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HTMLProposed Changes to the Regulated Health Professions Act Furthering Patient Protection and Accountability
Patrick Hawkins, Henry Ngan; Borden Ladner Gervais LLP;
Legal Alert/Article
January 6, 2017, previously published on December 15, 2016
On December 8, 2016, Bill 87: Protecting Patients Act, 2016 was tabled for first reading at Queens Park. Bill 87 proposes numerous amendments to the Regulated Health Professions Act, 1991 (RHPA) in particular, to the Health Professions Procedural Code (Schedule 2 to the RHPA). These amendments aim...

 

HTMLInformed Consent for Surgery: Does a Surgeon’s Experience Level Matter?
John Hoelzer; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
January 6, 2017, previously published on Fourth Quarter 2016
If a surgeon fails to tell his patient about the material risks of a procedure, thereby causing the patient to consent to treatment that the patient otherwise would not have consented to, then the surgeon could be accused of malpractice in the event that the patient is injured. In such a situation,...

 

HTMLMaking the Sausage: Medicaid Block Grants in the 115th Congress
Eli Greenspan, Bridgette Keller, Rodney Whitlock; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 6, 2017, previously published on November 28, 2016
Republicans have been talking about remodeling the Medicaid program through block grants or per capita caps for years. Both block grants and per capita caps are designed to limit federal spending by providing a state with a set amount of federal money to fund its Medicaid program. With the sweeping...

 

HTMLOCR Warns of Phishing Campaign Disguised as Official OCR Communication
Jordan T. Cohen; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 6, 2017, previously published on November 29, 2016
The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published an alert on Monday describing a phishing campaign disguised as an email from OCR. The email is being circulated on mock HHS letterhead under the signature of OCR’s Director Jocelyn Samuels and is...

 

HTMLThe Future of the Medicare Part B Payment Demo under a Republican-held Congress
Theresa C. Carnegie, Eli Greenspan, Lauren Marie Moldawer, Rodney Whitlock; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 6, 2017, previously published on November 29, 2016
There has been much controversy over the Medicare Part B payment demonstration proposed by the Center for Medicare and Medicaid Innovation (CMMI) in March 2016. As we await the release of the final rule, the fate of this demonstration will be in the hands of a Republican-held Congress and...

 

HTMLThe Future of the ACA (Week 3): The Trump Plan, “Healthcare Reform to Make America Great Again”
Alden J. Bianchi, Edward Lenz; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
January 5, 2017, previously published on December 14, 2016
The Trump campaign promised to “repeal and replace” the Affordable Care Act. On the campaign trail, candidate Trump was particularly critical of the ACA’s individual mandate, the subsidization of premium charges to older individuals by younger individuals, and the coverage...

 

HTML21st Century Cures Act Requires FDA to Expand the Role of Real World Evidence
Bethany Hills, Benjamin Zegarelli; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 5, 2017, previously published on December 19, 2016
As we noted in our December 9th post, the 21st Century Cures Act (the “Cures Act”) requires FDA to develop a framework and guidance for evaluating real world evidence (“RWE”) in the context of drug regulation to support approvals of new indications for previously approved...

 

HTMLApplication of the PIP Deductible to Bills Submitted by Hospitals and Other Non-emergency Physician Providers
Cole Scott Kissane P.A.;
Legal Alert/Article
January 5, 2017, previously published on December 12, 2016
Let’s face it, accidents happen. But, when they do, we hope for a host of reasons that the injuries are not severe enough to warrant a visit to the hospital. For insurers, this concern goes beyond the concern for the claimant’s physical well-being. Rather, the insurer must also concern...

 

HTMLCures Act Affirms Drug Companies’ Ability to Discuss Certain Information with Payors
Joanne S. Hawana; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 5, 2017, previously published on December 22, 2016
Since congressional enactment and presidential signing of the Cures Act into law earlier this month, we have been blogging on discrete regulatory and clinical areas affected by its provisions. One small, but by no means insignificant, change is the Cures Act’s explicit recognition that drug...

 

HTMLCMS Releases Final Medicare Outpatient Observation Notice
Catherine Breaux Moore; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
January 5, 2017, previously published on December 2016
The Centers for Medicare & Medicaid Services (“CMS”) posted the final approved version of the Medicare Outpatient Observation Notice (“MOON”) on the CMS Beneficiary Notices Initiative website on December 8, 2016.[1] According to CMS, all hospitals and critical access...

 


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