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|New Massachusetts Law Limits Intensive Care Unit Nurses to Two Patients, Regulations Expected|
Jackson Lewis P.C.;
July 14, 2014, previously published on July 3, 2014Under new law, Massachusetts hospitals must limit the number of patients assigned to a nurse working in an intensive care unit (“ICU”) to no more than two. “An Act relative to patient limits in all hospital intensive care units,” signed by Governor Deval Patrick on June 30,...
|OIG Issues Special Fraud Alert on Laboratory Payments to Physicians|
I. Paul Mandelkern; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
July 14, 2014, previously published on July 9, 2014The Office of the Inspector General for the United States Department of Health and Human Services (the OIG) recently issued a Special Fraud Alert regarding two types of compensation arrangements between clinical laboratories and physicians who order clinical laboratory tests that the OIG believes...
|South Carolina Supreme Court Rules in FOIA Case|
Bob Coble; Nexsen Pruet, LLC;
July 11, 2014, previously published on July 1, 2014The South Carolina Supreme Court recently issued an opinion in Lambries v Saluda County Council.
|Personalized Medicine Today: PMC Issues Fourth State of the Industry Report|
Antoinette F. Konski; Foley & Lardner LLP;
July 10, 2014, previously published on July 5, 2014Personalized medicine is changing the paradigm of the research, development and delivery of health care. The Personalized Medicine Coalition (PMC), a consortium of interested stakeholders that seeks to promote the understanding and adoption of personalized medicine concepts, services and products,...
|The Affordable Care Act—Countdown to Compliance for Employers, Week 25: What Hobby Lobby Means for the Affordable Care Act—Absolutely Nothing|
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 10, 2014, previously published on July 7, 2014To call the Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores, Inc. much-anticipated or highly controversial is an understatement. And, to be clear, any time the Supreme Court weighs in on bed-rock constitutional principle—particularly as it affects the church-state...
|Hospitals Urging SCOTUS to Limit False Claims Act Penalties|
Torrey K. Young; Foley & Lardner LLP;
July 10, 2014, previously published on July 7, 2014The American Hospital Association along with the United States Chamber of Commerce and the Pharmaceutical Research and Manufacturers of America recently submitted an amici curiae brief in support of petitioners, Gosselin World Wide Moving, urging the Supreme Court to bar excessive FCA penalties....
|New York Enacts Out-Of-Network Transparency and Coverage Reform|
Nili S. Yolin; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 10, 2014, previously published on July 8, 2014Last month, a woman sued a health plan, claiming that she was intentionally misled about which physicians were participating providers in the company’s online health insurance exchange established under the Affordable Care Act. The petitioner alleged that the plan displayed the names of the...
|New Connecticut Pharmacy Rewards Disclosure Bill Took Effect July 1|
Stephanie D. Willis; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 10, 2014, previously published on July 2, 2014On June 12th, Connecticut governor Dannel P. Malloy signed into law ”An Act Concerning Pharmacy Rewards Programs And Protected Health Information“. The law went into effect July 1st, and applies to pharmacy retailers in the state of Connecticut. We profiled the version of the law passed...
|Lessons From A Cautionary Tale of Electronic Discovery Pitfalls in Health Care Litigation|
David Douglass; Sheppard Mullin Richter Hampton LLP;
July 9, 2014, previously published on June 27, 2014E-discovery is especially challenging in healthcare related litigation due to the healthcare industry’s reliance on electronically stored information (ESI), the volume of medical records often at issue in health care litigation, especially, qui tam litigation, the time periods often at issue...
|The Supreme Court of Appeals of West Virginia clarified the limits on punitive damages and the scope of the states Medical Professionals Liability Act, Nursing Home Act, and law of fiduciary duty in nursing home negligence cases.|
Richard J. Medoff; Semmes Bowen Semmes A Professional Corporation;
July 9, 2014, previously published on June 2014In Manor Care, Inc. v. Douglas, a case involving the appeal of a $91.5 million jury verdict in a nursing home negligence case, the Supreme Court of Appeals of West Virginia held that: (1) the verdict form did not allow the jury to award damages to non-parties, (2) the Medical Professionals...