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|Circuits Split Over Legality of IRS Rule Mandating Tax Credits for Individuals Covered Through Federal Exchanges under the Affordable Care Act|
Robert P. Charrow, Danielle F. White; Greenberg Traurig, LLP;
July 24, 2014, previously published on July 22, 2014Today, the U.S. Court of Appeals for the D.C. Circuit, in a 2-to-1 decision, written by Judge Griffith, overturned Internal Revenue Service (IRS) regulations issued under the Affordable Care Act (ACA) requiring tax credits be made available to otherwise eligible individuals who purchase health...
|Protecting the Lender: Strategies for Extending Credit to Health Care Providers|
Eric J. Breithaupt; Stites & Harbison, PLLC;
July 24, 2014, previously published on July 21, 2014Contrary to popular belief, lending to a doctor is risky business. The business of a health care provider is specialized, and therefore requires specialized lending. Lenders cannot simply repackage loan documents used for other industries, and having a lien on receivables may not alleviate the...
|The Growth of Telemedicine Means More Alternatives for Patients|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
July 23, 2014, previously published on July 17, 2014On Monday, the Washington Post published an article about the growth of online care in the Washington, D.C. region. The slow but steady expansion of the use of telemedicine is enhanced by guidance from a number of state medical boards calling for providers to use the same standard of care in...
|New Massachusetts Law Targets Self-Referrals of Clinical Laboratory Services|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
July 23, 2014, previously published on July 18, 2014The Fiscal Year 2015 budget for the Commonwealth of Massachusetts, which was signed into law earlier in the week, included a broad prohibition on clinical laboratory self-referrals. This legislation (the “Bill”) originally proposed by the Attorney General’s office was intended to...
|Updated Model Cobra Continuation Coverage Election Notice|
Lamb Barnosky LLP;
July 22, 2014, previously published on July 9, 2014The U.S. Department of Labor recently issued an updated Model COBRA Continuation Coverage Election Notice (a copy is attached to this memo and available at http://www.dol.gov/ebsa/COBRA.html). The Updated Notice must be provided to COBRA qualified beneficiaries within 14 calendar days after the...
|The Affordable Care Act—Countdown to Compliance for Employers, Week 23: The Impact of Employment Contract Terms on Variable Hour Employee Status|
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 22, 2014, previously published on July 20, 2014For applicable large employers (i.e., employers who employed at least 50 full-time and full-time equivalent employees on business days during the preceding calendar year) endeavoring to comply with the Affordable Care Act’s employer shared responsibility rules, determining an employee’s...
|FDA Continues to Bolster Regulation of Compounding Pharmacies|
Laurie A. Clarke, Colleen Heisey, Mark Mansour, Christopher M. Mikson, Emily K. Strunk; Jones Day;
July 22, 2014, previously published on July 2014Armed with new authority granted by the Drug Quality and Security Act ("DQSA"), FDA is increasingly using its regulatory powers to enhance oversight of compounding pharmacies. DSQA amended section 503A of the Food, Drug, and Cosmetic Act ("FDCA") to clarify the scope of...
|DOJ intervenes in first False Claim Act case involving ACA ’60-day repayment provision’|
Edward L. Barker, Kimela R. West; Husch Blackwell LLP;
July 22, 2014, previously published on July 17, 2014 The U.S. Department of Justice (DOJ) and the New York State Attorney General intervened in a federal False Claims Act (FCA) case on June 27, 2014, accusing Mount Sinai Health System of failing to report and return Medicaid overpayments within 60 days of identifying them. See U.S. ex rel Kane v....
|CMS Proposes Changes to the Home Health Face-to-Face Encounter Requirement|
Leslie J. Levinson, Michaela ("Kayla") Tabela; Edwards Wildman Palmer LLP;
July 21, 2014, previously published on July 2014 On July 7, 2014, the Centers for Medicare & Medicaid Services (“CMS”) published a proposed rule updating the Home Health Prospective Payment System (“HH PPS”) rates, including the national, standardized 60-day episode payment rates, the national per-visit rates, and the...
|5 Tips on Deciding Whether to Buy Long-Term Care Insurance|
Dana B. Perry; Chambliss, Bahner & Stophel, P.C.;
July 21, 2014, previously published on July 2014One of the most difficult decisions in long-term care planning is whether to purchase long-term care insurance (LTCI) and which of the wide variety of products to purchase.