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HTMLHow Will the New Overtime Regulations Affect Healthcare Employers?
Greg Guidry; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 8, 2016, previously published on May 19, 2016
The long-awaited U.S. Department of Labor (DOL) regulations on the “white collar” exemptions are finally here. As per the regulations, which are to be issued on May 18, 2016, the new minimum salary level for the executive, administrative, and professional employee exemptions under the...

 

HTMLFederal Court Relies on “Evolving Landscape of Health Care” Post-Affordable Care Act to Reject FTC Challenge to Hospital Merger
Robert G. Kidwell, Dionne C. Lomax, Farrah Short, Bruce D. Sokler; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 6, 2016, previously published on May 11, 2016
“We find it no small irony that the same federal government under which the FTC operates has created a climate that virtually compels institutions to seek alliances such as the Hospitals intend here. Like the corner store, the community medical center is a charming but increasingly antiquated...

 

Adobe PDFGovernor Bentley Signs Medical Marijuana Bill
H. Carlton Hilson, Kathryn M. Willis; Burr & Forman LLP;
Legal Alert/Article
June 6, 2016, previously published on May 2016
On May 4, 2016, Governor Robert Bentley signed into law Alabama House Bill 61, which legalizes the possession or use of cannabidiol (CBD) oil to treat “debilitating medical conditions.” Also known as Leni’s Law, House Bill 61 comes in response to a UAB study finding that CBD oil,...

 

Adobe PDFFederal Court Rules CGL Insurance Covers Data Breach
Michael D. Strasavich; Burr & Forman LLP;
Legal Alert/Article
June 6, 2016, previously published on May 2016
Ruling less than three weeks after oral argument, the Fourth Circuit Court of Appeals on April 11, 2016 upheld a lower court’s ruling finding a duty on the part of Travelers to defend a class action lawsuit alleging a data breach by Portal Health Care Solutions, LLC ("Portal"). A...

 

HTMLCMS Issues Rule Proposing New Approach to Paying Clinicians for Value and Quality
Erin Smith Aebel, Jenifer A. Belt, Ronald A. Christaldi, Kelly A. Leahy; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
May 30, 2016, previously published on May 4, 2016
On April 16, 2015, President Obama signed the Medicare Access and CHIP Reauthorization Act of 2015 (“MACRA”). Among other things, MACRA: 1) repealed the Sustainable Growth Rate that was applicable to the Medicare Physician Fee Schedule, and 2) combined parts of the Physician Quality...

 

HTMLRecent Settlements and Upcoming Audits Highlight the Continuing Need to Focus on Core HIPAA Compliance Measures
Calvin B. Cal Marshall; Chambliss, Bahner & Stophel, P.C.;
Legal Alert/Article
May 27, 2016, previously published on May 17, 2016
Recent settlements and initiatives conducted by the Office for Civil Rights ("OCR") at the U.S. Department of Health and Human Services highlight the continuing need for focus on compliance with the privacy and security requirements of the Health Insurance Portability and Accountability...

 

HTMLIVC Filters Can Cause Dangerous Complications
Law Offices of Peter G. Angelos A Professional Corporation;
Legal Alert/Article
May 27, 2016, previously published on May 5, 2016
IVC filters are inserted into the inferior vena cava vein—the largest in the human body—in order to prevent blood clots from moving to a patient’s vital organs. When implanted and maintained properly, both permanent and retrievable filters can reduce the risk of pulmonary embolism...

 

HTMLCourt Orders Health Canada to issue a Product Licence Application for a Natural Health Product
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
May 26, 2016, previously published on April 28, 2016
The Plaintiff Winning Combination sought a Product Licence Application (PLA) for its natural health product RESOLVE, a smoking cessation aid. The Natural and Non-Prescription Health Products Directorate and its predecessor in Health Canada was said to have made two rejections: the first was a...

 

HTMLFTC Launches Interactive Tool to Assist Mobile Health Application Developers
Mark L. Mattioli; Greenberg Traurig, LLP;
Legal Alert/Article
May 26, 2016, previously published on May 9, 2016
Adding to the guidance for mobile health application developers, the Federal Trade Commission (FTC) recently launched a new web-based Mobile Health Application Interactive Tool. The tool is designed to aid mobile app developers in understanding various federal laws and regulations that might apply...

 

HTMLDecisions by Hospital Committees Can Be Reviewed by the Courts
Kirsten Crain; Borden Ladner Gervais LLP;
Legal Alert/Article
May 26, 2016, previously published on April 28, 2016
The Divisional Court has held that decisions of hospital committees can be subject to judicial review by the courts. If committee decisions are not reasonable, or if the process they follow is not procedurally fair, the courts can intervene.

 


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