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|Final Meaningful Use Rule: CMS Loosens its Grip|
Vinay Bhupathy, Aytan Dahukey; Sheppard, Mullin, Richter & Hampton LLP;
September 17, 2014, previously published on September 15, 2014The Centers for Medicare & Medicaid Services (“CMS”) finalized a rule on August 29th which should give providers some breathing room in complying with meaningful use requirements for the Electronic Health Record (“EHR”) Incentive Program (the “Final Rule”)....
|September 22 Deadline Looms: Less than Three Weeks Remain to Update Business Associate Agreements under Final HIPAA Omnibus Rule|
Kevin Page, Colbey B. Reagan; Waller Lansden Dortch & Davis, LLP;
September 17, 2014, previously published on September 4, 2014On January 25, 2013, the U.S. Department of Health and Human Services (HHS) published its final HIPAA omnibus rule (“Omnibus Rule”) aimed at strengthening the privacy and security protections for health information. The year-long, extended “transition period” for covered...
|The Creeping Union Part I: Could a “Micro-Union” Happen to You?|
Gael Y. Hagan, Anne B. Sekel; Foley & Lardner LLP;
September 17, 2014, previously published on September 12, 2014Is it ever too early for a startup business to consider the potential impact of unionized labor on future operations? According to a line of cases stemming from a groundbreaking 2011 National Labor Relations Board (NLRB) decision, the answer is “no.” In fact, as explained below, the...
|A (Second) Lawsuit Seeks to Compel Statutory Timeframe for Administrative Law Judge Review of Medicare Claims Appeals|
Lynsey Mitchel; Sheppard, Mullin, Richter & Hampton LLP;
September 17, 2014, previously published on September 11, 2014On August 26th, the Center for Medicare Advocacy filed a nationwide class action lawsuit against the Secretary of Health and Human Services. The complaint alleges that, as implemented, the Medicare administrative review process is in violation of Medicare statutory obligations and the Fifth...
|Is A "Legal Marijuana Business" Really Legal?|
Bruce E. Reinhart; McDonald Hopkins LLC;
September 17, 2014, previously published on September 16, 2014As more states legalize marijuana for medical or recreational use, budding entrepreneurs believe they will get rich from marijuana businesses that comply with the laws of a particular state (so-called “legal marijuana businesses”). They see opportunities to grow marijuana, to own...
|Planned Parenthood Ruling Deepens Current Split in the Circuits Regarding the Level of Specificity Required in FCA Cases|
Victoria H. Buter, Edward M. Fox, Thomas J. Kenny; Kutak Rock LLP;
September 16, 2014, previously published on September 9, 2014In the recent case of United States ex rel. Thayer v. Planned Parenthood of the Heartland, No. 13 1654, 2014 WL 4251603 (8th Cir. Aug. 29, 2014), the Eighth Circuit deepened the current split in the circuits regarding the level of specificity required in a False Claim Act (FCA) case, making it...
|Consent for Minors|
Kim Stanger; Holland Hart LLP;
September 15, 2014, previously published on September 11, 2014Well-intentioned healthcare providers often mistakenly assume that persons under age 18 (minors) may consent to their own healthcare. Treatment of a minor without proper consent may expose the practitioner to tort liability for lack of informed consent or battery in addition to limiting the...
|Local Cardiology Practice Enters Into $1.3 Million Dollar Settlement for Alleged Stark Law and False Claims Act Violations|
Laurel E. Baum, Jennifer R. Bolster, Raymond R. D'Agostino, Catherine A. Diviney, Meghan S. Gaffey; Hancock Estabrook, LLP;
September 12, 2014, previously published on September 2014On August 14, 2014, the United States Attorney for the Northern District of New York, Richard S. Hartunian, announced a $1.3 million settlement with Cardiovascular Specialists, P.C., d/b/a New York Heart Center (NYHC), a cardiology practice with offices throughout central and northern New York,...
|The Affordable Care Act—Countdown to Compliance for Employers, Week 16: So What, Exactly, is an “Offer of Coverage”?|
Alden J. Bianchi, Edward A. Lenz; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 12, 2014, previously published on September 8, 2014Whether an employer makes the requisite offer of group health plan coverage is critical to the application of the Affordable Care Act’s employer shared responsibility rules as reflected in final implementing regulations issued earlier this year (and see here for a useful IRS summary of those...
|Centers for Medicare & Medicaid Services Adopts Final Rule on Certified Electronic Health Records Technology|
Sarah Logan Mancebo; GrayRobinson, P.A.;
September 12, 2014, previously published on September 5, 2014The Centers for Medicare & Medicaid Services ("CMS") finalized a rule (the "Final Rule") on Friday, August 29, 2014 that grants certain health care providers additional time to upgrade electronic health record systems to meet meaningful use requirements under the Medicare...