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HTMLHHS Says New Healthcare Website Will Work
McDonald Hopkins LLC;
Legal Alert/Article
October 19, 2014, previously published on October 10, 2014
Federal health officials say they have reconfigured and rebuilt the enrollment website for the Affordable Care Act to avoid a repeat of last year's disastrous launch.


Adobe PDFWhy Whistleblowing Laws Are So Significant to Health Care Entities
Galit Kierkut; Sills Cummis & Gross P.C.;
Legal Alert/Article
October 17, 2014, previously published on September 30, 2014
The New Jersey Supreme Court has recently rejected a whistleblower’s attempt to rely on, among other sources, the American Nursing Code of Ethics (the “Nursing Code”) to establish his claim under the Conscientious Employee Protection Act (“CEPA”). The Court’s...


HTMLThe Employer’s Reference Guide to Information About Ebola
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 17, 2014, previously published on October 13, 2014
Concerns related to the Ebola outbreak are increasing among both employers and employees in the United States. The outbreak is currently most active in the West African nations of Guinea, Liberia, Nigeria, and Sierra Leone. However, there has been at least one confirmed death from the disease in...


HTMLTelemedicine Advances Allow Remote Patient Care
Sigrid C. Haines; Lerch Early Brewer Chartered;
Legal Alert/Article
October 17, 2014, previously published on September 25, 2014
The field is changing for the use of remotely-provided medical services. While the possibility of remotely-provided medical services received attention in the press some years ago, it has been slow to become a reality. Various issues have contributed to its slow adoption, including the need for...


HTMLNo Data from Self-Insured Plans
Mary L. Porter; Gordon Feinblatt LLC;
Legal Alert/Article
October 17, 2014, previously published on Fall 2014
The U.S. Court of Appeals for the Second Circuit recently held in Liberty Mutual v. Donegan that the federal Employee Retirement Income Security Act (ERISA) prohibits states from requiring self-insured health plans and their third party administrators to provide participant eligibility and claims...


HTMLAre You Prepared to Deal with Potential Exposure to Ebola in the Workplace?
Bennet D. Alsher, Amy R. Turci; Ford & Harrison LLP;
Legal Alert/Article
October 17, 2014, previously published on October 14, 2014
Executive Summary: With the diagnosis of the second Ebola case in the United States on October 12, 2014 - one in which a healthcare worker contracted the lethal disease while performing her job duties - U.S. employers are examining what necessary precautions should be taken to control and prevent...


HTMLOIG Seeks Comment on Recently Published Proposed Rule Expanding Anti-Kickback Safe Harbors
Lynsey Morris Barron, Richard H. Deane, Gerald M. Griffith, Rebekah N. Plowman, Stephen G. Sozio; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
The federal Anti-Kickback Statute ("AKS") criminalizes the solicitation or payment of remuneration in order to induce business that is reimbursable under the Medicare and/or Medicaid programs, such as kickbacks, bribes, and certain rebates. The U.S. Department of Health and Human Services...


HTMLCommercially Confidential Information at Risk: The European Medicines Agency Issues Disclosure Policy
Christian B. Fulda; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
As if the fight for reasonable returns on investment into drug development, currently exemplified by the discussion on the pricing of innovative products, is not enough, the pharmaceutical industry is facing one of its biggest challenges in Europe: the protection of commercially confidential...


HTMLFDA: Industry Must Address Cybersecurity Risks for Medical Devices.
Theodore P. Augustinos, Sharon A. Blinkoff, Ellen Marie Giblin, Mark E. Schreiber, David S. Szabo; Edwards Wildman Palmer LLP;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On October 1, 2014 the U.S. Food and Drug Administration finalized guidance on recommendations to manufacturers for managing cybersecurity risks to better protect patient health and information. The purpose of the guidance is to encourage manufacturers to consider possible cybersecurity risks while...


Adobe PDFSupreme Court Holds Health Care Professional Engaged to Provide an Independent Medical Records Review Owes No Duty of Care to Patient.
Nicole J. Benjamin; Adler Pollock & Sheehan P.C.;
Legal Alert/Article
October 15, 2014, previously published on September 24, 2014
In a case of first impression, the Rhode Island Supreme Court held that a doctor who was hired by a third party to provide an opinion about a patient based solely on his review of the patient’s records did not owe a duty of care to the patient. Consequently, the doctor cannot be held liable...


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