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|Supreme Court Denies Certiorari in MAO’s Double Damages Case|
Edward M. Waller; Fowler White Boggs P.A.;
May 2, 2013, previously published on May 2013On April 15, 2013, the United States Supreme Court denied a petition for certiorari brought by GlaxoSmithKline (“Glaxo”) seeking review of a Third Circuit decision in favor of Humana Medical Plan (“Humana”), as a Medicare Advantage Organization (“MAO”). In re:...
|What Do Employers Need to Know Now?|
Hancock Estabrook LLP;
May 2, 2013, previously published on April 2013The recent implementation of the Federal Patient Protection and Affordable Care Act (the Act) will mean changes, new obligations, increased costs and potential financial liability for certain employers relative to health plan coverage for their employees. The IRS has issued proposed regulations for...
|Supreme Court Of Ohio Protects Physician’s Statement Of Comfort Under Apology Statute|
Tyler Williams; Dinsmore & Shohl LLP;
May 1, 2013, previously published on April 30, 2013On April 23, 2013, the Supreme Court of Ohio reversed the decision of the Eleventh District Court of Appeals and applied Ohio Revised Code 2317.43, commonly referred to as the Apology Statute, to exclude a physician’s post procedure statements from evidence in a medical malpractice lawsuit...
|CMS Clarifies Physician Delegation of Tasks in SNFs and NFs|
Simi Botic, Thomas W. Hess; Dinsmore & Shohl LLP;
May 1, 2013, previously published on April 26, 2013The Centers for Medicare and Medicaid Services (“CMS”) released an important instruction for physicians, non-physician practitioners (“NPPs”) and providers who bill for services provided in skilled nursing facilities (SNFs) and nursing facilities (NFs). In its instruction,...
|EPA Issues New Vapor Intrusion Guidance|
Heidi Hughes Bumpers, Kevin P. Holewinski, Nancy MacKimm, John A. Rego, Charles T. Wehland; Jones Day;
May 1, 2013, previously published on April 2013On April 16, the U.S. Environmental Protection Agency ("EPA") released two new draft vapor intrusion guidance documents for public comment. The new guidance replaces EPA's draft 2002 policy and sets out significantly expanded investigation and remediation requirements.
|D.C. District Court Ruling Will Have Far-Reaching Impact on Healthcare Providers|
Jennifer L. Craighead; Barley Snyder;
May 1, 2013, previously published on April 2013On March 30, 2013, the U.S. District Court for the District of Columbia handed down a landmark ruling in the case of UPMC Braddock v. Harris that will have far-reaching impact on health care providers. Specifically, the court held that three hospitals affiliated with the University of Pittsburgh...
|New Federal Regulations Require Material Changes To Notice of Privacy Practices|
Rick L. Hindmand, John T. Mulligan, Jane Marie Pine Wood, Rachel H. Yaffe; McDonald Hopkins LLC;
April 30, 2013, previously published on April 24, 2013On January 25, 2013 the Department of Health and Human Services issued the HIPAA Omnibus Rule, a series of regulations to implement various provisions of the federal law known as the Health Information Technology for Economic and Clinical Health Act (“HITECH”). Included in that rule...
|Michigan District Court Holds That Calling Debtor A Liar When Attempting to Collect a Debt is Sufficient to State a Claim under the FDCPA|
Lauren E. Kilgore, Matthew T. Mitchell; Burr & Forman LLP;
April 30, 2013, previously published on April 26, 2013The District Court for the Eastern District of Michigan recently held that a debt collector’s accusation during a telephone call that the debtor was “lying” was sufficient to state a claim under the harassment and abuse provisions of the Federal Debt Collection Practices Act.
|Colorado Court Rules Use of ‘Medical Marijuana’ Not ‘Lawful’ under State’s ‘Legal Activities’ Law|
Jackson Lewis LLP;
April 30, 2013, previously published on April 26, 2013A Colorado appeals court has held that an employee’s off-duty use of “medical marijuana,” although allegedly in accordance with the state’s medical marijuana law, was not lawful or protected for purposes of the state’s “legal activities” law, and therefore...
|Sixth Circuit in MedQuest: No FCA Liability for Violation of Medicare Conditions of Participation Without Violation of Conditions of Payment|
Calvin B. Marshall; Chambliss, Bahner & Stophel, P.C.;
April 30, 2013, previously published on April 25, 2013On April 1, 2013, the U.S. Court of Appeals for the Sixth Circuit overturned an $11.1 million False Claims Act (FCA) judgment by the U.S. District Court for the Middle District of Tennessee against MedQuest Associates, Inc., a large provider of diagnostic imaging services, and three of its...