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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...

 

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).

 

HTMLFDA Calls For Recall of Downing Labs Products
Jennifer L. Keel; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
September 30, 2014, previously published on September 15, 2014
The U.S. Food and Drug Administration has issued a formal request to Downing Labs, asking for the company to recall all of its purportedly sterile products immediately. The FDA found poor conditions and practices at Downing Labs' facility in Dallas during an inspection in July 2014, and has...

 

HTMLHospital Incident Report Not Patient Safety Work Product
Julie A. Tyk; GrayRobinson, P.A.;
Legal Alert/Article
September 30, 2014, previously published on September 24, 2014
A recent case in Duval County, Florida ordered the production of documents a hospital claimed were privileged patient safety work product under the Patient Safety and Quality Improvement Act of 2005 ("Patient Safety Act").

 

HTMLMedical Marijuana Hearing Slated for October
GrayRobinson P.A.;
Legal Alert/Article
September 30, 2014, previously published on September 25, 2014
Two plant nurseries, Plants of Ruskin, Inc. and Costa Farms, LLC filed administrative challenges with the Florida Division of Administrative Hearings in September 2014. The nurseries are challenging the enactment of the proposed rules drafted by the Florida Department of Health, Office of...

 

HTML9/11 Dust Cloud Likely Caused Pregnancy Complications
Jennifer L. Keel; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
September 30, 2014, previously published on September 10, 2014
The dust cloud caused by the 9/11 attacks on the World Trade Center has shown a correlation to birth defects in women who were pregnant and living or working near the site, according to a paper by Princeton University's Woodrow Wilson School of Public and International Affairs.

 

HTMLRisk of Heart Disease Increases with Kidney Stones
Jennifer L. Keel; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
September 30, 2014, previously published on September 17, 2014
Chinese researchers have recently found individuals with kidney stones are at an increased risk of developing coronary heart disease and having a stroke.

 

HTMLIdentify Yourself! Deadline for Health Plan Identifiers is Fast Approaching
Lucas J. Asper, Stephanie Alden Smithey, Timothy G. Verrall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 30, 2014, previously published on September 26, 2014
One of the lesser-known health plan requirements adopted by the Patient Protection and Affordable Care Act (ACA) has an initial deadline that is fast approaching, and most employers will need to take action to ensure that their group health plans remain in compliance. As discussed below, the ACA...

 


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