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|The Future of the Affordable Care Act (Week 2): A Framework for Handicapping Proposals to Replace the ACA|
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
January 26, 2017, previously published on December 6, 2016The Affordable Care Act made fundamental and important changes to the way the United States finances health care. The law did not represent a radical departure from prior law or policy, however. The ACA instead worked within, rather than disrupting, existing market-based, legal and regulatory...
|The Future of the ACA Week 5: The Rep. Tom Price Plan(s)|
Alden J. Bianchi, Edward Lenz; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
January 26, 2017, previously published on January 11, 2017This week continues our survey of key Republican proposals to “repeal and replace” the Affordable Care Act (ACA). In the past two weeks, we have reviewed the Trump/Pence transition plan, entitled “Healthcare Reform to Make America Great Again,” and House Speaker Paul...
|Health Care Enforcement Review & 2017 Outlook: Important Case Law Developments|
Laurence J. Freedman, Samantha P. Kingsbury, Karen S. Lovitch; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
January 25, 2017, previously published on January 5, 2017In 2016, courts around the country heard cases involving a variety of False Claims Act (FCA) and other enforcement-related matters, and going forward these case law developments are expected to have an impact on both the scope of FCA liability and the means by which FCA liability can be proven at...
|Know the Law: The ADA and Mental Health Conditions|
Nicholas F. Casolaro; McLane Middleton, Professional Association;
January 24, 2017, previously published on January 1, 2017Q: Are employees with mental health conditions protected from discrimination and harassment under the Americans with Disabilities Act in the same way as employees with physical disabilities?
|Trial Court Grants Summary Judgment Pursuant to New Jersey Medical Care Access and Responsibility and Patients First Act.|
Dylan T. Hastings; Marshall Dennehey Warner Coleman & Goggin, P.C.;
January 24, 2017, previously published on January 3, 2017The defendant, a family practice physician, performed a phlebectomy on the plaintiff, which she claimed caused her permanent injuries. At the ensuing Ferreira conference, the defendant took the position that he was acting as a “family medicine specialist” when he performed the...
|Know The Law: Treatment Records Privileged Under NH Law|
Andrea L. Daly; McLane Middleton, Professional Association;
January 24, 2017, previously published on November 7, 2016Q: I am a licensed mental health provider in New Hampshire. If an attorney serves me with a subpoena to turn over treatment records or testify, what do I do?
|Facing Evolving Cyberthreats and Crippled by Ransomware Attacks, Can Hospitals Ever Really Be Prepared?|
Laura E. Jehl; Sheppard, Mullin, Richter & Hampton LLP;
January 24, 2017, previously published on December 7, 2016It’s happened again. On November 2, an unspecified “major” cyberincident forced three National Health Service (NHS) hospitals in the UK to shut down all planned operations and divert critically ill patients to other facilities for three days until their electronic systems could be...
|Cures Act Delivers Cure for Small Employers|
Dale R. Vlasek; McDonald Hopkins LLC;
January 20, 2017, previously published on December 29, 2016Small employers finally have a fix for a problem that has confronted them ever since the Affordable Care Act’s (ACA) individual mandate became effective in 2014.
|Health System Pays $475K in First HIPAA Settlement for Failure to Provide Timely Breach Notification|
Rick L. Hindmand; McDonald Hopkins LLC;
January 19, 2017, previously published on January 10, 2017The Department of Health and Human Services Office for Civil Rights (OCR) today announced its first HIPAA settlement for failure to provide timely breach notification. The settlement was with Presence Health Network (“Presence”), a Chicago area health system, and was based on notifying...
|UMass HIPAA Settlement Highlights Importance of Proper Designation When Electing Hybrid Status|
Emily A. Johnson; McDonald Hopkins LLC;
January 19, 2017, previously published on December 13, 2016The University of Massachusetts Amherst (UMass) entered into a settlement agreement last month with the Department of Health and Human Services Office for Civil Rights (OCR) to pay a civil monetary penalty of $650,000 for potential violations of the Health Insurance Portability and Accountability...