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|Colorado Board of Health Amends Quality Management Plan and Confidentiality Regulations|
Fred Miles; Husch Blackwell LLP;
November 12, 2014, previously published on November 3, 2014Recently, the Colorado Board of Health adopted amendments to Colorado Department of Public Health and Environment (CDPHE) regulations regarding Quality Management Plans of licensed healthcare facilities that are mandated by state statute.
|OIG Issues Proposed Rule Revising Anti-Kickback Safe Harbors, Civil Monetary Penalty Rules for Beneficiary Inducements and Gainsharing|
Melissa Starr; Holland Hart LLP;
November 12, 2014, previously published on October 3, 2014Today the Department of Health and Human Services, Office of the Inspector General (“OIG”) published a proposed rule to amend 42 C.F.R. § 1001.952. If adopted, it would revise certain safe harbors to the anti-kickback statute and add safe harbors providing new protections. In...
|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...
|CMS Announces New Initiative Designed to Support Clinicians in Developing Comprehensive Quality Improvement Strategies|
James R. Dutro, Andrew G. Jack, John M. Kirsner, Kevin A. McGill, David T. Morris; Jones Day;
November 12, 2014, previously published on October 2014On October 23, 2014, the Centers for Medicare & Medicaid Services ("CMS") announced the Transforming Clinical Practice Initiative ("TCPI"), a new initiative aimed at supporting clinicians in developing comprehensive quality improvement strategies through collaborative...
|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...
|Texas Medicaid Meddling with Mid-Levels|
Kris R. Kwolek; Husch Blackwell LLP;
November 12, 2014, previously published on October 30, 2014The Texas Health & Human Services Commission (HHSC) proposed changes on Oct. 17, 2014, to its regulations that largely prohibit “incident to” billing for advanced practice registered nurse (APRN) and physician assistant (PA) providers. Specifically, changes proposed to Tex. Admin....
|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...
|Outsourcing Ambulatory and Outpatient Services: What Hospitals Need to Know|
Roger D. Strode; Foley & Lardner LLP;
November 12, 2014, previously published on october 29, 2014We are in the midst of a trend involving the “outsourcing” of certain outpatient and ambulatory services by hospitals and health systems. These outsourcing transactions often involve partnerships with for-profit, specialty providers, such as imaging, ambulatory surgery, home health and...
|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...
|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?