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|Final Meaningful Use Regulations Published|
Courtney Scrubbs, David S. Szabo, Michaela ("Kayla") Tabela; Edwards Wildman Palmer LLP;
September 19, 2014, previously published on September 2014On September 4, 2014, the U.S. Department of Health and Human Services, the Centers for Medicare & Medicaid Services (CMS), and the Office of the National Coordinator for Health Information Technology (ONC) published in the Federal Register a final rule on meaningful use. Significantly, the...
|OSHA Makes Significant Revisions to Injury and Illness Reporting Requirements|
Tressi L. Cordaro, Nickole C. Winnett; Jackson Lewis P.C.;
September 19, 2014, previously published on September 16, 2014The Occupational Safety and Health Administration (OSHA) released its final rule for Occupational Injury and Illness Recording and Reporting Requirements, revising the requirements for reporting work-related hospitalizations and requiring the reporting of all amputations and eye losses. Assistant...
|Supreme Court Of Canada Denies Leave To Appeal From Decision Clarifying Available Disgorgement Remedies In Competition And Consumer Protection Claims|
Michelle T. Maniago, Alessandra V. Nosko; Borden Ladner Gervais LLP;
September 18, 2014, previously published on September 8, 2014On Thursday, September 4, 2014, the Supreme Court of Canada dismissed the plaintiffs’ motion for leave to appeal in Wakelam v. Wyeth Consumer Healthcare/Wyeth Soin de Sante Inc. The leave application arose from a 2014 British Columbia Court of Appeal decision that clarified whether plaintiffs...
|Phoenix Firms Rising Out of the Ashes of Health and Safety Cases|
Anne Davies; Withers Bergman LLP;
September 18, 2014, previously published on September 10, 2014This case is notable for the way in which the court approached the sentencing of a company and its director, where it appeared that a phoenix firm was likely to arise. It suggests a possible new approach from the court when dealing with so-called ‘phoenix’ firms in health and safety...
|Is A "Legal Marijuana Business" Really Legal?|
Bruce E. Reinhart; McDonald Hopkins LLC;
September 17, 2014, previously published on September 16, 2014As more states legalize marijuana for medical or recreational use, budding entrepreneurs believe they will get rich from marijuana businesses that comply with the laws of a particular state (so-called “legal marijuana businesses”). They see opportunities to grow marijuana, to own...
|A (Second) Lawsuit Seeks to Compel Statutory Timeframe for Administrative Law Judge Review of Medicare Claims Appeals|
Lynsey Mitchel; Sheppard, Mullin, Richter & Hampton LLP;
September 17, 2014, previously published on September 11, 2014On August 26th, the Center for Medicare Advocacy filed a nationwide class action lawsuit against the Secretary of Health and Human Services. The complaint alleges that, as implemented, the Medicare administrative review process is in violation of Medicare statutory obligations and the Fifth...
|September 22 Deadline Looms: Less than Three Weeks Remain to Update Business Associate Agreements under Final HIPAA Omnibus Rule|
Kevin Page, Colbey B. Reagan; Waller Lansden Dortch & Davis, LLP;
September 17, 2014, previously published on September 4, 2014On January 25, 2013, the U.S. Department of Health and Human Services (HHS) published its final HIPAA omnibus rule (“Omnibus Rule”) aimed at strengthening the privacy and security protections for health information. The year-long, extended “transition period” for covered...
|Final Meaningful Use Rule: CMS Loosens its Grip|
Vinay Bhupathy, Aytan Dahukey; Sheppard, Mullin, Richter & Hampton LLP;
September 17, 2014, previously published on September 15, 2014The Centers for Medicare & Medicaid Services (“CMS”) finalized a rule on August 29th which should give providers some breathing room in complying with meaningful use requirements for the Electronic Health Record (“EHR”) Incentive Program (the “Final Rule”)....
|Unlocking the Promise of Personalized Medicine: Reimbursement, Coverage, and Clinical Utility|
Antoinette F. Konski; Foley & Lardner LLP;
September 17, 2014, previously published on September 15, 2014AmerisourceBergen, in connection with the Business of Personalized Medicine Summit, released “Unlocking the Promise of Personalized Medicine: Perspectives on Reimbursement, Coverage, and Clinical Utility” (“Report“). The Report explores the role of personalized medicine in...
|The Creeping Union Part I: Could a “Micro-Union” Happen to You?|
Gael Y. Hagan, Anne B. Sekel; Foley & Lardner LLP;
September 17, 2014, previously published on September 12, 2014Is it ever too early for a startup business to consider the potential impact of unionized labor on future operations? According to a line of cases stemming from a groundbreaking 2011 National Labor Relations Board (NLRB) decision, the answer is “no.” In fact, as explained below, the...