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HTMLIt’s Not Really ”Repeal and Replace”; It’s Transition
Eli Greenspan, Stephen M. Weiner, Rodney Whitlock; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
December 8, 2016, previously published on November 14, 2016
For the last six years, Republicans have talked about repeal and replacement of the Affordable Care Act. The election outcome now puts Republicans in a position of authority to take action on the Affordable Care Act. As we look ahead to the 115th Congress, it is important to move away from...

 

HTMLMassachusetts Regulatory Overhaul Continues
M. Daria Niewenhous; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
December 8, 2016, previously published on November 10, 2016
At yesterday’s Public Health Council meeting, the Massachusetts Department of Public Health (DPH) released yet another round of proposed regulatory amendments. On deck were regulations concerning Long Term Care Facilities, Hospice Programs, and Temporary Nursing Service Agencies, as well as...

 

HTML2017 MA and Part D Audit Protocols and Data Requests are Open for Comment
Tara Swenson Dwyer, Lauren Marie Moldawer; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
December 8, 2016, previously published on November 14, 2016
CMS issued its Audit Protocols and Data Requests for Medicare Advantage and Part D plans on November 4, 2016 (the “Protocols”). The Protocols have been updated based on the over 500 comments CMS received in response to the draft released in June. The Protocols are open for comments...

 

HTMLTransitioning the Affordable Care Act: Republicans Must Talk to Insurers
Eli Greenspan, Rodney Whitlock; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
December 8, 2016, previously published on November 15, 2016
As we look ahead to the 115th Congress, Republicans are likely to take up repeal and replacement of the Affordable Care Act. Repeal and replace is more accurately described as a transition where Republicans design a version of health care reform they will own and defend. In doing so, Republicans...

 

HTMLIt Ain’t Over ‘Til It’s Over: Judge Wettick Affirms Practice of Limiting Deposition Opinions of Defendant Physicians
Matthew P. Keris; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
December 7, 2016, previously published on December 1, 2016
A common deposition practice by plaintiff lawyers is to ask the defendant health care provider to offer his or her opinion about whether the standard of care was met. Traditionally, this question will draw objection from defense counsel, who will instruct the witness to not answer the question. The...

 

HTMLConsider Retaining Multiple Experts to Opine on the Standard of Care to Increase Your Chances of Securing a Defense Verdict
Daniel Dolente, John C. Farrell; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
December 7, 2016, previously published on December 1, 2016
Pennsylvania’s MCARE Act does not prevent a doctor who specializes in one medical specialty from rendering a standard of care opinion on behalf of a doctor who specializes in a different medical specialty, so long as their specialties overlap and the testimony is directly relevant to the...

 

HTMLExpert Medical Evidence Mandatory on Intentional Infliction of Emotional Distress Claims
Michael J. Connolly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
December 7, 2016, previously published on December 1, 2016
Oftentimes we see a claim of intentional infliction of emotional distress or negligent infliction of emotional distress as an “add-on” count at the end of a plaintiff’s complaint. Sometimes these claims can be the result of a “kitchen sink” approach by an aggressive...

 

HTMLLimiting Opioid use in Workers' Compensation Cases
Alicia Weaver Birach; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
December 6, 2016, previously published on November 17, 2016
The Workers' Compensation Health Care Services Rules were amended to include provisions placing limitations on physicians’ ability to receive reimbursement for opioid treatment beyond 90 days if certain requirements are not met. The requirements were implemented to address the problems...

 

HTMLFDA Updates Guidance Related to Food Facility Registration
Colleen M. Heisey, Laura E. Koman, Francoise S. Labrousse, Katherine M. Llewellyn, Cristiana Spontoni; Jones Day;
Legal Alert/Article
December 6, 2016, previously published on November 2016
This month, in the middle of the renewal period for registration of food facilities, FDA has published the seventh edition of its draft guidance "Questions and Answers Regarding Food Facility Registration," which clarifies the Amendments to the Registration of Food Facilities final rule...

 

HTMLAdditional Clarifying Amendments to the Nonprofit Revitalization Act Signed Into Law
Pamela Landman, Paul W. Mourning, Khaled Mowad; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
December 5, 2016, previously published on November 30, 2016
On November 28, 2016, Governor Cuomo signed into law Chapter 466 of the Laws of New York of 2016 (Assemb. Bill 10365B) (the “2016 Amendment”). The 2016 Amendment is intended to “improve and make clarifying amendments to the Nonprofit Revitalization Act of 2013” (the...

 


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