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|NYS Department of Health Proposes Changes to Certificate of Need Process|
Nili S. Yolin; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
November 5, 2014, previously published on October 28, 2014On October 15, 2014, the New York State Department of Health (DOH) released proposed changes that will simplify the certificate of need (CON) process. Specifically, the Department is proposing to require prior notice, rather than a CON application, for certain construction projects involving...
|Supporting Prop 46 and the Victims of Malpractice|
Katie Nealon; Brayton Purcell LLP;
November 2, 2014, previously published on October 20, 2014Those admitted to hospitals tend to put their full trust in the medical professionals caring for them. Whether it is a doctor, nurse, or surgery assistant, patients can do little else than trust what the professional recommends for their health.
|Fraud and Abuse Waivers for MSSP ACOs Extended Another Year|
Stephanie D. Willis; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
October 28, 2014, previously published on October 23, 2014Fridays are for fraud and abuse news-related releases, yet again. Last Friday, the HHS Office of the Inspector General (OIG) released a notice (Notice) informing the public that it has delayed the release of a final rule regarding applicable fraud and abuse law waivers for ACOs participating in the...
|Legal Preparedness - Are You Ready for Ebola?|
Torrey K. Young; Foley & Lardner LLP;
October 28, 2014, previously published on October 14, 2014With confirmed Ebola Virus Disease (EVD) patients in the United States, health care facilities and providers should review whether they are compliant with existing laws and recommendations for emergency preparedness. Providers should take the time during non-emergency circumstances to identify...
|HHS Issues Guidance Regarding Same-Sex Marriages and HIPAA|
Margaret Young Levi; Wyatt, Tarrant & Combs, LLP;
October 23, 2014, previously published on October 20, 2014The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) has issued guidance concerning how the U.S. Supreme Court’s decision recognizing same-sex marriages may affect certain provisions relating to “family members” in the Health Insurance...
|Driving the Golden Spike: Avoiding Liability with Connected EHR Systems|
Peter J. Enko, Mike Foley, Deborah H. Juhnke, Wakaba Y. Tessier; Husch Blackwell LLP;
October 23, 2014, previously published on October 2014The evolution of today’s EHR holds much in common with that of the modern railroad. We all take for granted that railroad cars easily move from one track to another and from one company’s lines to another. So, whether the owner of the rail is Union Pacific or Burlington Northern, the...
|House Hearing on Ebola Preparedness|
McDonald Hopkins LLC;
October 22, 2014, previously published on October 17, 2014On Thursday, the Energy and Commerce subcommittee on Oversight and Investigations, chaired by GOP Rep. Tim Murphy(R-PA), held a hearing on Ebola. In particular the hearing examined the preparedness of the United States ports, point of entry, healthcare facilities and other institutions to identify,...
|Life Care Centers Seeks Sixth Circuit Review of Decision Allowing Statistical Sampling/Extrapolation in FCA Case|
Laurence J. Freedman, Samantha P. Kingsbury, Ellyn L. Sternfield; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
October 21, 2014, previously published on October 16, 2014Last week, we posted about U.S. District Court Judge Harry Mattice’s September 29th ruling that government attorneys could extrapolate from a small sample of patient admissions to over 50,000 patient admissions (and over 150,000 claims) by Life Care Centers of America, Inc. (a nursing home...
|Federal Judge Rules to Allow Extrapolation on More Than 50,000 Patient Admissions in FCA Case|
Samantha P. Kingsbury, Ellyn L. Sternfield; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
October 21, 2014, previously published on October 6, 2014Last week, a Tennessee federal district court judge ruled that government attorneys can extrapolate from a small sample of billing statements to over 50,000 patient admissions by Life Care Centers of America, Inc. (a nursing home operator) to try to hold Life Care Centers liable under the False...
|Discussing The Latest In Asbestos Lung Cancer Litigation|
V. Brian Bevon; Motley Rice;
October 20, 2014, previously published on October 10, 2014As many Americans are all too aware, lung cancer continues to be the leading cancer killerin both men and women in the United States. It is mainly seen as a disease of the elderly, with more than 82 percent of those suffering 60 years of age or older. This is due in part to aggressive cancers such...