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|Doctors Given Warning on Pay - Avoid liabilities associated with compensation arrangements|
Carol A. Hyde; Iseman, Cunningham, Riester & Hyde, LLP;
July 31, 2015, previously published on July 30, 2015Physicians need to avoid payment agreements that could violate the anti-kickback statute.
|Data Breach = Class Action Suit. Again.|
Jordan T. Cohen; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 31, 2015, previously published on July 23, 2015In yet another data breach affecting millions of individuals, UCLA Health System (“UCLA”) reported on Friday - July 17, 2015 - that hackers had accessed portions of its health network that contained personal information, including names, addresses, dates of birth, social security...
|High Liability of Employers for their Employees' Wrongful Use of Access Privileges to HIPAA Information|
Brian Evander; Michael R. Lowe P.A.;
July 31, 2015, previously published on December 2014In 2010, a Walgreens pharmacist accessed the prescription records of her boyfriend's ex-girlfriend, Abigail Hinchy, for the purpose of gaining information related to Hinchy's use of prescription birth control and potential sexually transmitted infection. That pharmacist divulged this information to...
|New Florida Workers' Compensation Health Care Provider Reimbursement Manual Policies, Allowances Must Be Legislatively Ratified|
Colodny Fass P.A.;
July 31, 2015, previously published on July 24, 2015The Florida Department of Financial Services' Division of Workers' Compensation ("DWC") advised today, July 24, 2015, that it has adopted the Florida Workers' Compensation Health Care Provider Reimbursement Manual ("Manual"), 2015 Edition (Rule 69L-7.020, F.A.C.).
|U.S. Supreme Court's Same-Sex Marriage Decision & Its Potential Impact on Employers|
Christopher R. Fontan, Lane W. Staines; Brunini, Grantham, Grower & Hewes, PLLC;
July 30, 2015, previously published on June 27, 2015In a historic decision on Friday, June 26, 2015, the United States Supreme Court recognized a fundamental right for same-sex couples to marry throughout the country. In a 5-4 opinion, authored by Justice Anthony Kennedy, the Court held that both the Due Process and Equal Protection Clauses of the...
|Supreme Court Decision in King v. Burwell on Eligibility for Tax Credits in the Health Insurance Exchanges|
Joel M. Hamme, Caitlyn Yana; Powers Pyles Sutter & Verville, PC;
July 30, 2015, previously published on June 25, 2015In a 6-3 decision issued today, the Supreme Court of the United States held that Section 36B of the Internal Revenue Code authorizes tax credits for all financially eligible individuals who enroll in insurance plans through the health insurance exchanges created by the Affordable Care Act (ACA).
|Warning From the HHS OIG: Physician Compensation Arrangements May Result in Significant Liability|
Calvin B. Cal Marshall; Chambliss, Bahner & Stophel, P.C.;
July 30, 2015, previously published on July 13, 2015The U.S. Department of Health and Human Services Office of Inspector General (the "OIG") recently issued a rare fraud alert warning physicians to ensure that their compensation arrangements, such as medical directorships, reflect fair market value for bona fide services actually provided,...
|Government Finalizes Religious Accommodation, But What About Health Plans, TPAs and PBMs?|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
July 30, 2015, previously published on July 20, 2015In a set of rules published last week, the government finalized a July 2010 interim final rule (“IFR”) related to coverage of certain preventive services and an August 2014 IFR regarding the definition of an eligible organization and the process by which an eligible organization can...
|It’s Time to Stop Reimbursing Employees on a Tax-Free Basis for Individual Health Insurance Premiums|
Susan Richards Salen; Rees Broome, PC;
July 30, 2015, previously published on July 14, 2015Prior to the Affordable Care Act (“ACA”), employees of small employers1 which did not offer group health insurance benefits has to find expensive individual health plans. In order to compete with large employers and to offer employees with some health insurance benefit, many of these...
|Pregnancy Protections Under Illinois Law|
Debra Stegall; Heyl, Royster, Voelker & Allen Professional Corporation;
July 29, 2015, previously published on Spring 2015Effective January 1, 2015, the Illinois Human Rights Act ("IHRA") was amended, by Public Act 98-1050, to include pregnancy as a protected class of individuals that may not be discriminated against by employers with one employee or more. These new rights and obligations must be understood...