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HTMLSpotlight on Telemedicine
Grace D. Mack; Wilentz, Goldman & Spitzer P.A.;
Legal Alert/Article
January 19, 2016, previously published on January 5, 2016
Telemedicine is here to stay in 2016 and continues to be a rapidly evolving area of health law. Specifically, as of December, 2015:

 

HTMLSURPRISE!!! The NJ Out-of-Network Consumer Protection, Transparency, Cost Containment, and Accountability Act Goes Forward and Stalls
Grace D. Mack; Wilentz, Goldman & Spitzer P.A.;
Legal Alert/Article
January 19, 2016, previously published on January 05, 2016
On November 17, 2015, New Jersey lawmakers forged ahead with the controversial legislation that addresses, among other things, “surprise” medical bills from out of network providers. According to its sponsors, the purpose of the Out-of-Network Consumer Protection, Transparency, Cost...

 

HTMLObama Administration Releases New Dietary Guidelines Focusing on Limiting Sugar
Edgar J. Asebey, Jonathan Berman, Colleen Heisey, Katherine M. Llewellyn, Cristiana Spontoni; Jones Day;
Legal Alert/Article
January 19, 2016, previously published on January 2016
The Obama administration has released the updated Dietary Guidelines for Americans with a new focus on limiting sugar. The Guidelines are revised every five years by USDA and the U.S. Department of Health and Human Services ("HHS"), based largely on advice from the Dietary Guidelines...

 

HTMLCheck--and Double Check--to Avoid Professional Liability in New Jersey
Grace D. Mack; Wilentz, Goldman & Spitzer P.A.;
Legal Alert/Article
January 19, 2016, previously published on January 05, 2016
A recent New Jersey Supreme Court decision warns that health-care facilities that fail to do appropriate due diligence before granting privileges to physicians could face potential liability for that failure. In Jarrell v. Kaul, (2015 BL 315262, N.J., No. A-42-13, 9/29/15), the Supreme Court...

 

HTMLIntroducing Stark Phase V
Grace D. Mack; Wilentz, Goldman & Spitzer P.A.;
Legal Alert/Article
January 19, 2016, previously published on January 5, 2016
On November 16, 2015, the Centers for Medicare and Medicaid Services (“CMS”) published the most significant changes to the physician self-referral law (“Stark Law”) regulations since 2008. Currently being referred to as “Stark Phase V,” these changes constitute...

 

HTMLCadillac Tax Effective Date Postponed (and Three Other 2015 Year End Health and Welfare Benefits Legislation Highlights) 
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 18, 2016, previously published on January 7, 2016
While Americans everywhere were busy eating turkey and drinking eggnog last November and December, our government was hard at work attending to budget matters. Tucked among the appropriations were several fairly significant items of interest to employers, employees, providers, administrations, and...

 

HTMLRegulations Limiting Executive Compensation and Administrative Costs of State-Funded Providers Upheld by Appellate Division, Second Department
Christina T. Holder, Pamela Landman, Brian T. McGovern; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
January 18, 2016, previously published on December 31, 2015
On December 30, 2015, the New York State Appellate Division, Second Department issued a decision in Agencies for Children’s Therapy Servs., Inc. v. N.Y. St. Dep’t of Health,1 upholding the regulations promulgated by the Department of Health (“DOH”) pursuant to Executive...

 

HTMLDelaware Chancery Court Invalidates Charter and Bylaw Provisions Allowing Only for Cause Removal of Directors Where Board is Not Classified
Andrew Alin, William P. Mills, Timothy Polmateer, Martin L. Seidel; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
January 18, 2016, previously published on January 05, 2016
In a December 21, 2015 transcript ruling, the Delaware Chancery Court invalidated the provisions of VAALCO Energy, Inc.’s charter and bylaws that allow for removal of directors only “for cause” even though VAALCO’s board is not classified. Vice Chancellor Laster ruled that...

 

HTMLSignificant Stark Law Changes in 2016 Medicare Physician Fee Schedule Intended to Ease Compliance Burden
Gary J. McRay, Nicole Elizabeth Stratton; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
January 15, 2016, previously published on January 4, 2016
On October 30, 2015, the Centers for Medicare & Medicaid Services (“CMS”) released the final 2016 Medicare Physician Fee Schedule (the “Final Rule”) which contains, among other things, significant changes to the Physician Self-Referral Rule (the “Stark Law”)....

 

HTMLPatient Billing Issues: More Lawsuits to Come?
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 14, 2016, previously published on December 29, 2015
Managing out-of-network status has always presented challenges for laboratories, and 2015 added another problem to that list: litigation risk. Both CIGNA and Aetna have filed suit against HDL primarily based on its alleged failure, as an out-of-network laboratory, to collect amounts owed by...

 


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