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|Proposed CMS Rule Aims to Modernize Managed Care for Medicaid and CHIP Enrollees|
Tricia A. Asaro, Amanda R. Ledford; Greenberg Traurig, LLP;
June 16, 2015, previously published on June 1, 2015On May 26, 2015, the Centers for Medicare & Medicaid Services (CMS) issued a proposed rule (the “Proposed Rule”) that would revise the Medicaid managed care regulations for the first time since 2002. Since the regulations were last updated, managed care plans have grown to cover a...
|Get the Gist? No Certificate of Merit Necessary|
Christina J. Westall; Marshall Dennehey Warner Coleman & Goggin, P.C.;
June 16, 2015, previously published on June 1, 2015In December 2014, the Pennsylvania Supreme Court decided Bruno v. Erie Ins. Co., 106 A.3d 48 (Pa. 2014), significantly changing the rules requiring a certificate of merit in professional liability cases. The scope of a professional liability claim is governed by Pa. R.C.P. 1042.1, which permits a...
|Final Rule Will Allow More Physicians to Participate in Multiple ACOs|
Rick L. Hindmand; McDonald Hopkins LLC;
June 15, 2015, previously published on June 9, 2015On June 4, 2015, the Centers for Medicare & Medicaid Services (CMS) issued a final rule that revises the Medicare Shared Savings Program (MSSP) regulations relating to accountable care organizations (ACOs). The final rule includes changes that provide increased flexibility for physicians in...
|VP Biden’s Son Passes Away of Brain Cancer|
McDonald Hopkins LLC;
June 15, 2015, previously published on June 5, 2015Over the weekend, the family of Beau Biden (D-Del.), son of Vice President Joe Biden, announced that he had died after a battle with brain cancer. Biden, who was 46, served as the Attorney General of Delaware from 2007 until early this year.
|Allegheny Court Refuses to Recognize Negligence Claim for Data Breach|
Mark L. Mattioli, Mary Kate McGrath; Marshall Dennehey Warner Coleman & Goggin, P.C.;
June 12, 2015, previously published on June 9, 2015On May 28, 2015, the Honorable Stanton Wettick sustained preliminary objections in Dittman v. UPMC, dismissing all counts in a class action matter brought on behalf of 62,000 employees of the University of Pittsburgh Medical Center (UPMC). The plaintiffs alleged that UPMC failed to enact...
|Supreme Court’s Impact on Informed Consent Defenses|
Katharine C. Koob; Marshall Dennehey Warner Coleman & Goggin, P.C.;
June 12, 2015, previously published on June 1, 2015In recent years there has been an increase in lack of informed consent claims within medical malpractice actions. In Pennsylvania, informed consent claims sound in “offensive touching” without permission and constitute a battery. Allegations of negligence sound in a breach of the...
|Tightening the Belt: The Shrinking Scope of Harmless Error|
Laura J. Persun; Marshall Dennehey Warner Coleman & Goggin, P.C.;
June 11, 2015, previously published on June 1, 2015In late January 2015, the Pennsylvania Superior Court issued an opinion that justified its decision to overturn the trial court. It highlighted testimony in which the minor plaintiff’s expert witness and the defendants’ attorneys referenced the availability of collateral sources. Even...
|Ninth Circuit Rules Idaho Abortion Restrictions Are Unconstitutional|
Melissa Starry; Holland Hart LLP;
June 10, 2015, previously published on June 3, 2015On Friday, May 29, 2015, the 9th Circuit U.S. Court of Appeals ruled unconstitutional multiple provisions of Idaho law regulating abortion. See McCormack v. Herzog, No. 13-35401 (9th Cir. May 29, 2015).
|Two District of Columbia Agencies Will Enforce New Protections for Pregnant Workers|
Alta M. Ray, Teresa Burke Wright; Jackson Lewis P.C.;
June 8, 2015, previously published on June 3, 2015The District of Columbia Office of Human Rights (OHR) and the District of Columbia Department of Employment Services (DOES) announced on June 1, 2015, a joint effort to investigate and enforce the Protecting Pregnant Workers Fairness Act of 2014 (“PPWFA” or “Act”). An...
|Med Pay and Health Benefits Do Not Constitute an Impermissible Double Recovery|
Hamblett Kerrigan P.A.;
June 8, 2015, previously published on June 2014In Massachusetts, many automobile insurance policies have medical payments coverage (hereinafter referred to as "Med Pay") when PIP is exhausted or is not applicable to the accident, your automobile insurance will pay for the medical bills and expenses incurred as a result of an...