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|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.
|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....
|Will Your Non-Profit Hospital Pay Property Taxes in New Jersey?|
Duane Morris LLP;
August 2, 2016, previously published on March 23, 2016In the wake of the June 25, 2015, decision of the New Jersey Tax Court in AHS Hospital Corp., d/b/a Morristown Memorial Hospital v. Town of Morristown, and the hospital’s subsequent $15.5 million settlement with the town, more than a dozen municipalities are pursuing tax appeals that...
|Medicare Pre-Claim Review Demonstration for Home Health Services|
Nancy E. Taylor; Greenberg Traurig, LLP;
July 29, 2016, previously published on July 18, 2016Beginning Aug. 1, 2016, the Centers for Medicare & Medicaid Services (CMS or Agency) will implement a three-year pre-claim demonstration for home health services in Illinois, followed by Florida, Texas, Michigan, and Massachusetts. The demonstration will begin in Florida no earlier than Oct 1,...
|The Heightened Standard for Expert Testimony under MCARE Only Applies to Medical Doctors Licensed by the State Board of Medicine|
Daniel Dolente; Marshall Dennehey Warner Coleman & Goggin, P.C.;
July 28, 2016, previously published on July 19, 2016The Superior Court was faced with the issue of whether a board-certified orthopedic surgeon met the qualification requirements of the MCARE Act to render a standard of care opinion against a board-certified podiatrist. Under MCARE, an expert testifying on a medical matter must: (1) possess a...
|HIPAA Enforcement Against Business Associates Heats Up with $650k Settlement|
Rick L. Hindmand; McDonald Hopkins LLC;
July 28, 2016, previously published on July 1, 2016The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced a $650,000 settlement with a business associate this week, proving the office is serious about taking strong enforcement action and imposing severe penalties against business associates for failure to...
|Ohio Appellate Court Upholds the Use of the Affordable Care Act to Substantially Reduce a Jury’s Award of Future Damages|
John J. Hare, Leslie M. Jenny; Marshall Dennehey Warner Coleman & Goggin, P.C.;
July 28, 2016, previously published on July 11, 2016Lawyers handling catastrophic injury cases have closely followed the emerging body of case law regarding the impact, if any, of the Affordable Care Act (ACA) on claims for future damages. Before the ACA, it was uncertain whether injured individuals would have health insurance in the future....
|Consent Forms & the Non-English Speaking Patient: Court Rules for Hospitals and Others in Healthcare|
J. Matthew Thompson; Heyl, Royster, Voelker & Allen Professional Corporation;
July 26, 2016, previously published on Second Quarter 2016In Mizyed v. Palos Cmty. Hosp., 2016 IL App (1st) 142790, the Illinois Appellate Court considered the impact of a patient’s inability to speak or read English on the effectiveness of a signed consent form. In a positive outcome, the court found that a hospital has no duty to determine a...
|App. Court Decision Discusses Issues of Apparent Agency and Admissibility of Practice Algorithms|
Richard Hunsaker; Heyl, Royster, Voelker & Allen Professional Corporation;
July 26, 2016, previously published on First Quarter 2016In a medical liability case tried in Cook County, the issues of apparent agency between a physician and hospital and the admissibility of medical literature at trial were reviewed by the First District Appellate Court. The case, Fragogiannis v. Sisters of St. Francis Health Services Inc., 2015 IL...
|IL Supreme Court Limits Claims of Privilege in Neglect Credentialing Cases|
Mark Hansen, J. Matthew Thompson; Heyl, Royster, Voelker & Allen Professional Corporation;
July 26, 2016, previously published on First Quarter 2016In its recent opinion in Klaine v. Southern Illinois Hospital Services, 2016 IL 118217, the Illinois Supreme Court addressed the privileged nature of certain documents when negligent credentialing is alleged. While, the court rejected arguments in support of certain privileges, defendants can argue...