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|New York “Surprise Bill” Affects Health Care Providers|
Underberg Kessler LLP;
April 20, 2015, previously published on February 2015Have you heard? A New York State law regarding surprise billings from medical providers becomes effective April 1, 2015. The general purpose of the law is to address persistent consumer complaints regarding unanticipated bills from out-of-network health care providers. As such, large portions of...
|Court Holds that ‘Supremacy Clause’ Does Not Create a Private Right of Action to Enforce the Provisions of Medicaid|
Robert P. Charrow; Greenberg Traurig, LLP;
April 17, 2015, previously published on April 1, 2015On Tuesday, March 31, 2015, in Armstrong v. Exceptional Child Center, Inc., No. 14-15 (U.S. March 31, 2015), the Supreme Court ruled 5-4 that private parties do not have the right under the U.S. Constitution’s Supremacy Clause to sue states over low Medicaid reimbursement rates. Plaintiffs...
|Provider Preparedness in the Wake of CoOportunity Health's Liquidation|
Lisa Ge Shang Han, John M. Kirsner, David T. Morris; Jones Day;
April 17, 2015, previously published on March 2015On March 2, 2015, the Iowa District Court for Polk County entered a Final Order of Liquidation against CoOportunity Health, Inc. ("CoOportunity") after previously placing CoOportunity under a rehabilitation order.
|Digital Health Law Update - An Overview of Notable Happenings Affecting Digital Health, Mobile Health, and Telemedicine, Volume I, Issue I|
Scott A. Edelstein, Stephen E. Gillette, Alexis Slagle Gilroy, Kevin D. Lyles, Soleil E. Teubner; Jones Day;
April 17, 2015, previously published on March 2015Jones Day lawyers are at the forefront of digital health and health information technology topics, with leading industry attorneys around the globe experienced in all aspects of the legal and regulatory issues arising from the use of technology and devices to deliver and improve health care and...
|New Medicare Opt In/Opt Out Requirement for Prescribers of Drugs Covered by Medicare Part D (Now Including Dentists)|
Rick L. Hindmand, John T. Mulligan, Jane Marie Pine Wood; McDonald Hopkins LLC;
April 15, 2015, previously published on April 10, 2015Effective Dec. 1, 2015, persons who prescribe drugs covered by Medicare Part D to their patients must either enroll in Medicare or have a valid record of opting out. Among others, dentists are now subject to this requirement. If you neither enroll nor opt out, pharmacists will not fill your...
|3D Printing in Medicine - Now?|
Lori R. Semlies; Wilson Elser Moskowitz Edelman & Dicker LLP;
April 15, 2015, previously published on February 12, 2015Advances in medical technology have made it possible to interpret x-rays from half way around the world, perform surgery through robots and diagnose dermatological conditions via Skype. Today we are on the cusp of further developments that will allow medical technicians to use 3D printers to...
|Hospital CEO Blows Whistle|
Catherine A. Bledsoe; Gordon Feinblatt LLC;
April 15, 2015, previously published on Spring 2015A federal appeals court recently held, in United States v. Health Management Associates, that a hospital executive's first-hand knowledge of the hospital's business practices provided a sufficient basis for him as a relator to state a qui tam claim against the hospital under the False Claims Act,...
|Mining Industry Coalition Opposes Proposed Civil Penalty Rule Changes under Mine Act|
Henry Chajet, Mark Savit; Jackson Lewis P.C.;
April 15, 2015, previously published on April 1, 2015Opposing a proposed Mine Safety and Health Administration (MSHA) rule changing the civil penalty assessment formula for violations of the Federal Mine Safety and Health Act (30 CFR Part 100) to ratchet up penalties, a coalition of mining industry companies, represented by the Jackson Lewis’...
|CMS Avoids Medicare Cuts|
McDonald Hopkins LLC;
April 15, 2015, previously published on April 10, 2015Medicare Advantage will not see a payment cut this year, indeed, for the third year in a row Medicare Advantage will receive a payment increase.
|Time to Reform the Corporate Practice of Medicine Doctrine?|
Jonathan E. Montgomery; Gordon Feinblatt LLC;
April 15, 2015, previously published on Spring 2015In Maryland, the corporate practice of medicine doctrine prohibits a corporation from operating a physician practice, unless the corporation is owned exclusively by physicians or related licensed professionals, or the corporation is itself licensed or statutorily permitted to practice medicine, as...