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HTMLOCR Settlement with Physician Group Highlights Need For HIPAA Business Associate Agreements
Clay J. Countryman; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
May 20, 2016, previously published on April 2016
This week, the OCR announced another HIPAA settlement based on a provider's failure to have a Business Associate Agreement in place before disclosing PHI to a third party business vendor.

 

HTMLPennsylvania Governor Signs Medical Marijuana Act
Ashley R. Hileman, Lisa M. Schonbeck; Leech Tishman;
Legal Alert/Article
May 20, 2016, previously published on May 4, 2016
On April 17, 2016, Pennsylvania Governor Tom Wolf signed SB 3, the Medical Marijuana Act (the “Act”), into law. The Act will be effective May 17, 2016, and will have implications for employers with employees who become certified medical marijuana patients.

 

HTMLEEOC v. Flambeau, Voluntary Plans, the Insurance Safe Harbor, and the Future of Wellness Programs
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
May 19, 2016, previously published on April 1, 2016
The benefits world was set abuzz late last year with Equal Employment Opportunity Commission v. Flambeau, Inc., in which the Federal District Court for the Western District of Wisconsin upheld the validity of Wisconsin-based plastics manufacturer Flambeau, Inc.’s wellness program in the face...

 

HTMLFTC Settles Monopolization Charges Stemming from Contract Exclusivity Terms Used by First-to-Market Medical Polymer Maker
Farrah Short, Bruce D. Sokler; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
May 19, 2016, previously published on April 28, 2016
The mere possession of monopoly power does not violate federal antitrust laws. The laws only address the anticompetitive acquisition, maintenance, or abuse of that power. The Federal Trade Commission (“FTC”) entered into a consent agreement this week, settling charges that a medical...

 

HTMLRhode Island Trial Court Decision Could Spell Trouble for Employers Seeking to Enforce Restrictive Covenants Against Healthcare Employees
Francesco A. DeLuca; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 18, 2016, previously published on April 25, 2016
One of an employer’s first steps in a suit against a former employee to enforce a restrictive covenant is to seek a preliminary injunction to prevent the employee from continuing to violate his or her contractual obligations. But Rhode Island’s healthcare employers may no longer have...

 

HTMLPhysician Practice and Hospital Pay $750,000 and $1.5 Million for Failure to Have HIPAA Business Associate Agreements
Clay J. Countryman; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
May 18, 2016, previously published on May 2016
The Office for Civil Rights (OCR) recently announced two separate settlements with a hospital and a physician practice that highlight the importance of having HIPAA business associate agreements. Each of these HIPAA settlements were based on the failure to have a HIPAA business associate agreement...

 

HTMLAnother HIPAA Settlement ($750k) For Lack of Business Associate Agreement
Rick L. Hindmand; McDonald Hopkins LLC;
Legal Alert/Article
May 16, 2016, previously published on April 21, 2016
Yesterday, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced another HIPAA settlement with a covered entity for failure to enter into a business associate agreement.

 

HTMLOIG Updates Criteria for Exclusion from Federal Health Care Programs
Rick L. Hindmand; McDonald Hopkins LLC;
Legal Alert/Article
May 16, 2016, previously published on April 22, 2016
On April 18, 2016, the Office of Inspector General (OIG) of the U.S. Department of Health and Human Services (HHS) updated its criteria for exercising its permissive exclusion authority against individuals and entities involved in false claims, kickbacks or other fraud and abuse violations.

 

HTMLNew York’s Highest Court Rules No-Fault Insurers are Not Required to Pay a Facility Fee to Doctors’ Offices
Carmen Beauchamp Ciparick, Anne C. Reddy, Francis J. Serbaroli; Greenberg Traurig, LLP;
Legal Alert/Article
May 10, 2016, previously published on April 19, 2016
In a recent decision, New York’s Court of Appeals, its highest court, has ruled that no-fault automobile insurers do not have to pay a facility fee for procedures performed in private physician offices. This GT Alert analyzes the decision and its implications.

 

HTMLSecond Circuit Holds HR Professionals Can Be Liable as ‘Employers’ Under FMLA
Kelly M. Cardin, John G. Stretton; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 2, 2016, previously published on April 14, 2016
The Second Circuit Court of Appeals has recently held that a human resources manager could be held liable as an employer under the Family and Medical Leave Act (FMLA). In issuing its decision in Graziadio v. Culinary Institute of America, the court also articulated standards for FMLA interference...

 


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