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|Settlements Reached For PHI Disclosures|
Nexsen Pruet LLC;
August 5, 2016, previously published on May 12, 2016In the last two months, the U.S. Department of Health and Human Services (“HHS”) announced two settlement agreements involving the disclosure of protected health information ("PHI"). In both instances, the health care facilities were alleged to have violated the Health...
|Hospital Waivers of Medicare Co-Pays|
Leslie M. Cumber; Gordon Feinblatt LLC;
August 5, 2016, previously published on Summer 2016The Office of Inspector General of the Department of Health and Human Services (OIG) has recently issued an Advisory Opinion approving yet another request regarding the use of a preferred hospital organization as part of Medicare Supplemental Health Insurance (Medigap) policies.
|OIG Delivers Home Care a One - Two Punch: Release of Report and Alert on Home Health Fraud Highlights Increased OIG Scrutiny of Home Care Agencies|
Aaron Buchman, Jared Facher, Brian T. McGovern; Cadwalader, Wickersham & Taft LLP;
August 5, 2016, previously published on June 29, 2016On June 22, 2016, the Office of Inspector General (“OIG”) issued two communications that underscore its continued focus on fraud in home health care, along with the role of physicians as “gate keepers” in authorizing Medicare-covered services and facilitating improper...
|Will You Be Shut-Out If Your College-Age Child Has A Medical Emergency?|
Kristy L. Bayus; Pessin Katz Law, P.A.;
August 5, 2016, previously published on July 14, 2016The time when a child goes off to college can be a stressful time for any parent. You know that you are giving up substantial control over your child’s safety and choices, but you may be relinquishing even more control than you think. When a child turns eighteen, a parent may no longer have...
|New Maryland Legislation|
Barry F. Rosen; Gordon Feinblatt LLC;
August 5, 2016, previously published on Summer 2016The Maryland General Assembly recently passed a number of laws that will impact health insurance and health care practice in Maryland. Here is a list of some of those legislative highlights.
|To Be or Not to Be Called a Specialist|
Catherine A. Bledsoe; Gordon Feinblatt LLC;
August 5, 2016, previously published on Summer 2016A Texas Dental Board rule prohibiting licensed dentists from advertising as "specialists" in any area of dentistry not recognized as a "specialty" by the American Dental Association (ADA) was recently held by a federal court, in American Academy of Implant Dentistry v. Parker,...
|MMRSA Regulation Update- SB 837|
Lance Rogers; Greenspoon Marder;
August 4, 2016, previously published on July 8, 2016ON JUNE 27, 2016, The California Legislature passed SB 837 amending the Medical Marijuana Regulation and Safety Act (“MMRSA”). The law was approved by the Governor and became effective immediately. It includes some major changes for the medical cannabis industry in the state. This...
|A Viable Fetus Can Recover for Conscious Pain and Suffering under Pennsylvania’s Survival Act|
Daniel Dolente; Marshall Dennehey Warner Coleman & Goggin, P.C.;
August 3, 2016, previously published on July 19, 2016Judge Nealon of the Lackawanna County Court of Common Pleas held that a board-certified neonatal and perinatal medicine expert is competent to render an opinion that a fetus at 33.4 weeks gestation is sufficiently developed for conscious perception of pain. Defense counsel filed a motion in limine...
|FDA Takes Steps to Streamline Individual Patient Expanded Access|
Edgar Asebey, Maureen Bennett, Christian B. Fulda, Colleen M. Heisey, Cristiana Spontoni; Jones Day;
August 3, 2016, previously published on July 2016On June 2, 2016, FDA announced the availability of three final guidance documents aimed at simplifying and clarifying expanded access for investigational drugs and assisting health care professionals, patients, and industry in navigating the expanded access process. In the FDA blog, FDA Voice, Dr....
|Beware of Non-Lawyers Offering Medicaid Planning Advice|
Leah Mitchell McElmoyl; Chambliss, Bahner & Stophel, P.C.;
August 3, 2016, previously published on July 2016In recent years a number of non-lawyers have started businesses offering Medicaid planning services to seniors. While using one of these services may be cheaper than hiring a lawyer, the overall costs may be far greater.