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|mHealth Technology - Development in an Uncertain Regulatory Climate|
Monica R. Chmielewski; Foley & Lardner LLP;
November 12, 2014, previously published on October 27, 2014The development and use of mobile technologies and devices is expanding at an incredibly fast pace and is changing, and in fact revolutionizing, the way patients and healthcare providers interact. Mobile medical technologies or “mHealth” technologies and applications can allow patients...
|Ebola on Campus: Questions to Ask for Required Emergency Response Planning|
Anne D. Cartwright; Husch Blackwell LLP;
November 12, 2014, previously published on October 23, 2014Colleges and universities are required to develop and publish emergency response and evacuation procedures. Is Ebola the sort of “emergency” legislators and regulators had in mind and, if so, how do you plan for it?
|Failure-to-Update Claims Against Generic Manufacturers Remain Viable|
Laura J. Bettenhausen; Baker Sterchi Cowden & Rice, L.L.C.;
November 12, 2014, previously published on October 16, 2014In Franzman v. Wyeth, Inc., et al., case number ED100312, the Missouri Court of Appeals for the Eastern District recently reversed the trial court’s judgment in favor of the manufacturers of the generic form of Reglan (the “Generic Defendants”) on the portion of Franzman’s...
|Health Care Providers and their Attorneys can have Direct Access to Patients' Protected Health Information in Malpractice Cases|
Benjamin W. "Ben" Newman; GrayRobinson, P.A.;
November 12, 2014, previously published on October 15, 2014A recent case from the U.S. Court of Appeals for the Eleventh Circuit has decided that a Florida law allowing prospective defendants in medical malpractice cases to obtain records directly from other health care providers and to interview them about patient care and treatment is fully compliant...
|Supreme Court Asked to Review Standing in Stem Cell Challenge|
Antoinette F. Konski; Foley & Lardner LLP;
November 12, 2014, previously published on November 2, 2014The Public Patent Foundation and Consumer Watchdog (collectively “CW”) petitioned the U.S. Supreme Court on October 31, 2014, seeking reversal of the Federal Circuit’s dismissal of its appeal from a decision of the USPTO that upheld the validity of Wisconsin Alumni Research...
|CMS Unveils New Plan to Provide Infrastructure Capital to ACOs|
Alexis Finkelberg Bortniker; Foley & Lardner LLP;
November 12, 2014, previously published on October 30, 2014The Center for Medicare & Medicaid Innovation introduced the ACO Investment Model, on October 15, 2014, through which CMS will provide newly-formed ACOs in rural and underserved areas access to capital necessary for investment in the infrastructure necessary to successfully implement care...
|Ebola Preparedness: Employee Education Is Key|
John L. Litchfield; Foley & Lardner LLP;
November 12, 2014, previously published on October 27, 2014In the wake of the world’s largest Ebola Virus Disease (EVD) outbreak in history, Americans have been inundated with media hype surrounding the disease, and the government and employers’ perceived inadequacy in their response. While the threat of a widespread EVD outbreak in the United...
|Major Challenges On The Horizon: The Act To Modify The Organization And Governance Of The Health And Social Services Network, In Particular By Abolishing The Regional Agencies - Bill 10|
Yves Dubois, Émilie Jutras, Frédéric Massé; Borden Ladner Gervais LLP;
November 11, 2014, previously published on October 28, 2014In recent months, a persistent rumour has been making the rounds (a rumour more tangible than the echo of mere declarations of intent) to the effect that a major reform of the health and social services network ("HSSN") was in the works. On September 25 last, the Minister of Health and...
|CMS Revises Chronic Care Management Policy|
Rick L. Hindmand; McDonald Hopkins LLC;
November 11, 2014, previously published on November 3, 2014On October 31, 2014, the Centers for Medicare & Medicaid Services (CMS) issued the 2015 Medicare Physician Fee Schedule (MPFS) Final Rule, which establishes payment levels and policy changes for Medicare Part B services. These changes include new reimbursement conditions for chronic care...
|The OIG Plans to Review Clinical Laboratory Billing Practices in 2015|
Richard S. Cooper, Bridget Cougevan Howard, Jane Pine Wood; McDonald Hopkins LLC;
November 11, 2014, previously published on November 7, 2014The Office of Inspector General (OIG) released its Work Plan for Fiscal Year 2015 (2015 Work Plan) last week. The 2015 Work Plan lays out the projects and investigations that the OIG plans to tackle throughout the year and provides insight into the focus areas of the OIG in its efforts to identify...