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|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...
|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in the middle of the renewal period for registration of food facilities, FDA has published the seventh edition of its draft guidance "Questions and Answers Regarding Food Facility Registration," which clarifies the Amendments to the Registration of Food Facilities final rule...
|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...
|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...
|All Wrapped Up: China Finalizes Long-Awaited Standards for Food Packaging|
David J. Ettinger, Chen Hu, Mark Thompson; Keller and Heckman LLP;
November 28, 2016, previously published on November 18, 2016On November 18, 2016, China's National Health and Family Planning Commission (NHFPC) finalized the following Standards applicable to food-contact materials marketed in the People's Republic of China in its announcement No. 15/2016:
|It's Time to Reassess Your Medicare Choices|
Amy B. Boulware, Peter J. Harrison, Leah Mitchell McElmoyl, Dana B. Perry; Chambliss, Bahner & Stophel, P.C.;
November 28, 2016, previously published on November 9, 2016Are your Medicare plans still working for you? Medicare's open enrollment period, in which you can enroll in or switch plans, runs from October 15 to December 7. Now is the time to review your options to determine if switching plans could save you money.
|Why Families Consider Lawsuits While Battling Disease|
Waters Kraus LLP;
November 25, 2016, previously published on November 23, 2016Often, when someone chooses to reach out to us in the face of disease or injury, it’s a family member who makes the call, rather than the victim. When someone contracts a disease or experiences a birth injury that could be caused by toxic exposure it affects entire families for several...
|Final Rule to Implement Medicare Payments for New Off-Campus Clinics|
Powers Pyles Sutter Verville PC;
November 24, 2016, previously published on November 4, 2016On November 1, 2016, the Centers for Medicare and Medicaid Services (CMS) issued an advance copy of the final outpatient prospective payment system (OPPS) rule for 2017, which includes provisions to implement Section 603 of the Bipartisan Budget Act of 2015 (BBA 2015).¹ This memorandum summarizes...
|CMS Expands Medicare Payment for Behavioral Health Services|
Isabelle Bibet-Kalinyak, Rick L. Hindmand; McDonald Hopkins LLC;
November 24, 2016, previously published on November 9, 2016Commencing Jan. 1, 2017, Medicare will pay for mental and behavioral health services under new billing codes set forth in the 2017 Medicare Physician Fee Schedule Final Rule issued by the Centers for Medicare & Medicaid Services (CMS) on Nov. 2, 2016.
|Final Rules Implementing MACRA Merit-Based Incentive Payment System and Advanced Alternative Payment Models|
Powers Pyles Sutter Verville PC;
November 24, 2016, previously published on November 3, 2016On October 14, 2016, the Centers for Medicare and Medicaid Services (CMS) released its final rule with comment period (final rule) implementing provisions of the Medicare Access & CHIP Reauthorization Act of 2015 (MACRA). Set forth below is an overview of the most significant elements of the...