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HTMLNo Resuscitation of Hospital’s Exclusive Dealing Antitrust Suit against Competing Hospitals and Physicians
Farrah C. Short, Bruce D. Sokler; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 11, 2016, previously published on August 23, 2016
The Third Circuit reminds, “[i]n antitrust suits, definitions matter.” Last week, in applying that maxim, the court affirmed a lower court’s dismissal of a suit filed by a hospital against a competing hospital and physician group, in which the plaintiff hospital alleged that...

 

HTMLA Creative Use of Wuerth for the Medical Malpractice Defense Lawyer
Stephen M. Wagner; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 11, 2016, previously published on September 1, 2016
In 2009, the Ohio Supreme Court issued a decision in Nat’l Union Fire Ins. Co. of Pittsburgh v. Wuerth, 913 N.E.2d 939 (Ohio 2009), which many practitioners at the time considered to be a radical departure from well-settled respondeat superior principles in Ohio. In Wuerth, the Sixth Circuit...

 

HTMLGuidance for Health Care Organizations on the New Cannabis Regulations
Christine Laviolette, Lydia Wakulowsky; Borden Ladner Gervais LLP;
Legal Alert/Article
September 9, 2016, previously published on August 26, 2016
On August 24, 2016, the Access to Cannabis for Medical Purposes Regulations (ACMPR) came into force, replacing the Marihuana for Medical Purposes Regulations (MMPR), which formerly regulated the medical use of dried marihuana. Please see BLG's New Medical Marihuana Regulations Send the MMPR Up in...

 

HTMLNew Expanded Duty to Notify the College of Physicians and Surgeons of Ontario
Kirsten Crain, Kate A. Crawford, Daniel Girlando; Borden Ladner Gervais LLP;
Legal Alert/Article
September 9, 2016, previously published on August 31, 2016
On August 1, 2016, the legislature significantly expanded a hospital’s duty to report to the College of Physicians and Surgeons of Ontario (“CPSO”) where there are concerns about a physician’s competence, negligence or conduct. The new mandatory reporting obligations in the...

 

HTMLAnesthesia Group Settles Kickback Allegations to Obtain Exclusive Agreements With Ambulatory Surgery Centers
Clay J. Countryman; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
September 7, 2016, previously published on August 2016
On August 5, 2016, the United States Attorney for the Middle District of Georgia announced a civil settlement in which Sweet Dreams Anesthesia, a partnership of certified registered nurse anesthetists (CRNAs), paid over $1,015,000 to resolve allegations that Sweet Dreams paid kickbacks to...

 

HTMLAre "Balance Bill" Liens Legal or Enforceable?
Danielle J.K. Constant, James W. Kaucher; Gust Rosenfeld P.L.C.;
Legal Alert/Article
September 7, 2016, previously published on June 29, 2016
In the recent Abbott v. Banner Health Network decision, the Arizona Supreme Court left unanswered the question of whether health care facilities can record balance bill liens on Arizona Health Care Cost Containment System (AHCCCS) patients.

 

HTMLIllinois Law Mandates Unpaid Child Bereavement Leave
Jody Kahn Mason, Kathryn Montgomery Moran; Jackson Lewis P.C.;
Legal Alert/Article
September 2, 2016, previously published on August 11, 2016
Illinois employers with at least 50 employees must provide employees who suffered the loss of a child with up to two weeks (10 work days) of unpaid leave under the new Child Bereavement Leave Act. The new law took effect immediately upon Governor Bruce Rauner’s signature on July 29, 2016.

 

HTMLOSHA Issues Special Zika Guidance to Employers
Tressi L. Cordaro; Jackson Lewis P.C.;
Legal Alert/Article
September 2, 2016, previously published on August 18, 2016
The Occupational Safety and Health Administration has issued “interim guidance” to provide employers and workers information and advice on preventing occupational exposure to the mosquito-borne Zika virus.

 

HTMLRespirable Coal Dust Samples Prove New Dust Rule Is Achievable, Mine Safety Agency Announces
Bradford T. Hammock; Jackson Lewis P.C.;
Legal Alert/Article
September 2, 2016, previously published on August 18, 2016
The Mine Safety and Health Administration has announced that 99 percent of the coal mine dust samples collected from April 1, 2016, through June 30, 2016, were in compliance with its coal mine dust standards requiring lower levels of dust. It said that this proves the “significantly positive...

 

HTMLAffordable Care Act Drug "Test" is Thin Cover for More Obamacare Executive Overreach, Forbes
Michael A. (Mike) Carvin; Jones Day;
Legal Alert/Article
September 1, 2016, previously published on August 2016
The Affordable Care Act ("ACA," "the Act") has overwhelmed large swaths of the economy, and the Administration is poised to upend yet another, by overriding Congress's directives on how Medicare pays for the medicines that physicians prescribe under that program. Patients,...

 


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