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|OCR Issues Bulletin on Privacy in Emergency Situations|
Hilary B. Dudley, Tamara A. Klein, Courtney Scrubbs, David S. Szabo, Michaela ("Kayla") Tabela; Edwards Wildman Palmer LLP;
December 10, 2014, previously published on November 25, 2014In light of the recent Ebola cases, the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) released a new bulletin, to remind HIPAA-covered entities and business associates that the requirements of the HIPAA Privacy Rule apply even in emergency situations. The...
|Ebola Virus: Frequently Asked Questions|
Fisher Phillips LLP;
December 10, 2014, previously published on October 22, 2014Ebola virus disease (formerly known as Ebola hemorrhagic fever) is a severe, often fatal illness, with a death rate of up to 90%. The illness affects humans and nonhuman primates (monkeys, gorillas, and chimpanzees).
|CMP Proposed Rules|
Carrie Gilbert; Dressman Benzinger LaVelle psc;
December 8, 2014While there were already several grounds for which the OIG could impose a CMP, the proposed rules include additional reasons for which the OIG can impose a CMP.
|IRS Notice Provides More Flexibility to Rev. Proc. 97-13|
Kimberly K. Gibbens; Husch Blackwell LLP;
December 8, 2014, previously published on November 25, 2014The Internal Revenue Services (IRS) issued Notice 2014-67 on Oct. 24, 2014, to “amplify” Revenue Procedure 97-13 by (i) creating a new five-year safe harbor for management contracts, and (ii) expanding the permitted types of productivity awards allowed.
|Tenn. Federal Court OKs Extrapolation to Establish Liability in False Claims Act Case|
Kevin P. McCart, Kelly Schulz; Husch Blackwell LLP;
December 8, 2014, previously published on November 5, 2014The U.S. District Court for the Eastern District of Tennessee answered what it acknowledged was a novel question: whether statistical sampling and extrapolation are appropriate to establish liability under the False Claims Act (FCA). The court found the government could extrapolate from a sample of...
|The Affordable Care Act—Countdown to Compliance for Employers, Week 6: Labor and Treasury Departments Play Whack-a-Mole with Employer Payment Plans|
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
December 8, 2014, previously published on November 17, 2014Last year, the Department of Labor and the Treasury Department/IRS (Departments) issued guidance on the application of certain of the Affordable Care Act’s insurance market reforms to health reimbursement arrangements (HRAs), certain health flexible spending arrangements (health FSAs) and...
|HHS Releases Reminder about HIPAA Rules in Wake of Ebola Outbreak|
Lisa M. Luetkemeyer; Husch Blackwell LLP;
December 8, 2014, previously published on November 11, 2014The U.S. Department of Health & Human Services (HHS) Office for Civil Rights (OCR) released a bulletin on Nov. 10 reminding entities covered under the Health Insurance Portability and Accountability Act (HIPAA) that the protections continue to be in effect during emergencies, including Ebola...
|Class Action Defense Counsel adding ‘The Pick Off’ to Their Playbooks|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
December 5, 2014, previously published on November 21, 2014In recent years, we’ve noticed a new maneuver that class-action defense counsel have increasingly added to their playbooks: The Pick Off. This is how the play is run: Offer the named plaintiff(s) full relief through a Rule 68 offer of judgment and, even if the plaintiff(s) reject the offer,...
|Ebola and Employer Obligations|
Duncan A. W. Abate, Hong Tran; Mayer Brown JSM;
December 5, 2014, previously published on November 10, 2014The outbreak of the Ebola Virus Disease (“Ebola”) in West Africa has received considerable media attention as it begins to spread outside of Africa. In August 2014, the Government of Hong Kong confirmed that Ebola is grouped under Viral Haemorrhagic Fever (“VHF”), which is...
|Recent Case Regarding Parent Refusing Chemotherapy for First Nations Child in Favour of Traditional Medicines: What Are The Implications for Health Care Providers?|
Daphne Jarvis; Borden Ladner Gervais LLP;
December 5, 2014, previously published on November 25, 2014JJ, an 11 year old Mohawk girl was diagnosed with acute lymphoblastic leukemia (ALL). JJ’s mother, DH, is her substitute decision maker (SDM). With chemotherapy, JJ was assessed to have 90-95% probability of survival. Pediatric oncologists are not aware of any child with ALL surviving without...