in 2015. First...
|The Affordable Care Act—Countdown to Compliance for Employers, Week 37: Stalking the Elusive “Variable Hour Employee”|
Alden J. Bianchi, Ed Lenz; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
April 16, 2014, previously published on April 14, 2014For “applicable large employers” (i.e., generally, those employers who employed an average of at least 50 full-time employees on business days during the preceding calendar year), determining which employees are “full-time” employees is central to their efforts to comply...