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|OIG Finds Risk of Abuse in Specialty Pharmacy’s Per-Fill Fee Proposal|
Rachel Irving Pitts; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
August 28, 2014, previously published on August 22, 2014In an Advisory Opinion posted August 15, 2014, the Office of Inspector General (“OIG”) concluded that a proposed arrangement by a specialty pharmacy (“Requestor”) might generate prohibited remuneration under the Federal anti-kickback statute and would pose a risk of fraud...
|CMS Guidelines Amended to Accept WCB Settlement Determination of MSA Amount After Hearing on the Merits|
John J. Cronan, Evan M. Hansen, Nelson J Larkins; Preti, Flaherty, Beliveau & Pachios, LLP;
August 27, 2014, previously published on August 15, 2014The Center for Medicare and Medicaid Services (CMS) update to its Workers' Compensation Medicare Set-Aside (WCMSA) Arrangement Reference Guide provides authority by which CMS will now recognize and defer to a Workers' Compensation hearing officer's settlement approval which determines the specific...
|CMS Care Coordination Payments - A Boon to Doctors and Patients but Patient Participation Will be Essential|
Vinay Bhupathy, Aytan Dahukey; Sheppard, Mullin, Richter & Hampton LLP;
August 27, 2014, previously published on August 19, 2014As the Affordable Care Act continues to mature, we are seeing new efforts by the Obama administration to incentivize care coordination across a spectrum of services provided to Medicare Fee-for-Service (FFS) patients. A New York Times article posted on August 16, 2014 reports that starting in...
|HIPAA Deemed Compliance Period Ends Next Month|
Deborah C. Hiser; Husch Blackwell LLP;
August 27, 2014, previously published on August 22, 2014The U.S. Department of Health and Human Services (HHS) issued final regulations in January 2013 modifying the privacy, security and enforcement provisions under the Health Information Portability and Accountability Act of 1996 (HIPAA). Covered entities and business associates were generally...
|Maryland Court of Appeals Finds That Maryland’s Wage Payment and Collection Law Applies to Claims for Overtime Wages|
Wayne C. Heavener; Semmes, Bowen & Semmes A Professional Corporation;
August 27, 2014, previously published on August 2014In Peters v. Early Healthcare Giver, Inc., the Maryland Court of Appeals held that Maryland’s Wage Payment and Collection Law (“WPCL”) covered claims for overtime wages, despite any federal authority to the contrary. Writing for the Court, Judge Sally D. Adkins held that there was...
|Increase to Affordable Care Act Affordability Threshold|
Lamb Barnosky LLP;
August 27, 2014, previously published on August 21, 2014As we advised you in our February 19,2013 memorandum, the Affordable Care Act ("the ACA") includes a shared responsibility provision that potentially penalizes covered employers that do not offer affordable health insurance coverage to their full-time employees. The ACA regulations define...
|New Guidance on Contractor Self-Disclosure|
David L. Douglass, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
August 27, 2014, previously published on August 21, 2014The Health and Human Services (HHS) Office of Inspector General (OIG) provides health care providers an opportunity to disclose potential violations of certain Federal civil and criminal laws in relation to HHS contracts or subcontracts, pursuant to which OIG offers a means for facilitated...
|Asbestos Use Rises in India Despite Protests|
Katie Nealon; Brayton Purcell LLP;
August 26, 2014, previously published on August 15, 2014Despite hundreds of asbestos and medical professionals advising India against the use of the substance, government officials continue to condone and encourage asbestos use in commercial and residential construction projects within the country.
|Final Meaningful Use Regulations under Review by OMB|
Leslie J. Levinson, Michaela ("Kayla") Tabela; Edwards Wildman Palmer LLP;
August 25, 2014, previously published on August 2014On August 8, 2014, the White House Office of Management and Budget (OMB) received the final rule addressing the meaningful use stage timeline, the definition of certified electronic health record technology (CEHRT), and the requirements for the reporting of clinical quality measures for 2014. The...
|Georgia Composite Medical Board Issues New Telemedicine Rules|
Nathaniel M. Lacktman; Foley & Lardner LLP;
August 25, 2014, previously published on August 20, 2014The Georgia Composite Medical Board enacted a new regulation governing the standards for telemedicine practice. The regulation, titled Practice Through Electronic or Other Such Means, is found under Georgia Comp. Rules and Regs. rule 360-3-.07 and is intended to establish the minimum standards of...