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HTMLHIPAA Deemed Compliance Period Ends Next Month
Deborah C. Hiser; Husch Blackwell LLP;
Legal Alert/Article
August 27, 2014, previously published on August 22, 2014
The U.S. Department of Health and Human Services (HHS) issued final regulations in January 2013 modifying the privacy, security and enforcement provisions under the Health Information Portability and Accountability Act of 1996 (HIPAA). Covered entities and business associates were generally...

 

HTMLCMS Guidelines Amended to Accept WCB Settlement Determination of MSA Amount After Hearing on the Merits
John J. Cronan, Evan M. Hansen, Nelson J Larkins; Preti, Flaherty, Beliveau & Pachios, LLP;
Legal Alert/Article
August 27, 2014, previously published on August 15, 2014
The Center for Medicare and Medicaid Services (CMS) update to its Workers' Compensation Medicare Set-Aside (WCMSA) Arrangement Reference Guide provides authority by which CMS will now recognize and defer to a Workers' Compensation hearing officer's settlement approval which determines the specific...

 

HTMLMaryland Court of Appeals Finds That Maryland’s Wage Payment and Collection Law Applies to Claims for Overtime Wages
Wayne C. Heavener; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
August 27, 2014, previously published on August 2014
In Peters v. Early Healthcare Giver, Inc., the Maryland Court of Appeals held that Maryland’s Wage Payment and Collection Law (“WPCL”) covered claims for overtime wages, despite any federal authority to the contrary. Writing for the Court, Judge Sally D. Adkins held that there was...

 

Adobe PDFIncrease to Affordable Care Act Affordability Threshold
Lamb Barnosky LLP;
Legal Alert/Article
August 27, 2014, previously published on August 21, 2014
As we advised you in our February 19,2013 memorandum, the Affordable Care Act ("the ACA") includes a shared responsibility provision that potentially penalizes covered employers that do not offer affordable health insurance coverage to their full-time employees. The ACA regulations define...

 

HTMLNew Guidance on Contractor Self-Disclosure
David L. Douglass, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 27, 2014, previously published on August 21, 2014
The Health and Human Services (HHS) Office of Inspector General (OIG) provides health care providers an opportunity to disclose potential violations of certain Federal civil and criminal laws in relation to HHS contracts or subcontracts, pursuant to which OIG offers a means for facilitated...

 

HTMLCMS Care Coordination Payments - A Boon to Doctors and Patients but Patient Participation Will be Essential
Vinay Bhupathy, Aytan Dahukey; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 27, 2014, previously published on August 19, 2014
As the Affordable Care Act continues to mature, we are seeing new efforts by the Obama administration to incentivize care coordination across a spectrum of services provided to Medicare Fee-for-Service (FFS) patients. A New York Times article posted on August 16, 2014 reports that starting in...

 

HTMLAsbestos Use Rises in India Despite Protests
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
August 26, 2014, previously published on August 15, 2014
Despite hundreds of asbestos and medical professionals advising India against the use of the substance, government officials continue to condone and encourage asbestos use in commercial and residential construction projects within the country.

 

HTMLHere Comes the Sunshine Act
Grace D. Mack; Wilentz, Goldman & Spitzer P.A.;
Legal Alert/Article
August 25, 2014, previously published on August 19, 2014
The Centers for Medicare and Medicaid Services (CMS) released a guide for physicians to prepare for the Dispute Resolution period of the Physician Payments Sunshine Act. The CMS guide is available on the CMS Open Payments website http://go.cms.gov/openpayments. CMS announced "mid-July"...

 

HTMLGeorgia Composite Medical Board Issues New Telemedicine Rules
Nathaniel M. Lacktman; Foley & Lardner LLP;
Legal Alert/Article
August 25, 2014, previously published on August 20, 2014
The Georgia Composite Medical Board enacted a new regulation governing the standards for telemedicine practice. The regulation, titled Practice Through Electronic or Other Such Means, is found under Georgia Comp. Rules and Regs. rule 360-3-.07 and is intended to establish the minimum standards of...

 

HTMLEighth Circuit Dismisses Whistleblower's Suit Finding Facts Were Already Publicly Disclosed
Jacqueline N. Acosta; Foley & Lardner LLP;
Legal Alert/Article
August 25, 2014, previously published on August 18, 2014
In an August 7, 2014 opinion, the Eighth Circuit upheld the dismissal of a whistleblower’s suit alleging that a number of pain pump device makers had violated the False Claims Act (FCA) by marketing their pain pumps for harmful off-label uses. United States ex rel. Paulos v. Stryker Corp. et...

 


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