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HTMLIntroduction to Ontario’s Community Hubs Strategic Framework and Action Plan
Brennan M. Carroll, Webnesh Haile, Nick G. Pasquino; Borden Ladner Gervais LLP;
Legal Alert/Article
May 26, 2016, previously published on April 22, 2016
The concept of multiple organizations sharing space and resources is not a new one. Since 2015, however, the Ontario government has expressed a new dedication to fostering these collaborations as a key element of the cost-efficient and effective delivery of services to Ontario's diverse...

 

HTMLDecisions by Hospital Committees Can Be Reviewed by the Courts
Kirsten Crain; Borden Ladner Gervais LLP;
Legal Alert/Article
May 26, 2016, previously published on April 28, 2016
The Divisional Court has held that decisions of hospital committees can be subject to judicial review by the courts. If committee decisions are not reasonable, or if the process they follow is not procedurally fair, the courts can intervene.

 

HTMLCourt Orders Health Canada to issue a Product Licence Application for a Natural Health Product
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
May 26, 2016, previously published on April 28, 2016
The Plaintiff Winning Combination sought a Product Licence Application (PLA) for its natural health product RESOLVE, a smoking cessation aid. The Natural and Non-Prescription Health Products Directorate and its predecessor in Health Canada was said to have made two rejections: the first was a...

 

HTMLPennsylvania Governor Signs Medical Marijuana Act
Ashley R. Hileman, Lisa M. Schonbeck; Leech Tishman;
Legal Alert/Article
May 20, 2016, previously published on May 4, 2016
On April 17, 2016, Pennsylvania Governor Tom Wolf signed SB 3, the Medical Marijuana Act (the “Act”), into law. The Act will be effective May 17, 2016, and will have implications for employers with employees who become certified medical marijuana patients.

 

HTMLOCR Settlement with Physician Group Highlights Need For HIPAA Business Associate Agreements
Clay J. Countryman; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
May 20, 2016, previously published on April 2016
This week, the OCR announced another HIPAA settlement based on a provider's failure to have a Business Associate Agreement in place before disclosing PHI to a third party business vendor.

 

HTMLFTC Settles Monopolization Charges Stemming from Contract Exclusivity Terms Used by First-to-Market Medical Polymer Maker
Farrah Short, Bruce D. Sokler; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
May 19, 2016, previously published on April 28, 2016
The mere possession of monopoly power does not violate federal antitrust laws. The laws only address the anticompetitive acquisition, maintenance, or abuse of that power. The Federal Trade Commission (“FTC”) entered into a consent agreement this week, settling charges that a medical...

 

HTMLRhode Island Trial Court Decision Could Spell Trouble for Employers Seeking to Enforce Restrictive Covenants Against Healthcare Employees
Francesco A. DeLuca; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 18, 2016, previously published on April 25, 2016
One of an employer’s first steps in a suit against a former employee to enforce a restrictive covenant is to seek a preliminary injunction to prevent the employee from continuing to violate his or her contractual obligations. But Rhode Island’s healthcare employers may no longer have...

 

HTMLPhysician Practice and Hospital Pay $750,000 and $1.5 Million for Failure to Have HIPAA Business Associate Agreements
Clay J. Countryman; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
May 18, 2016, previously published on May 2016
The Office for Civil Rights (OCR) recently announced two separate settlements with a hospital and a physician practice that highlight the importance of having HIPAA business associate agreements. Each of these HIPAA settlements were based on the failure to have a HIPAA business associate agreement...

 

HTMLOIG Updates Criteria for Exclusion from Federal Health Care Programs
Rick L. Hindmand; McDonald Hopkins LLC;
Legal Alert/Article
May 16, 2016, previously published on April 22, 2016
On April 18, 2016, the Office of Inspector General (OIG) of the U.S. Department of Health and Human Services (HHS) updated its criteria for exercising its permissive exclusion authority against individuals and entities involved in false claims, kickbacks or other fraud and abuse violations.

 

HTMLAnother HIPAA Settlement ($750k) For Lack of Business Associate Agreement
Rick L. Hindmand; McDonald Hopkins LLC;
Legal Alert/Article
May 16, 2016, previously published on April 21, 2016
Yesterday, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced another HIPAA settlement with a covered entity for failure to enter into a business associate agreement.

 


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