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|New Materials Help Covered Entities Comply with Nondiscrimination Rules|
Bridgette Keller; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
August 15, 2016, previously published on July 25, 2016Last week, the Department of Health and Human Services (“HHS”) released new materials for covered entities to use to comply with Section 1557, the nondiscrimination provision of the Affordable Care Act. Section 1557 strengthens protections for populations that have been most vulnerable...
|FTC Plants A Flag With LabMD Ruling: What This Means for Enforcement|
Cynthia J. Larose, Natalie Prescott; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
August 15, 2016, previously published on August 1, 2016On Friday, the heads of the Federal Trade Commission overruled the decision of the Administrative Law Judge (“ALJ”) in In the Matter of LabMd., Inc. The FTC concluded that the ALJ had erred in dismissing the Commission’s case against a lab testing company LabMD and misapplied the...
|Should Your Nursing Home QAPI Program Be Updated Annually?|
Christopher Best, Esq.; Weltman Moskowitz LLP;
August 11, 2016, previously published on August 4, 2016The Affordable Care Act, which was signed into law in 2010, requires nursing homes to have effective Quality Assurance and Performance Improvement programs (QAPI) in place within a year of the passage of QAPI regulations.1 "QAPI is the merger of two complementary approaches to quality...
|Do Healthcare Employees Violate HIPAA by Using Mobile Devices?|
David Mullen, Esq.; Weltman Moskowitz LLP;
August 11, 2016, previously published on August 4, 2016Mobile devices, such as cell phones and tablets, are a valuable tool for communicating and delivering information and services to consumers. The success of applications like Uber and Airbnb have made people re-think the way they use these devices, while the stable of health and fitness applications...
|FDA Comes Through on Promise to Release NGS Device Draft Guidelines Expeditiously|
Joanne S. Hawana, Bethany J. Hills; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
August 6, 2016, previously published on July 12, 2016Building on last year’s public workshops related to Next-Generation Sequencing (NGS) and expanding its efforts to advance the Obama Administration’s Precision Medicine Initiative, the FDA late last week released two draft guidance documents on different aspects of NGS-based diagnostic...
|Hospital Waivers of Medicare Co-Pays|
Leslie M. Cumber; Gordon Feinblatt LLC;
August 5, 2016, previously published on Summer 2016The Office of Inspector General of the Department of Health and Human Services (OIG) has recently issued an Advisory Opinion approving yet another request regarding the use of a preferred hospital organization as part of Medicare Supplemental Health Insurance (Medigap) policies.
|New Maryland Legislation|
Barry F. Rosen; Gordon Feinblatt LLC;
August 5, 2016, previously published on Summer 2016The Maryland General Assembly recently passed a number of laws that will impact health insurance and health care practice in Maryland. Here is a list of some of those legislative highlights.
|OIG Delivers Home Care a One - Two Punch: Release of Report and Alert on Home Health Fraud Highlights Increased OIG Scrutiny of Home Care Agencies|
Aaron Buchman, Jared Facher, Brian T. McGovern; Cadwalader, Wickersham & Taft LLP;
August 5, 2016, previously published on June 29, 2016On June 22, 2016, the Office of Inspector General (“OIG”) issued two communications that underscore its continued focus on fraud in home health care, along with the role of physicians as “gate keepers” in authorizing Medicare-covered services and facilitating improper...
|To Be or Not to Be Called a Specialist|
Catherine A. Bledsoe; Gordon Feinblatt LLC;
August 5, 2016, previously published on Summer 2016A Texas Dental Board rule prohibiting licensed dentists from advertising as "specialists" in any area of dentistry not recognized as a "specialty" by the American Dental Association (ADA) was recently held by a federal court, in American Academy of Implant Dentistry v. Parker,...
|Settlements Reached For PHI Disclosures|
Nexsen Pruet LLC;
August 5, 2016, previously published on May 12, 2016In the last two months, the U.S. Department of Health and Human Services (“HHS”) announced two settlement agreements involving the disclosure of protected health information ("PHI"). In both instances, the health care facilities were alleged to have violated the Health...