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HTMLWhy California Proposition 46 Will Save Patient Lives and Cut Health Care Costs
Robert J. Nelson; Lieff, Cabraser, Heimann & Bernstein, LLP;
Legal Alert/Article
October 8, 2014, previously published on September 25, 2014
The number of persons killed by preventable medical errors each year in the U.S. is shockingly high. Fifteen years ago, the Institute of Medicine released a report on patient safety called To Err Is Human: Building a Safer Health System. The report estimated that 98,000 patients died each year as a...

 

HTMLOCR Issues Guidance on HIPAA Privacy Rule Rights of Spouses in Same-Sex Marriage
Rick L. Hindmand, Bridget Cougevan Howard, John T. Mulligan, Jane Pine Wood; McDonald Hopkins LLC;
Legal Alert/Article
October 7, 2014, previously published on October 6, 2014
The Department of Health and Human Services Office for Civil Rights (OCR) issued written guidance on Sept. 17, 2014, which stated that covered entities (e.g., health care providers and health plans) and their business associates have the same obligations under the Health Insurance Portability and...

 

HTMLACA Update: The Look-Back Measurement Method for Large Employers
Janis L. Adams, Kate E. Flewelling; Smith Haughey Rice & Roegge, P.C.;
Legal Alert/Article
October 7, 2014, previously published on September 26, 2014
Determining ACA employer mandate compliance is a two-step process: first, determine if you are a covered “large employer,” then, if you are, determine who you must offer insurance to in order to avoid paying any penalties. This is because large employers are not required to offer all...

 

HTMLThe Affordable Care Act: Focus on Adjunct Faculty
Patricia A. Moran; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 6, 2014, previously published on October 1, 2014
The concepts of “hours of service” and “full time” loom large in the Affordable Care Act’s “employer shared responsibility” mandate (also known as the “employer mandate” or “pay or play mandate” and which we discussed in various...

 

HTMLThe Affordable Care Act—Countdown to Compliance for Employers, Week 13: IRS Notice 2014-49 Offers Useful Guidance on Changes in Measurement Periods or Changes in Testing Methods
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 6, 2014, previously published on September 29, 2014
For purposes of complying with the Affordable Care Act’s employer shared responsibility rules (which are codified in Internal Revenue Code § 4980H), employers must identify their “full-time employees.” Final regulations issued under Code § 4980H provide two principle...

 

HTMLA Brave New World of Transparency Reporting: CMS Launches Open Payments Website
Thomas S. Crane, Kimberly J. Gold; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 2, 2014, previously published on September 30, 2014
September 30th marked the launch of transparency reports under the Sunshine Act through a new Open Payments website hosted by the Centers for Medicare & Medicaid Services (CMS).

 

HTML“Access Denied” - Understand How Your Electronic Health Records Are Controlled
Rachel Irving Pitts; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 2, 2014, previously published on September 25, 2014
Earlier this week, my colleague Dianne Bourque commented on a small medical practice’s inability to access its patients’ medical records one July day after its EHR vendor blocked the practice from pulling the data stored in the EHR. In the Boston Globe article, the EHR vendor compared...

 

HTMLCalifornia Appellate Court Limits Liability under California’s Medical Confidentiality Act for Disclosure of Medical Information
Jeremy L. Ross, Ian A. Stewart, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 2, 2014, previously published on September 22, 2014
In what should be considered a win for the defense, the California Third Appellate Court recently overturned the lower court’s denial of a motion to dismiss a class action lawsuit seeking $4 billion in damages under California’s Medical Confidentiality Act (the Act) due to the alleged...

 

HTMLNYS Department of Health Developing Regulations Governing Use of Medical Marijuana for Official Launch in January 2016
Alexander L. Betke, Emily E. Whalen; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 2, 2014, previously published on September 24, 2014
As one of its final acts of the 2014 legislative session, the New York State Legislature passed the “Compassionate Care Act” making New York the twenty-third state to permit the use of medical marijuana. This new law will allow doctors to prescribe marijuana in a nonsmokeable form to...

 

HTMLNotes from the Joint OCR/NIST HIPAA Security Conference
Dianne J. Bourque, Kimberly J. Gold, Kate F. Stewart, Stephanie D. Willis; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 2, 2014, previously published on October 1, 2014
As a service to our readers, we have distilled last week’s joint HHS Office of Civil Rights (OCR) andNational Institute of Standards in Technology (NIST) conference, “Safeguarding Health Information: Building Assurance through HIPAA Security” into three phrases: (i) risk...

 


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