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Agreements Under Fire in New Jersey|
Sharon A. Campbell-Suplee; Marshall Dennehey Warner Coleman & Goggin, P.C.;
July 20, 2016, previously published on June 1, 2016Long-term care facilities often utilize arbitration clauses in admission agreements with residents. Arbitration is beneficial for a number of reasons, such as reducing litigation costs and keeping disputes private. The use of arbitration can also have long-term benefits, including preventing a...
|At Long Last, CMS Issues Final Rule for Lab Fee Schedule Changes|
Karen S. Lovitch, Kate F. Stewart; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
July 20, 2016, previously published on June 20, 2016Last Friday afternoon CMS released its eagerly anticipated final rule (the Final Rule) implementing the Protecting Access to Medicare Act of 2014 (PAMA), which, together with the Final Rule, will make sweeping changes to the rate-setting process under the Medicare Clinical Laboratory Fee Schedule...
|OCR Continues to Emphasize Individuals’ Rights to Access Health Information|
Sarah Beth Smith; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
July 19, 2016, previously published on June 21, 2016Earlier this month, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) announced the release of three YouTube videos and an infographic on individuals’ rights to access health information. In contrast to guidance on the same topic published earlier this year, these...
|NIH Signals “Paradigm Shift” with Policy on Multi-Site Studies|
Dianne J. Bourque, Rachel Irving Pitts; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 19, 2016, previously published on June 23, 2016Federally-funded clinical trials conducted at multiple sites will move to a single Institutional Review Board (IRB) review scheme under a new National Institutes of Health (NIH) Policy. The NIH has finalized its policy to have a single IRB (sIRB) of record conduct the required ethics review for...
|Supreme Court Adopts Implied False Certification Theory in Universal Health Services v. United States ex rel. Escobar But Imposes Limits|
Thomas S. Crane, Laurence J. Freedman; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 13, 2016, previously published on June 20, 2016On June 16, 2016, a unanimous Supreme Court issued its long-awaited decision in Universal Health Services v. United States ex rel. Escobar (“Escobar”). The Court ruled that under certain circumstances the theory of “implied false certification” can give rise to liability...
|Data Security Safeguards Can Help Healthcare Employers Withstand Cyberattacks—and Government Audits|
Stephen A. Riga; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
July 12, 2016, previously published on June 20, 2016The last couple of years have brought a steady rain of bad news for the healthcare industry when it comes to data security: Insurers faced with massive data breaches affecting thousands of health plans and millions of individuals. Hospitals having to choose between paying cybercriminals or...
|Cybersecurity-The Board’s Role|
Iseman Cunningham Riester Hyde LLP;
July 12, 2016As your board secures and guides the future of your company or organization, board leaders need to take an active role in cybersecurity. It is the board’s fiduciary duty to make sure your cyber assets are managed and protected.
|HIPAA Does Not Preempt Statutory Right to Ex Parte Interviews of Treating Physicians in Tennessee Health Care Liability Actions|
Michael C. McLaren; Butler Snow LLP;
July 11, 2016, previously published on June 22, 2016A key tool for the defense of medical providers in Tennessee facing malpractice liability has been held to be not preempted by federal law. On June 3, 2016, the Tennessee Court of Appeals, in Caldwell v. Baptist Memorial Hospital, upheld a defense counsel’s state statutory right to conduct ex...
|OIG Corporate Integrity Agreements and Physician Compliance Programs|
Clay J. Countryman; Breazeale, Sachse & Wilson, L.L.P.;
July 7, 2016, previously published on June 2016In settling allegations of violating the False Claims Act (FCA), healthcare providers often enter into a Corporate Integrity Agreement with the OIG in exchange for the OIG’s agreement not to exclude the provider from participation in Medicare or other federal health care programs. Corporate...
|Mine Agency Focuses Attention on Workplace Exams, Diesel Exhaust Exposure|
Jackson Lewis P.C.;
July 4, 2016, previously published on June 20, 2016The Mine Safety and Health Administration has rolled out two initiatives: a proposed rule increasing requirements for workplace examinations that, MSHA says, is aimed at curbing injuries, illnesses, and fatalities among Metal/Non-Metal (M/NM) miners, and a Request For Information (RFI) on...