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HTMLAcquittals in Vascular Solutions Case Deal Setback to DOJ
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
March 11, 2016, previously published on March 2, 2016
On February 26, 2016, a federal jury in Texas returned not guilty verdicts with respect to charges brought against Vascular Solutions Inc. (“VSI”) and its CEO by the U.S. Department of Justice (“DOJ”), dealing a decisive blow in a case brought before the Yates Memo was...

 

HTMLCalifornia by the Numbers (Part 1): 24 Million Compromised in 2015
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
March 11, 2016, previously published on February 25, 2016
California Attorney General Kamala Harris has released a report of the data breaches that have been reported to her office from 2012 until 2015. Although the California data breach notification law took effect in 2003, beginning in 2012, businesses and government agencies have been required to...

 

HTMLOpioids, FDA and Medicare Advantage Spending on the List for Congress
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
March 11, 2016, previously published on February 24, 2016
As Congress is back to Washington for its next work period, ML Strategies has published an Advisory outlining health care issues on the radar for the upcoming weeks. Highlights include: legislative initiatives on opioid abuse, mental health access, chronic care and a group of innovation bills; the...

 

HTMLRansomware Strikes California Hospital - Could You Be Next?
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
March 11, 2016, previously published on February 23, 2016
In a chain of events that should be a wake-up call to any entity using and storing critical health information (and indeed, ANY kind of critical information), Hollywood Presbyterian Medical Center (“HPMC”) has announced that it paid hackers $17,000 to end a ransomware attack on the...

 

HTMLUntil Death Do Us Part - Divorce and HIPAA Violations: A Lesson in Safeguarding Protected Health Information
Mitchell J. Rhein; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
March 10, 2016, previously published on March 1, 2016
The Office of Civil Rights (“OCR”), a division of the Department of Health and Human Services, recently took the rare step of imposing civil monetary penalties against a large home health provider for violating the Health Insurance Portability and Accountability Act...

 

HTMLSenate Approves Bill to Improve Electronic Health Care System
Cindy M. Amedee; Taylor, Porter, Brooks & Phillips, L.L.P.;
Legal Alert/Article
March 8, 2016, previously published on March 01, 2016
Reported by BNA Bloomberg, “Senate Committee Approves Health IT Bill” reports news that the Senate HELP Committee approved The Improving Health IT Act that creates a star rating program for federally certified electronic health record systems and directs federal regulators to address...

 

HTMLCMS Issues Final Regulations to Guide Medicare Providers and Suppliers in Complying with 60-Day Mandate to Report and Return Overpayments
Jared Facher, Brian T. McGovern; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
March 8, 2016, previously published on February 23, 2016
The Patient Protection and Affordable Care Act (“PPACA”), signed into law on March 23, 2010, included a provision (the “Report and Refund Mandate”), broadly requiring health care providers, suppliers, Part D plans and managed care organizations that were overpaid by the...

 

HTMLPennsylvania Supreme Court Upholds Wrongful Birth Statute
John C. Farrell, Laura J. Persun; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 7, 2016, previously published on March 1, 2016
In 1988, the Pennsylvania General Assembly passed Act 47 into law, which contained multiple pieces of legislation, many of which did not relate to each other. For instance, Act 47 repealed the Post-Conviction Hearing Act and enacted the Post-Conviction Relief Act in its place. It also conferred the...

 

HTMLHot Off the Presses! CMS Issues Final Overpayment Regulations
Clay J. Countryman; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
March 7, 2016, previously published on February 2016
On Friday, February 12, 2016, the Centers for Medicare and Medicaid Services (CMS) issued the final overpayment reporting and refunding rule for Medicare Parts A and B overpayments (Final Rule). This Final Rule adopts federal regulations to implement Section 6402(a) of the Affordable Care Act (ACA)...

 

HTMLBootstrapping Expert Testimony - Restrictions on Using Records from a Treating Physician to Challenge Plaintiff’s Expert at Trial
Michael S. Levenson; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 7, 2016, previously published on March 1, 2016
The opinions of a treating physician can be persuasive evidence on causation and damages, often carrying great weight with a jury. However, even treating doctors are considered “experts,” and limits are placed on using their “reports” at trial in the absence of live...

 


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