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|Viagra and Melanoma: Are They Related?|
Kimberly Baden; Motley Rice;
August 20, 2014, previously published on August 8, 2014Skin cancer has certainly been at the forefront of news reports the past month, given the acting U.S. Surgeon General Boris D. Lushniak’smost recent report stating that 63,000 new cases of melanoma are diagnosed in the U.S. each year and an estimated 9,000 die each year from the disease....
|Supreme Court Extends Religious Exemption From H.H.S. Contraception Mandate to Closely Held For-Profit Corporations|
James C. Geoly; Burke, Warren, MacKay & Serritella, P.C.;
August 20, 2014, previously published on August 1, 2014 The Affordable Care Act (“ACA”) requires employers above a certain size to provide health insurance coverage to employees, and requires all such plans to include “preventative care.” The U.S. Department of Health and Human Services (“HHS”) has defined...
|ATA Issues Final Clinical Guidelines for Telepathology|
Nathaniel M. Lacktman; Foley & Lardner LLP;
August 19, 2014, previously published on August 13, 2014The American Telemedicine Association (ATA) released its new Clinical Guidelines for Telepathology this week. The Guidelines update the ATA’s original 1999 telepathology guidelines, offering healthcare providers new and updated guidance on the specific applications, practice, benefits, and...
|Court Protects Patients Under Sound Ordinance|
August 19, 2014, previously published on August 15, 2014Pro-life protestors in West Palm Beach, FL remain prohibited from using amplified sound within one hundred feet of any health care facility after losing an appeal in the Eleventh Circuit Court of Appeals on August 6th, 2014. See Pine v. City of W. Palm Beach, FL, No. 13-15011, 2014 WL 3844110, at...
|FDA to focus on Laboratory Developed Tests|
McDonald Hopkins LLC;
August 19, 2014, previously published on August 13, 2014The Food and Drug Administration (FDA) provided notice to Congress on July 31, 2014 of its intent to issue draft guidance regarding regulatory oversight of laboratory developed tests (LDTs), including reporting and premarket submission requirements. The FDA treats LDTs as a subset of in vitro...
|The Third Circuit Requires Plaintiff in Liability Settlement to Reimburse the Government For Conditional Medical Payments|
Fineman Krekstein Harris P.C.;
August 19, 2014, previously published on August 13, 2014In Taransky v. Sebelius, the Court of Appeals for the Third Circuit held that Taransky, the plaintiff in the underlying personal injury lawsuit, was required to reimburse Medicare for the conditional medical expenses it advanced on her behalf. No. 13-3483, 2014 U.S. App. LEXIS 14408 (3d Cir. July...
|Ohio Revises Durable Power Of Attorney for Health Care Law|
James R. Chriszt; Nicola, Gudbranson & Cooper, LLC;
August 15, 2014, previously published on Summer 2014Ohio recently revised the statute governing the durable power of attorney for health care to update several provisions and to cover certain issues that may arise involving guardianships. The changes allow for access to protected health information about the patient, regardless of whether the person...
|Court Dismisses Physician Lawsuit Seeking Information by Hospital in Assessing Potential Employment|
Gregory Rastatter; Heyl, Royster, Voelker & Allen Professional Corporation;
August 13, 2014, previously published on Summer 2014In Davis v. Kewanee Hospital, 2014 IL App (2d) 130304, the Second District of the Illinois Appellate Court rejected a physician's attempt to obtain records utilized by a hospital in assessing the physician's qualifications for potential employment. Kewanee Hospital had offered employment to Dr....
|Health Care Providers to Get Greater Ability to Care for Veterans Under the Veterans Access, Choice, and Accountability Act of 2014|
Mark F. Tatelbaum; Foley & Lardner LLP;
August 12, 2014, previously published on August 7, 2014Today, President Obama signed into law the Veterans Access, Choice, and Accountability Act of 2014 (the “Act”). The Act will enable eligible veterans to obtain their health care from non-VA providers on an expanded basis.
|Bundled Payments under the Affordable Care Act Continue to Gain Influence|
Eric A. Klein, Lynsey Mitchel, Lauren Lee Tarantello; Sheppard, Mullin, Richter & Hampton LLP;
August 12, 2014, previously published on August 8, 2014The Center for Medicare and Medicaid Services (CMS) recently announced that it will add roughly 4,100 providers to the 2,400 existing providers testing the possible use of Medicare bundled payment contracts. Providers must apply to be candidates, and this group of now roughly 6,500 providers,...