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|Ebola Virus: Frequently Asked Questions|
Fisher Phillips LLP;
December 10, 2014, previously published on October 22, 2014Ebola virus disease (formerly known as Ebola hemorrhagic fever) is a severe, often fatal illness, with a death rate of up to 90%. The illness affects humans and nonhuman primates (monkeys, gorillas, and chimpanzees).
|No Private Right to Recoup Funds Based on Corporate Practice of Medicine Violation|
Rachel Irving Pitts; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
December 10, 2014, previously published on November 24, 2014The United States District Court for the Western District of Washington ruled recently that the state’s corporate practice of medicine doctrine does not provide a private right of action, either express or implied, and dismissed claims brought by State Farm Mutual Automobile Insurance Company...
|Healthy Workplaces, Healthy Families Act - California Assembly Bill 1522|
Ramina Dehkhoda-Steele; Wong Fleming;
December 10, 2014, previously published on November 2014Commencing on July 1, 2015, all employers are required to provide employees working in the State of California with paid sick leave. Employees who are covered by the bill must work in California for 7 or more days in a calendar year and will earn no less than one hour of paid sick leave for every...
|OCR Issues Bulletin on Privacy in Emergency Situations|
Hilary B. Dudley, Tamara A. Klein, Courtney Scrubbs, David S. Szabo, Michaela ("Kayla") Tabela; Edwards Wildman Palmer LLP;
December 10, 2014, previously published on November 25, 2014In light of the recent Ebola cases, the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) released a new bulletin, to remind HIPAA-covered entities and business associates that the requirements of the HIPAA Privacy Rule apply even in emergency situations. The...
|Responding to Subpoena for Medical Records May Create Liability for Healthcare Providers Under State Law Negligence Claims|
Seth A. Goldberg, Philip H. Lebowitz; Duane Morris LLP;
December 10, 2014, previously published on November 14, 2014Healthcare providers receiving a subpoena for patient medical records may want to think twice before complying with the subpoena and producing the records. A recent Connecticut case, Byrne v. Avery Center for Obstetrics and Gynecology, P.C. ("Byrne"), arose when the defendant gynecology...
|Will Evaporated Cane Juice Be Sweet for Class Action Plaintiffs?|
Mark Mansour, Stephanie L. Resnik, Emily K. Strunk; Jones Day;
December 10, 2014, previously published on November 2014The past few years have seen a remarkable growth in the number of class actions directed at food labels. Noteworthy about these cases is not merely how many have been filed but their nature as well. There's nothing novel about alleging that a product label (including a food label) is false or...
|HHS Releases Reminder about HIPAA Rules in Wake of Ebola Outbreak|
Lisa M. Luetkemeyer; Husch Blackwell LLP;
December 8, 2014, previously published on November 11, 2014The U.S. Department of Health & Human Services (HHS) Office for Civil Rights (OCR) released a bulletin on Nov. 10 reminding entities covered under the Health Insurance Portability and Accountability Act (HIPAA) that the protections continue to be in effect during emergencies, including Ebola...
|Tenn. Federal Court OKs Extrapolation to Establish Liability in False Claims Act Case|
Kevin P. McCart, Kelly Schulz; Husch Blackwell LLP;
December 8, 2014, previously published on November 5, 2014The U.S. District Court for the Eastern District of Tennessee answered what it acknowledged was a novel question: whether statistical sampling and extrapolation are appropriate to establish liability under the False Claims Act (FCA). The court found the government could extrapolate from a sample of...
|IRS Notice Provides More Flexibility to Rev. Proc. 97-13|
Kimberly K. Gibbens; Husch Blackwell LLP;
December 8, 2014, previously published on November 25, 2014The Internal Revenue Services (IRS) issued Notice 2014-67 on Oct. 24, 2014, to “amplify” Revenue Procedure 97-13 by (i) creating a new five-year safe harbor for management contracts, and (ii) expanding the permitted types of productivity awards allowed.
|The Affordable Care Act—Countdown to Compliance for Employers, Week 6: Labor and Treasury Departments Play Whack-a-Mole with Employer Payment Plans|
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
December 8, 2014, previously published on November 17, 2014Last year, the Department of Labor and the Treasury Department/IRS (Departments) issued guidance on the application of certain of the Affordable Care Act’s insurance market reforms to health reimbursement arrangements (HRAs), certain health flexible spending arrangements (health FSAs) and...