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HTMLRevised Draft 2018 Medicare Marketing Guidelines Open For Comment
Tara Swenson Dwyer; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
February 27, 2017, previously published on January 26, 2017
Last week, CMS published the Revised Draft 2018 Medicare Marketing Guidelines and requested feedback from all interested parties.

 

HTMLRecent HIPAA Enforcement Actions
Sarah Beth S. Kuyers; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
February 27, 2017, previously published on January 25, 2017
The U.S. Department of Health and Human Services, Office for Civil Rights (OCR) recently announced the first ever settlement related to a Covered Entity’s untimely breach notification in violation of HIPAA. Presence Health, a health care network in Illinois, discovered a breach of unsecured...

 

HTMLThe Newly Updated Common Rule is Here - And On a Collision Course With the 21st Century Cures Act
Dianne J. Bourque; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
February 27, 2017, previously published on January 26, 2017
On January 18th, the U.S. Department of Health and Human Services (HHS) and 15 other federal agencies issued a final rule updating regulations for the protection of human research subjects, the so-called “Common Rule.” The original Common Rule had been in place for almost 30 years, with...

 

HTMLMassachusetts Determination of Need Program - Final Regulations
M. Daria Niewenhous; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
February 27, 2017, previously published on January 23, 2017
The Massachusetts Department of Public Health (DPH) Determination of Need (DoN) Program has promulgated final DoN regulations (shown here compared against the draft revisions.) Approved by the Massachusetts Public Health Council (PHC) on January 11, 2017, DPH anticipates that the DoN regulations...

 

HTMLFDA’s Enforcement Priorities Likely to Change in 2017 and Other “Unknowable Knowns”
Joanne S. Hawana, Bethany Hills; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
February 27, 2017, previously published on January 17, 2017
As we enter a new era in which executive agencies are headed by President Trump, we are also faced with many other transformative changes that will affect FDA-regulated entities in a significant and lasting way. This post will outline some of our thoughts related to what could face FDA and its...

 

HTMLEEOC Releases Guidance Concerning the Mental Health Provider’s Role in ADA Reasonable Accommodation Requests
Robert Sheridan; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
February 24, 2017, previously published on January 18, 2017
The EEOC recently published guidance for mental health providers describing their role in an employee or applicant’s request for a reasonable accommodation under the Americans with Disabilities Act (“ADA”). While the guidance is primarily aimed at providing information to mental...

 

HTMLMedical Device Cybersecurity: How Can Healthcare Providers Mitigate the Emerging and Growing Risks?
Jack Pringle; Adams and Reese LLP;
Legal Alert/Article
February 23, 2017, previously published on January 12, 2017
Columbia Partner Jack Pringle authored “Medical Device Cybersecurity: How Can Healthcare Providers Mitigate the Emerging and Growing Risks?” for the Winter 2017 edition of The Memphis Medical Society Quarterly.

 

HTMLMembers of Ophthalmologist Group Charged with Illegal Boycott of Health Plan
Robert G. Kidwell, Farrah C. Short, Bruce D. Sokler; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
February 21, 2017, previously published on January 24, 2017
An ophthalmologist cooperative in Puerto Rico settled charges with the Federal Trade Commission (“FTC”) last week that it orchestrated an illegal boycott of a health plan.[1] The FTC alleged that the cooperative urged its members to refuse to sign an agreement with the health plan that...

 

HTMLAmbulatory Surgery Centers: Buy One, Get One Free
Jonathan E. Montgomery; Gordon Feinblatt LLC;
Legal Alert/Article
February 20, 2017, previously published on Winter 2016
Recently, there has emerged a new option for physicians seeking to own (or share) a slice of their very own single-room ambulatory surgery center (ASC) in Maryland. Traditionally, Maryland physicians faced a daunting obstacle to establishing an ASC: the fixed costs of construction and operation. On...

 

HTMLAffordable Care Act is Target of Trump Executive Order on Inauguration Day
Joy M. Napier-Joyce; Jackson Lewis P.C.;
Legal Alert/Article
February 20, 2017, previously published on January 23, 2017
In one of his first actions in office, President Donald Trump signed an Executive Order to “Minimize the Economic Burden of the Patient Protection and Affordable Care Act Pending Repeal.” In a few short paragraphs, President Trump has given a very broad directive to federal agency...

 


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