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|Non-Hospital Health Care Provider’s Lien is Invalid If Not Perfected within 30 Days after First Providing Service|
Jones Skelton Hochuli P.L.C.;
September 28, 2016, previously published on September 2016Here the Supreme Court addressed the deadline by which a non-hospital health care provider must perfect its lien to secure payment of its charges. The court of appeals had held that the lien may be perfected within 30 days of the provider’s last treatment. The Supreme Court vacated that...
|Massachusetts Hospital Licensing Regulations Proposed Amendments - Key Take-Aways|
M. Daria Niewenhous; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 28, 2016, previously published on September 26, 2016The Massachusetts Department of Public Health (DPH) has released for public comment proposed amendments to DPH’s Hospital Licensure Regulations (105 CMR 130.00) (the “regulations”). The proposed amendments are designed to enable the regulations to meet a number of goals, among...
|Supplemental Register Gets Nod from Trademark Trial & Appeal Board|
Sarah Nagae; Nexsen Pruet, LLC;
September 26, 2016, previously published on September 19, 2016On September 8, the Trademark Trial and Appeal Board lent support to the strength of a registration on the Supplemental Register, indicating that it is worthwhile to pursue federal registration, even if that means your mark ends up on this secondary register.
|South Carolina Court Decides Key Health Care Case|
James G. Long; Nexsen Pruet, LLC;
September 26, 2016, previously published on September 20, 2016The South Carolina Supreme Court has decided a case with great significance in the health care industry. The court overturned a ban on physicians employing physical therapists and gave guidance regarding how state agencies make rules.
|FDA Convenes Two-Day Public Hearing on Human Cell and Tissue Product Regulatory Paradigm|
Joanne S. Hawana, Rodney Whitlock; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
September 26, 2016, previously published on September 15, 2016As stakeholders and watchers of the expansive field of regenerative medicine likely are aware, earlier this year a study published in the peer-reviewed journal Cell Stem Cell reported on the growth of so-called stem cell clinics operating in the U.S. It also examined the types of claims being made...
|OCR Phase 2 HIPAA Audits Have Begun: Are you Ready?|
Clay J. Countryman; Breazeale, Sachse & Wilson, L.L.P.;
September 26, 2016, previously published on September 2016The U.S. Department of Health and Human Services Office for Civil Rights (OCR) has started a second phase of audits for compliance with HIPAA Privacy, Security and Breach Notification Standards. The OCR has previously conducted an audit pilot phase and Phase 1 audits of HIPAA covered entities...
|New Legislation Coming to Protect Patients from Sexual Abuse|
Patrick Hawkins, John M. McIntyre; Borden Ladner Gervais LLP;
September 26, 2016, previously published on September 15, 2016This fall, the Provincial government intends to propose legislation that would uphold and reinforce a zero tolerance policy on the sexual abuse of patients by regulated health professionals. The proposed amendments will result in changes at all levels - for regulatory colleges, health care...
|Not-for-profit Hospitals and Health Care Providers Facing Retirement Plan Class Actions|
Jeffrey D. Mamorsky, Terry L. Moore, Francis J. Serbaroli; Greenberg Traurig, LLP;
September 26, 2016, previously published on September 21, 2016There has been much media coverage of the recent class action lawsuits filed against some of the most prestigious universities in the United States by university employees. These class action lawsuits allege that the universities breached their fiduciary obligations in running their defined...
|California Joins New York and Florida, Passes Out-Of Network Legislation|
Nili Schipper Yolin; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
September 26, 2016, previously published on September 19, 2016Last month the California legislature passed AB-72, which amends the Health & Safety Code to address reimbursement for out of network (OON) providers who provide services at in-network facilities, such as hospitals and laboratories. In so doing, California joins several other states, including...
|2018 Notice of Benefits and Payment: Proposed Updates to the HHS Risk Adjustment Model|
Tara Swenson Dwyer, Lauren Marie Moldawer; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
September 21, 2016, previously published on September 8, 2016Last week, the Centers for Medicare & Medicaid Services (“CMS”) released its 2018 Notice of Benefit and Payment setting out payment parameters for the Health Insurance Marketplace for upcoming years. With several insurers withdrawing from the Marketplace and others still threatening...