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|Government Finalizes Religious Accommodation, But What About Health Plans, TPAs and PBMs?|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
July 30, 2015, previously published on July 20, 2015In a set of rules published last week, the government finalized a July 2010 interim final rule (“IFR”) related to coverage of certain preventive services and an August 2014 IFR regarding the definition of an eligible organization and the process by which an eligible organization can...
|Pregnancy Protections Under Illinois Law|
Debra Stegall; Heyl, Royster, Voelker & Allen Professional Corporation;
July 29, 2015, previously published on Spring 2015Effective January 1, 2015, the Illinois Human Rights Act ("IHRA") was amended, by Public Act 98-1050, to include pregnancy as a protected class of individuals that may not be discriminated against by employers with one employee or more. These new rights and obligations must be understood...
|Maximize Recovery for Liability Accounts under Illinois' Health Care Services Lien Act|
Jana Brady; Heyl, Royster, Voelker & Allen Professional Corporation;
July 29, 2015, previously published on Spring 2015The Health Care Services Lien Act1 confers lien rights upon healthcare professionals and providers with respect to liability accounts. The Act outlines what healthcare professionals and providers must do in order to create and perfect a lien, and further prescribes a formula for the judge to apply...
|IL App Court Reinforces Broad Protection for Hospital Credentialing and Privileging Decisions|
Gregory Rastatter; Heyl, Royster, Voelker & Allen Professional Corporation;
July 28, 2015, previously published on Spring 2015In a February decision (Larsen v. Provena Hospitals), the Illinois Appellate Court, Fourth District held that for a physician whose medical staff membership was not renewed to survive dismissal in a subsequent action against the hospital, he or she must allege and prove the hospital actually or...
|Supreme Court Rules in King v. Burwell|
John P. Doyle, Randall B. Weill; Preti, Flaherty, Beliveau & Pachios, LLP;
July 28, 2015, previously published on June 25, 2015Today, the U.S. Supreme Court ruled 6-3 in the King v. Burwell case to uphold federal subsidies in the states where the federal government is operating the insurance Marketplace under the Affordable Care Act. The majority ruled that the literal interpretation of the provision in question did not...
|Providers Applaud Supreme Court and Call on Congress to Address Remaining Issues|
James A. Dietz; Dressman Benzinger LaVelle psc;
July 24, 2015, previously published on July 17, 2015On June 25, 2015, the United States Supreme Court announced its decision upholding the provision of subsidies for individuals purchasing health insurance on federally-funded exchanges. Since then, politicians, providers, policymakers, media and advocacy groups have all offered their responses to...
|Supreme Court Rules that Affordable Care Act Law Allows Nationwide Tax Subsidies|
Julie A. Tyk; GrayRobinson, P.A.;
July 22, 2015, previously published on July 20, 2015On June 25, 2015, the Supreme Court ruled in King v. Burwell that the Affordable Care Act allows the federal government to provide nationwide subsidies to help lower-income individuals buy health insurance. Chief Justice John G. Roberts wrote the opinion for the six-justice majority. The decision...
|Personal Injury Medical Malpractice Caps Held Unconstitutional|
Julie A. Tyk; GrayRobinson, P.A.;
July 22, 2015, previously published on July 22, 2015On July 1, 2015, the Fourth District Court of Appeals (Fourth DCA) issued a major decision affecting medical malpractice cases in Florida. In the case North Broward Hospital District v. Kalitan, the court held that the caps on non-economic damages in personal injury medical malpractice cases were...
|CMS Proposes Stark Law Modifications|
Somer Hayes, Michael L. Malone; Greenberg Traurig, LLP;
July 16, 2015, previously published on July 15, 2015On July 15, 2015, the U.S. Centers for Medicare and Medicaid Services (CMS) proposed Medicare Part B physician fee schedule rulemaking is expected to be published in the Federal Register. Included therein are proposals for substantial changes to, and clarifications of, the federal physician...
|Closing a Practice: How to Prepare for Death, Disability and Retirement|
Scott D. Hammer; Wilson Elser Moskowitz Edelman & Dicker LLP;
July 16, 2015, previously published on July 2015Believe it or not, the chances of becoming disabled, dying or retiring are pretty good. Although some therapists believe their therapeutic efficacy will lead to immortality, I hate to tell you, but one day your caring heart will cease beating. Either death or your patients will eventually kill you....