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HTMLSupreme Court Examines Boundaries of Antitrust Immunity in North Carolina State Board of Dental Examiners v. FTC
Dionne C. Lomax; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 20, 2014, previously published on October 15, 2014
On October 14, 2014, the United States Supreme Court heard oral arguments in North Carolina State Board of Dental Examiners v. FTC, a U.S. Court of Appeals Fourth Circuit decision upholding an FTC finding that the North Carolina State Board of Dental Examiners (the “Board”) did not...

 

HTMLHHS Says New Healthcare Website Will Work
McDonald Hopkins LLC;
Legal Alert/Article
October 19, 2014, previously published on October 10, 2014
Federal health officials say they have reconfigured and rebuilt the enrollment website for the Affordable Care Act to avoid a repeat of last year's disastrous launch.

 

HTMLThe Employer’s Reference Guide to Information About Ebola
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 17, 2014, previously published on October 13, 2014
Concerns related to the Ebola outbreak are increasing among both employers and employees in the United States. The outbreak is currently most active in the West African nations of Guinea, Liberia, Nigeria, and Sierra Leone. However, there has been at least one confirmed death from the disease in...

 

HTMLTelemedicine Advances Allow Remote Patient Care
Sigrid C. Haines; Lerch Early Brewer Chartered;
Legal Alert/Article
October 17, 2014, previously published on September 25, 2014
The field is changing for the use of remotely-provided medical services. While the possibility of remotely-provided medical services received attention in the press some years ago, it has been slow to become a reality. Various issues have contributed to its slow adoption, including the need for...

 

HTMLOIG Seeks Comment on Recently Published Proposed Rule Expanding Anti-Kickback Safe Harbors
Lynsey Morris Barron, Richard H. Deane, Gerald M. Griffith, Rebekah N. Plowman, Stephen G. Sozio; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
The federal Anti-Kickback Statute ("AKS") criminalizes the solicitation or payment of remuneration in order to induce business that is reimbursable under the Medicare and/or Medicaid programs, such as kickbacks, bribes, and certain rebates. The U.S. Department of Health and Human Services...

 

HTMLCommercially Confidential Information at Risk: The European Medicines Agency Issues Disclosure Policy
Christian B. Fulda; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
As if the fight for reasonable returns on investment into drug development, currently exemplified by the discussion on the pricing of innovative products, is not enough, the pharmaceutical industry is facing one of its biggest challenges in Europe: the protection of commercially confidential...

 

HTMLFDA: Industry Must Address Cybersecurity Risks for Medical Devices.
Theodore P. Augustinos, Sharon A. Blinkoff, Ellen Marie Giblin, Mark E. Schreiber, David S. Szabo; Edwards Wildman Palmer LLP;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On October 1, 2014 the U.S. Food and Drug Administration finalized guidance on recommendations to manufacturers for managing cybersecurity risks to better protect patient health and information. The purpose of the guidance is to encourage manufacturers to consider possible cybersecurity risks while...

 

Adobe PDFSupreme Court Holds Health Care Professional Engaged to Provide an Independent Medical Records Review Owes No Duty of Care to Patient.
Nicole J. Benjamin; Adler Pollock & Sheehan P.C.;
Legal Alert/Article
October 15, 2014, previously published on September 24, 2014
In a case of first impression, the Rhode Island Supreme Court held that a doctor who was hired by a third party to provide an opinion about a patient based solely on his review of the patient’s records did not owe a duty of care to the patient. Consequently, the doctor cannot be held liable...

 

HTMLDoes the Medicare Telehealth Parity Act of 2014 Stand a Chance?
Nathaniel M. Lacktman; Foley & Lardner LLP;
Legal Alert/Article
October 15, 2014, previously published on October 9, 2014
“Telehealth saves money and helps save lives. By expanding telehealth services, we can make sure the best care and the best treatments are available to all Americans, no matter where they live.”

 

HTMLHospice Industry Will Face Stricter Scrutiny Under New Law Aimed at Post-Acute Care Data Standardization
Lisa A. Estrada, Asha M. Natarajan; Foley & Lardner LLP;
Legal Alert/Article
October 15, 2014, previously published on October 8, 2014
President Obama signed the “Improving Medicare Post-Acute Care Transformation Act of 2014” or the IMPACT Act of 2014 (the Act) on October 6, 2014. The new law is broadly focused on requiring all post-acute care providers to adopt standardized data protocols for patient assessment,...

 


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