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|New Materials Help Covered Entities Comply with Nondiscrimination Rules|
Bridgette Keller; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
August 15, 2016, previously published on July 25, 2016Last week, the Department of Health and Human Services (“HHS”) released new materials for covered entities to use to comply with Section 1557, the nondiscrimination provision of the Affordable Care Act. Section 1557 strengthens protections for populations that have been most vulnerable...
|USPTO Fast-Tracks Cancer Immunotherapy Patent Applications|
Terri Meiee Shieh-Newton; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
August 15, 2016, previously published on July 8, 2016Effective June 29, 2016, the United States Patent and Trademark Office (USPTO) implemented a pilot program to provide for earlier review of patent applications pertaining to cancer immunotherapy. The Cancer Immunotherapy Pilot Program was established in support of the White House national $1...
|Another Jury Acquits in One of the First Few Prosecutions of Health Care Executives Following DOJ’s Yates Memo|
Laurence J. Freedman, Bethany Hills, Samantha P. Kingsbury; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
August 15, 2016, previously published on July 27, 2016Last month, we reported on a Massachusetts federal court jury’s decision to acquit the former CEO of Warner Chilcott in one of the first prosecutions of a health care executive following the Department of Justice’s (“DOJ”) Yates Memo. Last week, another Massachusetts federal...
|D.C. Circuit Strikes a Potential Blow to the Affordable Care Act|
Lauren Marie Moldawer, Rodney Whitlock; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
August 15, 2016, previously published on July 13, 2016Earlier this month, the Court of Appeals for the D.C. Circuit issued its decision in Central United Life Insurance Co., v. Burwell, striking down a Department of Health and Human Services (HHS) rule prohibiting the sale and marketing of “fixed indemnity” plans to consumers who did not...
|Do Healthcare Employees Violate HIPAA by Using Mobile Devices?|
David Mullen, Esq.; Weltman Moskowitz LLP;
August 11, 2016, previously published on August 4, 2016Mobile devices, such as cell phones and tablets, are a valuable tool for communicating and delivering information and services to consumers. The success of applications like Uber and Airbnb have made people re-think the way they use these devices, while the stable of health and fitness applications...
|Should Your Nursing Home QAPI Program Be Updated Annually?|
Christopher Best, Esq.; Weltman Moskowitz LLP;
August 11, 2016, previously published on August 4, 2016The Affordable Care Act, which was signed into law in 2010, requires nursing homes to have effective Quality Assurance and Performance Improvement programs (QAPI) in place within a year of the passage of QAPI regulations.1 "QAPI is the merger of two complementary approaches to quality...
|FDA Comes Through on Promise to Release NGS Device Draft Guidelines Expeditiously|
Joanne S. Hawana, Bethany J. Hills; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
August 6, 2016, previously published on July 12, 2016Building on last year’s public workshops related to Next-Generation Sequencing (NGS) and expanding its efforts to advance the Obama Administration’s Precision Medicine Initiative, the FDA late last week released two draft guidance documents on different aspects of NGS-based diagnostic...
|OIG Delivers Home Care a One - Two Punch: Release of Report and Alert on Home Health Fraud Highlights Increased OIG Scrutiny of Home Care Agencies|
Aaron Buchman, Jared Facher, Brian T. McGovern; Cadwalader, Wickersham & Taft LLP;
August 5, 2016, previously published on June 29, 2016On June 22, 2016, the Office of Inspector General (“OIG”) issued two communications that underscore its continued focus on fraud in home health care, along with the role of physicians as “gate keepers” in authorizing Medicare-covered services and facilitating improper...
|Hospital Waivers of Medicare Co-Pays|
Leslie M. Cumber; Gordon Feinblatt LLC;
August 5, 2016, previously published on Summer 2016The Office of Inspector General of the Department of Health and Human Services (OIG) has recently issued an Advisory Opinion approving yet another request regarding the use of a preferred hospital organization as part of Medicare Supplemental Health Insurance (Medigap) policies.
|Will You Be Shut-Out If Your College-Age Child Has A Medical Emergency?|
Kristy L. Bayus; Pessin Katz Law, P.A.;
August 5, 2016, previously published on July 14, 2016The time when a child goes off to college can be a stressful time for any parent. You know that you are giving up substantial control over your child’s safety and choices, but you may be relinquishing even more control than you think. When a child turns eighteen, a parent may no longer have...