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|Florida Is Not Colorado: Health Lawyers Give You 5 Things to Consider About Medical Marijuana|
Erin Smith Aebel, Rachel B. Goodman; Shumaker, Loop & Kendrick, LLP;
August 12, 2014, previously published on August 6, 2014If voters pass Amendment 2 in November, the use of marijuana will be permitted for certain medical purposes. As a result, the Florida legislature and regulatory agencies will be charged with developing statutes and regulations that create a new type of health care provider and that alter the...
|Remember to adopt your Policy for Prevention, Detection and Resolution of Controlled Substance Abuse, Misuse and Diversion by August 25th!|
Priscilla E. Kimball; Hinckley, Allen & Snyder LLP;
August 11, 2014, previously published on August 7, 2014By August 25, 2014, all health care facilities and providers licensed by the State of New Hampshire under NH RSA 151 (except laboratories and collection stations) must adopt a policy establishing procedures for the (1) prevention, (2) detection and (3) resolution of controlled substance abuse,...
|Beware The “Anticipatory Pregnancy” Claim|
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
August 11, 2014, previously published on August 6, 2014In Cadenas v. Butterfield Health Care II, Inc. (N.D. Ill. 7/15/14), a federal court asked the question of whether an employer could terminate a pregnant employee on the basis of its inability to accommodate her future pregnancy-related job restrictions. Even though the employee won this battle, the...
|In re Darvocet: Is There a “Parallel Misbranding” Exception to Generic Drug Preemption?|
Sills Cummis Gross P.C.;
August 8, 2014, previously published on August 1, 2014The Sixth Circuit recently reiterated the difficulty plaintiffs face in avoiding preemption of state-law claims against generic drug manufacturers in In re Darvocet, Darvon, & Propoxyphene Products Liability Litigation, Nos. 12-5368, et al. (6th Cir. June 27, 2014) (hereinafter...
|Highlights from the Senate Special Committee on Aging’s Hearing on Medicare Observation Status|
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
August 8, 2014, previously published on August 6, 2014A recent Senate Special Committee on Aging hearing focused on the impact of Medicare observation status, a hospital outpatient designation for which Medicare covers fewer services and generally reimburses for services at a lower rate compared to inpatient care.
|Louisiana Legislature Paves the Way for Telehealth Opportunities|
Judith W. Giorlando, Traci S. Thompson; Breazeale, Sachse & Wilson, L.L.P.;
August 8, 2014, previously published on August 2014Telehealth isn’t just for rural areas anymore. Everyone benefits from the savings and convenience of telehealth. Louisiana recognized that quality healthcare can be achieved in telehealth by passing important telehealth laws including the creation of the Louisiana Telehealth Access Act....
|Evolving Healthcare Trends & Patents: Charting a Safe Course for Personalized Medicine|
Stephen B. Maebius; Foley & Lardner LLP;
August 7, 2014, previously published on August 5, 2014Rapid changes resulting from personalized medicine, including the ability to use individual patient biomarker data to generate a tailored treatment, are transforming healthcare. New business structures are evolving in the healthcare marketplace to meet the need for integrating diagnostic data to...
|Audit Trails: Pitfalls of Electronic Medical Records, Part III|
Jodi V. Terranova; Wilson Elser Moskowitz Edelman & Dicker LLP;
August 7, 2014, previously published on July 31, 2014I do not profess to be an expert in the complexities of metadata in an electronic medical record (EMR). In simple terms, it is analogous to leaving footprints in the sand; although these do not wash away with high tide. In fact, the simple act of logging in and out of an electronic medical chart,...
|Medicare Announces Pay Increases for Psychiatric, Skilled Nursing and Rehabilitation Providers in Fiscal Year 2015|
Melesa A. Freerks; Foley & Lardner LLP;
August 7, 2014, previously published on August 6, 2014According to the rules released last Thursday by the Centers of Medicare and Medicaid Services (CMS), Medicare will increase payment to inpatient psychiatric hospitals, inpatient rehabilitation facilities and skilled nursing facilities in fiscal year 2015. The finalized payment policies boost...
|Is There A Link Between Talcum Powder And Cancer?|
Carmen S. Scott; Motley Rice;
August 6, 2014, previously published on July 29, 2014While studies continue to examine talcum powder and ovarian cancer, women of all ages should be aware that concerns about the possible relationship between the genital application of talcum powder and ovarian cancer are starting to gain attention.