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|How Will the New Overtime Regulations Affect Healthcare Employers?|
Greg Guidry; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
June 8, 2016, previously published on May 19, 2016The 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...
|Federal 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.;
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...
|Governor Bentley Signs Medical Marijuana Bill|
H. Carlton Hilson, Kathryn M. Willis; Burr & Forman LLP;
June 6, 2016, previously published on May 2016On 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,...
|Federal Court Rules CGL Insurance Covers Data Breach|
Michael D. Strasavich; Burr & Forman LLP;
June 6, 2016, previously published on May 2016Ruling 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...
|CMS 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;
May 30, 2016, previously published on May 4, 2016On 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 Among other things, MACRA: 1) repealed the Sustainable Growth Rate that was applicable to the Medicare Physician Fee Schedule, and 2) combined parts of the Physician Quality...
|Recent Settlements and Upcoming Audits Highlight the Continuing Need to Focus on Core HIPAA Compliance Measures|
Calvin B. Cal Marshall; Chambliss, Bahner & Stophel, P.C.;
May 27, 2016, previously published on May 17, 2016Recent 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...
|IVC Filters Can Cause Dangerous Complications|
Law Offices of Peter G. Angelos A Professional Corporation;
May 27, 2016, previously published on May 5, 2016IVC 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...
|Court 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;
May 26, 2016, previously published on April 28, 2016The 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...
|FTC Launches Interactive Tool to Assist Mobile Health Application Developers|
Mark L. Mattioli; Greenberg Traurig, LLP;
May 26, 2016, previously published on May 9, 2016Adding 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...
|Decisions by Hospital Committees Can Be Reviewed by the Courts|
Kirsten Crain; Borden Ladner Gervais LLP;
May 26, 2016, previously published on April 28, 2016The 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.