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|How New York’s Emergency Medical Services and Surprise Bills Law Impacts Providers and Plans|
Nili S. Yolin; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
May 6, 2015, previously published on April 21, 2015Last year New York passed legislation known as the “Emergency Medical Services and Surprise Bills” law, a much-heralded consumer protection law primarily intended to guard against surprise bills for out of network (OON) health care services. We wrote about the law, which went into...
|FTC Flushes McWane in a Big Eleventh Circuit Exclusive Dealing Win|
Helen J. Kim, Timothy J. Slattery, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
May 6, 2015, previously published on April 22, 2015The situations where exclusive dealing policies, explicit or tied to an aggressive discounting program, cross the line under the rule-of-reason remain far from clear. Because it involved appellate review of a Federal Trade Commission (“FTC” or the “Commission”) ruling...
|FTC Settles Radioactive Allegations Against Cardinal Health with a Near Record-Breaking Disgorgement Agreement|
Helen J. Kim, Dionne C. Lomax, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
May 6, 2015, previously published on April 21, 2015In a 3-2 decision, as part of its aggressive antitrust enforcement in health care industries, the Federal Trade Commission (FTC or the Commission) announced that Cardinal Health, Inc. (Cardinal) agreed to pay $26.8 million to resolve the FTC’s allegations that Cardinal illegally monopolized...
|In the Wake of Baltimore: What Can Congress Do?|
McDonald Hopkins LLC;
May 5, 2015, previously published on May 1, 2015Every few months, members of Congress have been faced with searing images of peaceful protests that turn into violent demonstrations after a black man has died at the hands of police.
|Medicare Physician Payment Overhaul Bill Becomes Law|
John R., III Feore, Bruce Merlin Fried, John R., IV Russell; Dentons Canada LLP;
May 4, 2015, previously published on April 15, 2015Late April 14, the US Senate passed H.R. 2, the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) with broad bipartisan support. President Obama will sign MACRA into law, thus ending the annual exercise of Medicare physician fee schedule payment fixes. MACRA contains several Medicare and...
|Georgia’s Medical Marijuana Law Includes No Employment-Discrimination Protection|
Roger S. Kaplan, Kathryn J. Russo; Jackson Lewis P.C.;
April 30, 2015, previously published on April 23, 2015On April 16, 2015, Governor Nathan Deal signed legislation immediately legalizing the use of a low-potency form of cannabis oil for medicinal uses. However, unlike many other medical marijuana laws enacted recently, the Georgia law contains no language protecting medical marijuana users from...
|Score One for the Defense: Application of the Affordable Care Act to Reduce Future Damages|
Leslie M. Jenny; Marshall Dennehey Warner Coleman & Goggin, P.C.;
April 30, 2015, previously published on April 28, 2015Medical malpractice and catastrophic injury lawyers, insurers and clients are all interested in the first cases to come to fruition following the rollout of the Affordable Care Act (ACA). The ACA represents our nation’s first piece of federal legislation mandating universal access to health...
|The Many Levels of Supervision|
Robert V. Williams; Burr & Forman LLP;
April 30, 2015, previously published on April 2015Non-physician practitioners or physician extenders, as they are often called, are now common place in physicians' offices and have been for some time. They are an integral part of the private practice of medicine for the simple reason that they provide very skilled and useful services to the...
|EEOC Issues Important Proposed Rule Governing Employer Wellness Programs|
Edward S. Schenk III; Williams Mullen;
April 27, 2015, previously published on April 22, 2015On April 16, 2015, the Equal Employment Opportunity Commission (EEOC) published a proposed rule further addressing increasingly popular employer “wellness programs.” These programs generally incentivize employees to make healthier lifestyle choices by participating in nutrition and...
|China Publishes Draft Amendment to the GB 9685 Hygienic Standard on the Uses of Additives in Food Containers and Packaging Materials|
David J. Ettinger, Mark Thompson; Keller and Heckman LLP;
April 24, 2015, previously published on April 03, 2015On January 20, 2015, China’s National Health and Family Planning Commission (NHFPC) published an amendment to the current Hygienic Standards for Uses of Additives in Food Containers and Packaging Materials (GB 9685-2008) for comments from the general public. Comments on the amended...