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|It’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.;
December 8, 2016, previously published on November 14, 2016For 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...
|Massachusetts Regulatory Overhaul Continues|
M. Daria Niewenhous; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
December 8, 2016, previously published on November 10, 2016At 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...
|2017 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.;
December 8, 2016, previously published on November 14, 2016CMS 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...
|Transitioning the Affordable Care Act: Republicans Must Talk to Insurers|
Eli Greenspan, Rodney Whitlock; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
December 8, 2016, previously published on November 15, 2016As 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...
|It 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.;
December 7, 2016, previously published on December 1, 2016A 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...
|Consider 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.;
December 7, 2016, previously published on December 1, 2016Pennsylvania’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...
|Expert Medical Evidence Mandatory on Intentional Infliction of Emotional Distress Claims|
Michael J. Connolly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
December 7, 2016, previously published on December 1, 2016Oftentimes 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...
|Limiting Opioid use in Workers' Compensation Cases|
Alicia Weaver Birach; Foster, Swift, Collins & Smith, P.C.;
December 6, 2016, previously published on November 17, 2016The 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...
|FDA Updates Guidance Related to Food Facility Registration|
Colleen M. Heisey, Laura E. Koman, Francoise S. Labrousse, Katherine M. Llewellyn, Cristiana Spontoni; Jones Day;
December 6, 2016, previously published on November 2016This 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...
|Additional Clarifying Amendments to the Nonprofit Revitalization Act Signed Into Law|
Pamela Landman, Paul W. Mourning, Khaled Mowad; Cadwalader, Wickersham & Taft LLP;
December 5, 2016, previously published on November 30, 2016On 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...