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|CMS Opens Comment Period for Proposed Workers’ Compensation Medicare Set Aside Appeal Process|
Fineman Krekstein Harris P.C.;
March 7, 2014, previously published on March 5, 2014The Centers for Medicare and Medicaid Services (CMS) has released a proposed plan to expand its current Workers’ Compensation Medicare Set Aside (WCMSA) “re-review” process. CMS has opened a comment seeking industry input on the proposed process and also plans to hold a Town Hall...
|FDA Draft Guidance Clarifies Recommendations for Distribution of Scientific and Medical Publications on Off-Label Use|
Colleen Heisey, Mark Mansour, Christopher M. Mikson, Emily K. Strunk; Jones Day;
March 7, 2014, previously published on March 2014FDA has issued draft guidance revising its 2009 guidance on manufacturers' dissemination of "journal articles" and "scientific or medical reference publications" that address unapproved or "off-label" uses of drugs and devices. The new draft guidance broadens the scope...
|The Affordable Care Act—Countdown to Compliance for Employers, Week 43: Coordinating the 3-Month Delay under Employer Shared Responsibility Rules with the Ban on Waiting Periods Longer than 90 Days|
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
March 7, 2014, previously published on March 4, 2014So much attention has been paid to the issuance of the final employer shared responsibility regulations that some might have missed the news that final regulations were recently issued under another of the Affordable Care Act’s provisions affecting group health plans—i.e., the ban on...
|HIPAA Exceptions and Pitfalls in the Nursing Home Setting|
Kirsten Pepper; Weltman, Weinberg & Reis Co., L.P.A.;
March 6, 2014, previously published on February 24, 2014The Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Pub. L. 104-191, 110 Stat. 1936 enacted August 21, 1996) was enacted to protect the information of patients and regulate storage and electronic transmittal of medical information. Apart from doctors, nurses and nursing homes...
|Medicaid Regional Care Organizations - Turning the Clock Back Twenty Years|
April McKenzie Mason, John T. Mooresmith; Burr & Forman LLP;
March 6, 2014, previously published on February 26, 2014Physicians who were practicing in the 1990s were involved in numerous attempts to organize themselves in order to be able to participate in and even financially survive the onslaught of managed care delivery systems. The new systems were attempting to shift the risk of increasing costs from...
|Vendor Management, Business Associates and the HIPAA Privacy Rule|
Jason K. Wright; Weltman, Weinberg & Reis Co., L.P.A.;
March 6, 2014, previously published on February 24, 2014Ever since the Health Insurance Portability and Accountability Act of 1996 (HIPAA) was enacted, health care providers have developed policies and procedures to ensure their compliance in different ways - asking new patients to sign disclosures and requiring releases to be signed whenever records...
|HHS Issues Guidance on Sharing Mental Health Information|
Jennifer M. Forde; Foley & Lardner LLP;
March 6, 2014, previously published on February 27, 2014The U.S. Department of Health and Human Services (HHS) recently issued guidance on when it may be permissible under the Health Insurance Portability and Accountability Act (HIPAA) for health care providers to share information related to a patient’s mental health, HIPAA Privacy Rule and...
|California Appellate Court Holds Substantial Motivating Factor Required in Wrongful Termination Case|
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
March 6, 2014, previously published on February 28, 2014Mendoza v. Western Medical Center Santa Ana, G047394 (January 14, 2014): A California Court of Appeal recently held that a retrial is necessary in the case of a gay nurse who was fired after his employer investigated his claim that his supervisor, who was also gay, sexually harassed him. The court...
|DEA Issues A Notice of Proposed Rulemaking to Reschedule Hydrocodone Combination Products|
Delia A. Deschaine, Larry K. Houck; Hyman, Phelps & McNamara, P.C.;
March 6, 2014, previously published on March 3, 2014In just shy of three months following receipt of the Department of Health and Human Services (“HHS”)’s rescheduling recommendation, DEA announced the issuance of a Notice of Proposed Rulemaking (“NPRM”) Thursday to reschedule all hydrocodone combination products...
|Signed Admission Agreement? Check...Binding Upon Resident? Check...|
Courtney Blowers; Weltman Weinberg Reis Co. L.P.A.;
March 6, 2014, previously published on February 24, 2014Upon being admitted to a nursing facility, oftentimes a person's medical condition makes it difficult or impossible for him or her to sign an admission agreement and accompanying documents.