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Adobe PDFNew Laws Regarding Emergency Medical Treatment
Lamb Barnosky LLP;
Legal Alert/Article
November 28, 2014, previously published on November 12, 2014
Governor Cuomo recently signed legislation that expands access to emergency medication for students and school personnel. One new law, which goes into effect on March 5, 2015, allows school employees to administer epinephrine auto-injectors (“epi-pens”) to students or staff without...

 

HTMLEbola Preparedness
Matthew R. Korn, A. Kevin Troutman; Fisher & Phillips LLP;
Legal Alert/Article
November 28, 2014, previously published on November 3, 2014
How should an employer respond when it learns that an employee is planning a trip to West Africa to visit family? What if other employees refuse to come to work because they fear that the returning employee may have been exposed to Ebola Virus Disease? Recognizing that the healthcare setting...

 

HTMLFrom the Desk of the HR Manager, November 2014
Melissa Kennedy; McCarthy Tetrault LLP;
Legal Alert/Article
November 28, 2014, previously published on November 18, 2014
With the holiday season fast approaching, many organizations are in the midst of planning their annual holiday parties, meant to recognize the culmination of a year of hard work by employees and celebrate the holiday season. Although this time of year is marked with celebration and provides for a...

 

HTMLThe Missouri Supreme Court Invalidates an Employment Contract Arbitration Clause for Lack of Consideration
Robert F. Chandler; Baker Sterchi Cowden & Rice, L.L.C.;
Legal Alert/Article
November 28, 2014, previously published on October 30, 2014
On August 19, 2014, the Missouri Supreme Court sustained the trial court’s denial of an employer’s motion to compel arbitration in the case of Carla Baker v. Bristol Care, Inc. d/b/a Bristol Manor, et al., No. SC93451. The Court ruled: 1) that because the arbitration agreement did not...

 

HTMLSurvive The Season With Our Open Enrollment Checklist
Tabatha L. George; Fisher & Phillips LLP;
Legal Alert/Article
November 28, 2014, previously published on November 3, 2014
It’s that time of year again, when fall weather brings with it a host of legal obligations for plan sponsors running open enrollment. Here’s what you need to know to survive the season.

 

HTMLHas America Woken Up To the Rural Hospital Crisis?
Shawn M. Riley; McDonald Hopkins LLC;
Legal Alert/Article
November 28, 2014, previously published on November 17, 2014
A recent article in USA Today summarized many of the struggles that rural hospitals are experiencing, focusing on several hospitals in the South. The article offers no new insights, but its appearance indicates that the problems confronting rural hospitals have now entered the mainstream...

 

HTMLOIG Proposed Rule Would Amend Anti-Kickback Statute Safe Harbors and Civil Monetary Penalty Rules
Hilary B. Dudley, Tamara A. Klein, Courtney Scrubbs, David S. Szabo, Michaela ("Kayla") Tabela; Edwards Wildman Palmer LLP;
Legal Alert/Article
November 25, 2014, previously published on October 17, 2014
On October 3, 2014, the U.S. Department of Health and Human Services, Office of Inspector General (“OIG”) published a proposed rule that would amend the safe harbors to the anti-kickback statute (“AKS”) and the civil monetary penalty (“CMP”) rules under the...

 

HTMLCourt Allows Patient to Bring Negligence Claim Using HIPAA as the Standard of Care
Rick L. Hindmand, Rachel H. Yaffe; McDonald Hopkins LLC;
Legal Alert/Article
November 22, 2014, previously published on November 14, 2014
This month, the Connecticut Supreme Court in Byrne v. Avery Center for Obstetrics and Gynecology, P.C. held that a patient’s state law negligence claim against a health care provider for the unauthorized disclosure of the patient’s medical records was not preempted by the Health...

 

HTML$840 Million in Grants Available Through New HHS Transformation Initiative
Hilary B. Dudley, Tamara A. Klein, Courtney Scrubbs, David S. Szabo, Michaela ("Kayla") Tabela; Edwards Wildman Palmer LLP;
Legal Alert/Article
November 21, 2014, previously published on November 11, 2014
On Thursday, October 23, 2014, the U.S. Department of Health and Human Services (“HHS”) announced it would make available up to $840 million in grants over the next four years through the Transforming Clinical Practice Initiative (“TCPI”), an Affordable Care Act grant...

 

HTMLFDA Issues Draft Guidance on Stem Cell Same Surgery Exception
Hilary B. Dudley, Tamara A. Klein, Courtney Scrubbs, David S. Szabo, Michaela ("Kayla") Tabela; Edwards Wildman Palmer LLP;
Legal Alert/Article
November 21, 2014, previously published on November 11, 2014
On October 23, 2014, the FDA’s Center for Biologics Evaluation and Research issued draft guidance for tissue establishments and healthcare professionals who implant stem cells and other cellular or tissue-based products into human patients. The FDA regulates human cells, tissues or cellular...

 


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