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HTMLMMRSA Regulation Update- SB 837
Lance Rogers; Greenspoon Marder;
Legal Alert/Article
August 4, 2016, previously published on July 8, 2016
ON JUNE 27, 2016, The California Legislature passed SB 837 amending the Medical Marijuana Regulation and Safety Act (“MMRSA”). The law was approved by the Governor and became effective immediately. It includes some major changes for the medical cannabis industry in the state. This...

 

HTMLFDA Takes Steps to Streamline Individual Patient Expanded Access
Edgar Asebey, Maureen Bennett, Christian B. Fulda, Colleen M. Heisey, Cristiana Spontoni; Jones Day;
Legal Alert/Article
August 3, 2016, previously published on July 2016
On June 2, 2016, FDA announced the availability of three final guidance documents aimed at simplifying and clarifying expanded access for investigational drugs and assisting health care professionals, patients, and industry in navigating the expanded access process. In the FDA blog, FDA Voice, Dr....

 

HTMLMost Caregivers Are Now Entitled to Minimum Wage and Overtime Pay
Leah Mitchell McElmoyl; Chambliss, Bahner & Stophel, P.C.;
Legal Alert/Article
August 3, 2016, previously published on July 2016
The federal government recently extended minimum wage and overtime protections to most home health care workers. If you are hiring a caregiver for yourself or an elderly loved one, you need to become familiar with the rules, even if the paid caregiver is a family member.

 

HTMLA Viable Fetus Can Recover for Conscious Pain and Suffering under Pennsylvania’s Survival Act
Daniel Dolente; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 3, 2016, previously published on July 19, 2016
Judge Nealon of the Lackawanna County Court of Common Pleas held that a board-certified neonatal and perinatal medicine expert is competent to render an opinion that a fetus at 33.4 weeks gestation is sufficiently developed for conscious perception of pain. Defense counsel filed a motion in limine...

 

HTMLBeware of Non-Lawyers Offering Medicaid Planning Advice
Leah Mitchell McElmoyl; Chambliss, Bahner & Stophel, P.C.;
Legal Alert/Article
August 3, 2016, previously published on July 2016
In recent years a number of non-lawyers have started businesses offering Medicaid planning services to seniors. While using one of these services may be cheaper than hiring a lawyer, the overall costs may be far greater.

 

HTMLWill Your Non-Profit Hospital Pay Property Taxes in New Jersey?
Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on March 23, 2016
In the wake of the June 25, 2015, decision of the New Jersey Tax Court in AHS Hospital Corp., d/b/a Morristown Memorial Hospital v. Town of Morristown,[1] and the hospital’s subsequent $15.5 million settlement with the town, more than a dozen municipalities are pursuing tax appeals that...

 

HTMLMedicare Pre-Claim Review Demonstration for Home Health Services
Nancy E. Taylor; Greenberg Traurig, LLP;
Legal Alert/Article
July 29, 2016, previously published on July 18, 2016
Beginning Aug. 1, 2016, the Centers for Medicare & Medicaid Services (CMS or Agency) will implement a three-year pre-claim demonstration for home health services in Illinois, followed by Florida, Texas, Michigan, and Massachusetts. The demonstration will begin in Florida no earlier than Oct 1,...

 

HTMLHIPAA Enforcement Against Business Associates Heats Up with $650k Settlement
Rick L. Hindmand; McDonald Hopkins LLC;
Legal Alert/Article
July 28, 2016, previously published on July 1, 2016
The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced a $650,000 settlement with a business associate this week, proving the office is serious about taking strong enforcement action and imposing severe penalties against business associates for failure to...

 

HTMLOhio Appellate Court Upholds the Use of the Affordable Care Act to Substantially Reduce a Jury’s Award of Future Damages
John J. Hare, Leslie M. Jenny; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 28, 2016, previously published on July 11, 2016
Lawyers handling catastrophic injury cases have closely followed the emerging body of case law regarding the impact, if any, of the Affordable Care Act (ACA) on claims for future damages. Before the ACA, it was uncertain whether injured individuals would have health insurance in the future....

 

HTMLThe Heightened Standard for Expert Testimony under MCARE Only Applies to Medical Doctors Licensed by the State Board of Medicine
Daniel Dolente; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 28, 2016, previously published on July 19, 2016
The Superior Court was faced with the issue of whether a board-certified orthopedic surgeon met the qualification requirements of the MCARE Act to render a standard of care opinion against a board-certified podiatrist. Under MCARE, an expert testifying on a medical matter must: (1) possess a...

 


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