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|Florida Medical Marijuana Update|
Matthew Ginder; Greenspoon Marder;
November 17, 2016, previously published on October 26, 2016On November 8th, Florida voters will decide on whether to legalize a robust medical marijuana program in the state commonly referred to as Amendment 2. Recent polling data suggests that the passage of Amendment 2 is highly likely. Our firm, Greenspoon Marder, has been working to ensure that...
|Flash: What the Election Means for Health Care|
Eli Greenspan, Rodney Whitlock; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
November 17, 2016, previously published on November 11, 2016In the first 100 days of a new Administration, there is typically an opportunity for legislative achievement - for folks to come together and identify common-ground solutions for policy challenges.
|FTC wins Two Key Hospital Merger Challenges in Federal Courts|
Jennifer Dowdell Armstrong, Christopher Graham Dean; McDonald Hopkins LLC;
November 16, 2016, previously published on November 04, 2016In the past 30 days, the U.S. Court of Appeals for the Seventh Circuit and Third Circuit delivered resounding victories to the Federal Trade Commission (FTC) in two separate hospital merger challenge cases, reversing decisions from Chicago and Pennsylvania district courts that would have allowed...
|HHS Releases E-Health and Telemedicine Report to Congress|
Alexis S. Gilroy, Kevin D. Lyles, Robert A. (Bob) Naeve, Cristiana Spontoni, Soleil E. Teubner; Jones Day;
November 16, 2016, previously published on November 2016On August 12, 2016, the U.S. Department of Health and Human Services ("HHS") released its Report to Congress: E-health and Telemedicine ("Report") in response to a Congressional request for HHS to provide an update on its telehealth efforts. The Report offers background on...
|Hospital Adverse Event Reporting System To Be Integrated Into FDA Nest Program|
Bethany Hills; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
November 15, 2016, previously published on November 1, 2016Based on recent FDA statements, it looks as though the FDA would like to integrate hospital medical device reporting obligations into the National Evaluation System for health Technology (NEST) framework. The NEST system is a new model for “real world” evidence generation as the FDA...
|Lessons Learned from FCA Settlement Involving Waiver of Medicare Coinsurance Amounts|
Karen S. Lovitch; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
November 15, 2016, previously published on October 25, 2016The waiver of copayments, coinsurance, and deductibles owed by patients treated by out-of-network laboratories and other providers is a hot topic in the health care industry. Despite the near absence of clear legal prohibitions on this practice, commercial insurers are aggressively pursuing...
|CMS Delays Enforcement of Part D Prescriber Enrollment Requirements|
Lauren Marie Moldawer; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
November 15, 2016, previously published on November 8, 2016Last week, CMS released a Fact Sheet announcing that it is further delaying enforcement of the Medicare Part D Prescriber Enrollment Requirements, with full enforcement to begin on January 1, 2019. Under the Medicare Part D Prescriber Requirements, Medicare Advantage and Part D plans must deny...
| Revitalization Act Held to Grant Whistleblower Implied Private Right of Action|
Pamela Landman, Paul W. Mourning, Khaled Mowad; Cadwalader, Wickersham & Taft LLP;
November 15, 2016, previously published on November 04, 2016On October 24, 2016 the New York Supreme Court, Kings County entered a decision allowing a former employee to proceed with a lawsuit against a not-for-profit, private college preparatory school and its headmaster alleging violations of the whistleblower provisions of the New York Not-for-Profit...
|Student Health Insurance Subsidies Catch Another Break|
Patricia A. Moran; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
November 14, 2016, previously published on November 1, 2016On October 21, 2016, the Departments of Labor (DOL), Health and Human Services (HHS), and the Treasury (collectively, the Departments) issued a FAQ providing indefinite relief for employers who subsidize student health insurance coverage.
|You Said It, Now We’re Going to Hold You to It! Hospitals Estopped from Asserting Disqualification Argument|
C. Thomas Davis, Kang He; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
November 14, 2016, previously published on November 4, 2016In theory, it is not an unfair labor practice to refuse to negotiate with a union engaged in competition with the employer—unless, of course, the employer gave the union other reasons for refusing to negotiate.