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HTMLSeptember 22 Deadline Looms: Less than Three Weeks Remain to Update Business Associate Agreements under Final HIPAA Omnibus Rule
Kevin Page, Colbey B. Reagan; Waller Lansden Dortch & Davis, LLP;
Legal Alert/Article
September 17, 2014, previously published on September 4, 2014
On January 25, 2013, the U.S. Department of Health and Human Services (HHS) published its final HIPAA omnibus rule (“Omnibus Rule”) aimed at strengthening the privacy and security protections for health information. The year-long, extended “transition period” for covered...

 

HTMLA (Second) Lawsuit Seeks to Compel Statutory Timeframe for Administrative Law Judge Review of Medicare Claims Appeals
Lynsey Mitchel; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
September 17, 2014, previously published on September 11, 2014
On August 26th, the Center for Medicare Advocacy filed a nationwide class action lawsuit against the Secretary of Health and Human Services. The complaint alleges that, as implemented, the Medicare administrative review process is in violation of Medicare statutory obligations and the Fifth...

 

HTMLPlanned Parenthood Ruling Deepens Current Split in the Circuits Regarding the Level of Specificity Required in FCA Cases
Victoria H. Buter, Edward M. Fox, Thomas J. Kenny; Kutak Rock LLP;
Legal Alert/Article
September 16, 2014, previously published on September 9, 2014
In the recent case of United States ex rel. Thayer v. Planned Parenthood of the Heartland, No. 13 1654, 2014 WL 4251603 (8th Cir. Aug. 29, 2014), the Eighth Circuit deepened the current split in the circuits regarding the level of specificity required in a False Claim Act (FCA) case, making it...

 

HTMLConsent for Minors
Kim Stanger; Holland Hart LLP;
Legal Alert/Article
September 15, 2014, previously published on September 11, 2014
Well-intentioned healthcare providers often mistakenly assume that persons under age 18 (minors) may consent to their own healthcare. Treatment of a minor without proper consent may expose the practitioner to tort liability for lack of informed consent or battery in addition to limiting the...

 

Adobe PDFLocal Cardiology Practice Enters Into $1.3 Million Dollar Settlement for Alleged Stark Law and False Claims Act Violations
Laurel E. Baum, Jennifer R. Bolster, Raymond R. D'Agostino, Catherine A. Diviney, Meghan S. Gaffey; Hancock Estabrook, LLP;
Legal Alert/Article
September 12, 2014, previously published on September 2014
On August 14, 2014, the United States Attorney for the Northern District of New York, Richard S. Hartunian, announced a $1.3 million settlement with Cardiovascular Specialists, P.C., d/b/a New York Heart Center (NYHC), a cardiology practice with offices throughout central and northern New York,...

 

HTMLCenters for Medicare & Medicaid Services Adopts Final Rule on Certified Electronic Health Records Technology
Sarah Logan Mancebo; GrayRobinson, P.A.;
Legal Alert/Article
September 12, 2014, previously published on September 5, 2014
The Centers for Medicare & Medicaid Services ("CMS") finalized a rule (the "Final Rule") on Friday, August 29, 2014 that grants certain health care providers additional time to upgrade electronic health record systems to meet meaningful use requirements under the Medicare...

 

HTMLThe Affordable Care Act—Countdown to Compliance for Employers, Week 16: So What, Exactly, is an “Offer of Coverage”?
Alden J. Bianchi, Edward A. Lenz; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
September 12, 2014, previously published on September 8, 2014
Whether an employer makes the requisite offer of group health plan coverage is critical to the application of the Affordable Care Act’s employer shared responsibility rules as reflected in final implementing regulations issued earlier this year (and see here for a useful IRS summary of those...

 

HTMLCMS Offers Settlement To Hospitals For Resolving Patient Status Denials
Craig O. Sieverding; Davis, Brown, Koehn, Shors & Roberts, P.C.;
Legal Alert/Article
September 11, 2014, previously published on September 9, 2014
On September 9, 2014, the Centers for Medicare & Medicaid Services (CMS) held a conference call with providers and other interested parties regarding CMS’s recent offer to resolve any acute care or critical access hospitals’ pending appeals of patient status claim denials.

 

Adobe PDFRecent Rejection of Sunshine Act Data Submissions Pushes Back Deadlines
Kathleen M. Marcus, Susan Tran, Jason de Bretteville; Stradling Yocca Carlson & Rauth A Professional Corporation;
Legal Alert/Article
September 11, 2014, previously published on August 25, 2014
Implementation of the Sunshine Act continues to encounter stumbling blocks. On August 15, 2014 the Centers for Medicare and Medicaid Services (“CMS”) announced that it would be withholding one-third of the records it received from drug and medical device manufacturers under the Sunshine...

 

HTMLWhy You Should Ditch Your Hollow-Head Toothbrush
Seth A. Katz; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
September 11, 2014, previously published on August 28, 2014
Researchers at The University of Texas Health Science Center at Houston School of Dentistry recently released the results of a study that revealed hollow-head toothbrushes retain more bacteria than solid-head toothbrushes.

 


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