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HTMLMobile Health Apps Continue to Make Headlines
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
March 22, 2016, previously published on March 16, 2016
Recently published studies are illustrating the types of issues that mobile health application, or “app,” developers will continue to face as the industry matures alongside an evolving regulatory and enforcement landscape.

 

HTMLSenate Help Committee Eyes Mental Health, Substance Use Package
Eli Greenspan, Alexander Hecht, Rodney Whitlock; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
March 22, 2016, previously published on March 16, 2016
This morning, the Senate HELP Committee will hold an executive session regarding the Mental Health Reform Act of 2016, a comprehensive mental health package negotiated in part by the Senate HELP Committee and the Administration. The HELP Committee will also follow up on the recently passed...

 

HTMLRecent HIPAA Updates from OCR
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
March 22, 2016, previously published on March 7, 2016
The Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services has been busy lately, issuing three news releases on the HIPAA Privacy and Security Rules.

 

HTMLMedicare Clarifies 60 Day Overpayment Rule
Erin Smith Aebel, Kelly A. Leahy, Kelly A. Thompson; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
March 18, 2016, previously published on March 7, 2016
On February 12, 2016, the Centers for Medicare & Medicaid Services (“CMS”) published the long-awaited final rule implementing an Affordable Care Act requirement for healthcare providers and suppliers to report and return identified Medicare Part A and Part B overpayments...

 

HTMLMedical Equipment Distributor Gets $646m Compliance Reminder
Richard H. Blake, Rick L. Hindmand, Jane Marie Pine Wood; McDonald Hopkins LLC;
Legal Alert/Article
March 18, 2016, previously published on March 4, 2016
The Department of Justice (DOJ) provided a fresh reminder this week of the importance of effective compliance programs when it announced two related settlements requiring the nation’s leading endoscope distributor and its subsidiary to pay a combined $646 million to resolve kickback...

 

HTMLMassachusetts Legislature Reaches Compromise on Opioid Legislation
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
March 18, 2016, previously published on March 11, 2016
On March 10, the Senate voted unanimously to pass a bill that offers long-awaited measures aimed at tackling the state’s growing opioid abuse crisis. After House approval the previous day and seven weeks of conference committee negotiations, the bill is now on the governor’s desk, and...

 

HTMLMore Than a Family Affair: Six-Figure HIPAA Penalty Upheld for Unrepentant Home Care Agency due to PHI Access by Spurned Spouse of Employee
Jared Facher, Brian T. McGovern; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
March 18, 2016, previously published on March 8, 2016
The Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 and the regulations promulgated thereunder (“HIPAA”) should be now well-known to health care providers and health plans. Under HIPAA’s “Privacy Rule,” covered entities must take steps...

 

HTMLNew Decision As To Prevailing Party Can Be "Costly" To Employer/Carriers
Patrick W. Luna; McConnaughhay, Coonrod, Pope, Weaver, Stern & Thomas, P.A.;
Legal Alert/Article
March 16, 2016, previously published on March 9, 2016
Entitlement to attorney's fees and costs in workers' compensation claims is often evaluated based on the timely provision of benefits. However, in Jennings v. Habana Health Care Center, (2015 WL 9438007), the First DCA ruled that the issue of timeliness is irrelevant in addressing entitlement to...

 

HTMLCourt Denies EEOC Challenge of Wellness Plan
Scott M. Wich; Clifton Budd & DeMaria, LLP;
Legal Alert/Article
March 16, 2016
The Affordable Care Act (ACA) brought an emphasis on wellness programs and promoted the involvement of employers in improving the health of employees. At the same time, the EEOC (which has no role in the enforcement of the ACA) retains its responsibility under the Americans with Disabilities Act...

 

HTMLIRS Guidance on Unconditional Opt-Out Payments
Eva A. Rasmussen; Clifton Budd & DeMaria, LLP;
Legal Alert/Article
March 16, 2016, previously published on March 16, 2016
Many employers offer employees a cash incentive (an "Opt-Out Payment"), if they waive coverage under the employer’s health plan. The rationale is that the Opt-Out Payment is less expensive than the employer's cost in subsidizing the coverage. Employers that offer Opt-Out Payments...

 


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