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|Digital Health Law Update - An Overview of Notable Happenings Affecting Digital Health, Mobile Health, and Telemedicine, Volume I, Issue I|
Scott A. Edelstein, Stephen E. Gillette, Alexis Slagle Gilroy, Kevin D. Lyles, Soleil E. Teubner; Jones Day;
April 17, 2015, previously published on March 2015Jones Day lawyers are at the forefront of digital health and health information technology topics, with leading industry attorneys around the globe experienced in all aspects of the legal and regulatory issues arising from the use of technology and devices to deliver and improve health care and...
|Court Holds that ‘Supremacy Clause’ Does Not Create a Private Right of Action to Enforce the Provisions of Medicaid|
Robert P. Charrow; Greenberg Traurig, LLP;
April 17, 2015, previously published on April 1, 2015On Tuesday, March 31, 2015, in Armstrong v. Exceptional Child Center, Inc., No. 14-15 (U.S. March 31, 2015), the Supreme Court ruled 5-4 that private parties do not have the right under the U.S. Constitution’s Supremacy Clause to sue states over low Medicaid reimbursement rates. Plaintiffs...
|Provider Preparedness in the Wake of CoOportunity Health's Liquidation|
Lisa Ge Shang Han, John M. Kirsner, David T. Morris; Jones Day;
April 17, 2015, previously published on March 2015On March 2, 2015, the Iowa District Court for Polk County entered a Final Order of Liquidation against CoOportunity Health, Inc. ("CoOportunity") after previously placing CoOportunity under a rehabilitation order.
|Time to Reform the Corporate Practice of Medicine Doctrine?|
Jonathan E. Montgomery; Gordon Feinblatt LLC;
April 15, 2015, previously published on Spring 2015In Maryland, the corporate practice of medicine doctrine prohibits a corporation from operating a physician practice, unless the corporation is owned exclusively by physicians or related licensed professionals, or the corporation is itself licensed or statutorily permitted to practice medicine, as...
|The Time to Prepare for a HIPAA Audit is Now|
Rick L. Hindmand, John T. Mulligan, Jane Marie Pine Wood, Rachel H. Yaffe; McDonald Hopkins LLC;
April 15, 2015, previously published on April 8, 2015HIPAA covered entities (such as healthcare providers and health plans) and their business associates will soon face governmental audits of their HIPAA compliance. According to some sources, covered entities and business associates may have just two weeks to respond to the auditor’s request...
|CMS Avoids Medicare Cuts|
McDonald Hopkins LLC;
April 15, 2015, previously published on April 10, 2015Medicare Advantage will not see a payment cut this year, indeed, for the third year in a row Medicare Advantage will receive a payment increase.
|Mining Industry Coalition Opposes Proposed Civil Penalty Rule Changes under Mine Act|
Henry Chajet, Mark Savit; Jackson Lewis P.C.;
April 15, 2015, previously published on April 1, 2015Opposing a proposed Mine Safety and Health Administration (MSHA) rule changing the civil penalty assessment formula for violations of the Federal Mine Safety and Health Act (30 CFR Part 100) to ratchet up penalties, a coalition of mining industry companies, represented by the Jackson Lewis’...
|3D Printing in Medicine - Now?|
Lori R. Semlies; Wilson Elser Moskowitz Edelman & Dicker LLP;
April 15, 2015, previously published on February 12, 2015Advances in medical technology have made it possible to interpret x-rays from half way around the world, perform surgery through robots and diagnose dermatological conditions via Skype. Today we are on the cusp of further developments that will allow medical technicians to use 3D printers to...
|OIG Issues Negative Laboratory Advisory Opinion|
Rick L. Hindmand, Jane Marie Pine Wood; McDonald Hopkins LLC;
April 15, 2015, previously published on March 26, 2015A laboratory that proposed to waive patient balances for out-of-network laboratory services has been told no. Specifically, the laboratory proposed to contract with physician practices to provide all laboratory services for practice patients, regardless of payor, and agree to waive all fees for...
|Large Health Systems - 0 Courts - 2|
Victor A. Kwansa; Gordon Feinblatt LLC;
April 15, 2015, previously published on Spring 2015The federal antitrust laws prohibit conspiracies to restrain trade, attempts to monopolize, as well as mergers that may substantially lessen competition. States also have similar laws.