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HTMLFourth District Court of Appeal Declares Medical Malpractice Cap Unconstitutional
Conroy Simberg;
Legal Alert/Article
July 14, 2015, previously published on July 8, 2015
On July 1, 2015, the Fourth District Court of Appeal issued its opinion in North Broward Hospital District v. Kalitan, Case Nos. 4D11-4806, 4D11-4833 and 4D11-4834, finding the statutory cap on noneconomic damages unconstitutional in medical malpractice personal injury actions.

 

Adobe PDFHHS Releases Practical Guidance for Boards of Directors on Compliance Oversight
Caroline Gould Bergner, Steve Postal, James C. Pyles, Barbara Straub Williams; Powers Pyles Sutter & Verville, PC;
Legal Alert/Article
July 14, 2015, previously published on May 15, 2015
On April 20, 2015, the Office of Inspector General of the U.S. Department of Health and Human Services (HHS OIG), in collaboration the Association of Healthcare Internal Auditors, the American Health Lawyers Association, and the Health Care Compliance Association, released compliance guidance for...

 

HTMLHospital’s Board Meeting Minutes May Be Protected by Attorney-Client and Peer Review Privileges, But a Department of Health Investigation is Not Privileged
Daniel Dolente; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 14, 2015, previously published on July 6, 2015
Michael Yocabet received a kidney transplant from Christina Mecannic. Prior to the transplant, Yocabet did not have Hepatitis C. It was determined after the surgery that UPMC had transplanted a Hepatitis C-infected kidney from Mecannic. As a result of the transplant, the Department of Health (DOH)...

 

HTMLOIG Adds New Litigation Unit Focused on Fines and Exclusions
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
July 14, 2015, previously published on July 8, 2015
On June 30, 2015, the Department of Health and Human Services’ Office of Inspector General (OIG) announced that it would be staffing a new specialty litigation unit whose sole focus will be on levying civil monetary penalties (CMPs) and excluding individuals and entities from participation in...

 

Adobe PDFDraft 340B Legislation Could Be Included in 21st Century Cures
Joel M. Hamme, Jason B. Reddish, Peggy Tighe, Barbara Straub Williams; Powers Pyles Sutter & Verville, PC;
Legal Alert/Article
July 14, 2015, previously published on May 19, 2015
Late Friday, the House Energy and Commerce Committee staff circulated to a small number of organizations a “discussion draft” of 340B program legislation that could significantly alter the 340B program. There is a possibility that the discussion draft, which one committee staffer...

 

HTMLMedical Residents Held Subject to FICA
Pessin Katz Law P.A.;
Legal Alert/Article
July 13, 2015, previously published on July 2, 2015
In the case of University of Texas System v. U.S., 759 F.3d 437, (2014) the U.S. Supreme Court on April 27, 2015 declined to review a decision of the U.S. Fifth Circuit Court of Appeals which, affirming the district court, held that medical residents working for the University of Texas System were...

 

HTMLUse This Form to Avoid Loved Ones Being Denied Medical Information About You
Dana B. Perry; Chambliss, Bahner & Stophel, P.C.;
Legal Alert/Article
July 13, 2015, previously published on July 2015
If you are in the hospital, the last thing you want is for a family member or a trusted friend to be denied information about your condition or prognosis. But this could happen if you haven’t already given authorization about who can receive details of your medical condition.

 

HTMLA Defendant’s Answer Does Not “Open the Door” to Privileged Communications
Daniel Dolente; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 13, 2015, previously published on July 6, 2015
The plaintiff averred in her complaint that an anesthesiologist who performed a pre-surgical evaluation of the decedent was impaired by alcohol at the time of his consult. The anesthesiologist specifically denied that he suffered from any condition that affected his ability to provide appropriate...

 

HTMLPart D Woes, According to the OIG
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
July 10, 2015, previously published on July 1, 2015
On June 23, 2015, the OIG issued two reports focusing on fraud, waste, and abuse in the Part D program, the first “Ensuring the Integrity of Medicare Part D” and the second “Questionable Billing Practices and Geographic Hotspots Point to Potential Fraud and Abuse in Medicare Part...

 

HTMLOIG to Physicians: Review Your Financial Agreements
Rick L. Hindmand, John T. Mulligan, Bruce E. Reinhart, Jane Marie Pine Wood; McDonald Hopkins LLC;
Legal Alert/Article
July 10, 2015, previously published on July 1, 2015
Earlier this month, the Office of Inspector General of the U.S. Department of Health and Human Services (OIG) issued a fraud alert warning physicians of their duty to ensure that their financial arrangements with healthcare companies involve bona fide services and are in line with fair market value.

 


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