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HTMLCMS Says: Let's Make a Deal
Torrey K. Young; Foley & Lardner LLP;
Legal Alert/Article
September 9, 2014, previously published on September 4, 2014
In the hours before everyone began enjoying Labor Day Weekend, the Centers for Medicare & Medicaid Services (CMS) issued an important inpatient hospital review update.

 

HTMLPrescription Drug Addiction: Medical Review Officers Can Help Eliminate Disability Discrimination Claim
Courtney Bru; McAfee & Taft A Professional Corporation;
Legal Alert/Article
September 8, 2014, previously published on September 5, 2014
Oklahoma consistently ranks at or near the top of all states when it comes to prescription drug abuse. The prescription rate for opioids (i.e., painkillers) in Oklahoma is among the highest in the nation, and the state also ranks high in terms of deaths by prescription drug overdose. Just last...

 

HTMLLegal Pitfalls in the Psychiatrist-Patient Relationship
Pessin Katz Law P.A.;
Legal Alert/Article
September 8, 2014, previously published on August 29, 2014
This article presents a brief outline of potential major legal pitfalls in the psychiatrist-patient relationship.

 

HTMLWhat's the Difference Between Medicare and Medicaid in the Context of Long-Term Care?
Ryan W. Barry; Chambliss, Bahner & Stophel, P.C.;
Legal Alert/Article
September 5, 2014, previously published on September 2014
Although their names are confusingly alike, Medicaid and Medicare are quite different programs. Both programs provide health coverage, but Medicare is an “entitlement” program, meaning that everyone who reaches age 65 and is entitled to receive Social Security benefits also receives...

 

HTMLHospital Incident Report Not Privileged, Court Says
Wakaba Y. Tessier; Husch Blackwell LLP;
Legal Alert/Article
September 5, 2014, previously published on September 3, 2014
The Kentucky Supreme Court issued an opinion Aug. 21, 2014, (Tibbs v. Bunnell, Ky., No. 2012-SC-000603-MR) in which it held that the incident report developed by the University of Kentucky Hospital (“hospital”), through the hospital’s Patient Safety Evaluation System...

 

HTMLCivil Consequences of Criminal Cases
Mohamed N. Bakry, Kevin E. Hexstall; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 5, 2014, previously published on September 1, 2014
The disposition of a criminal case may affect the criminal defendant and/or his employer (company) in later civil litigation. Any defense strategy should consider the potential collateral consequences of the criminal case. The disposition of the criminal case may affect a later civil suit regarding...

 

HTMLPrescribing High Potency Medication to a Known Drug Abuser: Is The Doctor Liable for Resulting Injuries?
Julia A. Klubenspies; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 5, 2014, previously published on September 1, 2014
I reported to you the December 2013 issue of Defense Digest that the New Jersey Supreme Court heard oral argument in October 2013 in a case involving a patient with a known drug-abuse history, who orally ingested medication from a prescription high-potency skin patch, ultimately leading to anoxic...

 

HTMLDeadline is Fast Approaching for Business Associate Agreements to Comply with HIPAA's Omnibus Rule
Rick L. Hindmand, John T. Mulligan, Jane Pine Wood, Rachel H. Yaffe; McDonald Hopkins LLC;
Legal Alert/Article
September 5, 2014, previously published on Sptember 3, 2014
Many organizations (e.g., business associates, covered entities, contractors/vendors of business associates) have updated their business associate agreements to comply with HIPAA’s Omnibus Rule. However, many organizations still have not. Please be aware that all business associate agreements...

 

HTMLMedicare Increases Coverage of Mental Health Services
Ryan W. Barry; Chambliss, Bahner & Stophel, P.C.;
Legal Alert/Article
September 5, 2014, previously published on September 2014
Medicare has increased the amount of mental health coverage beneficiaries are entitled to. After years of unequal treatment, Medicare now covers mental health care the same way it covers physical illnesses.

 

HTMLWhat You Should Know Before Sharing or Leasing Your Medical Space
Ann Marie Mehlert; Lerch Early Brewer Chartered;
Legal Alert/Article
September 5, 2014, previously published on September 2, 2014
It is a common occurrence. One medical practice is a tenant in a building. Another medical practice or other health care provider enters into an agreement with the tenant to use some of the tenant’s examination rooms a couple of days a week in the mornings: not much time or space. Maybe the...

 


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