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|Identify Yourself! Deadline for Health Plan Identifiers is Fast Approaching|
Lucas J. Asper, Stephanie Alden Smithey, Timothy G. Verrall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
September 30, 2014, previously published on September 26, 2014One of the lesser-known health plan requirements adopted by the Patient Protection and Affordable Care Act (ACA) has an initial deadline that is fast approaching, and most employers will need to take action to ensure that their group health plans remain in compliance. As discussed below, the ACA...
|Medical Marijuana Hearing Slated for October|
September 30, 2014, previously published on September 25, 2014Two plant nurseries, Plants of Ruskin, Inc. and Costa Farms, LLC filed administrative challenges with the Florida Division of Administrative Hearings in September 2014. The nurseries are challenging the enactment of the proposed rules drafted by the Florida Department of Health, Office of...
|Food Addiction Linked to PTSD|
Jennifer L. Keel; Burg Simpson Eldredge Hersh & Jardine, P.C.;
September 30, 2014, previously published on September 21, 2014Women who suffer from post-traumatic stress disorder are more likely to be addicted to food, according to researchers from the School of Public Health.
|Hospital Incident Report Not Patient Safety Work Product|
Julie A. Tyk; GrayRobinson, P.A.;
September 30, 2014, previously published on September 24, 2014A recent case in Duval County, Florida ordered the production of documents a hospital claimed were privileged patient safety work product under the Patient Safety and Quality Improvement Act of 2005 ("Patient Safety Act").
|Final Rules on Compensation Deduction Limit for Health Insurers|
Dennis L. Allen, Adam B. Cohen, Thomas A. Gick, Michael A. Hepburn, Paul R. Lang; Sutherland Asbill & Brennan LLP;
September 29, 2014, previously published on September 25, 2014The Internal Revenue Service (IRS) and the Department of Treasury (Treasury) have issued final regulations under section 162(m)(6) of the Internal Revenue Code of 1986, as amended (Code), which limit the deduction certain health insurers may claim for compensation payable to their employees and...
|Telemedicine and the Interstate Medical Licensure Compact is Here: Will it Succeed?|
Nathaniel M. Lacktman; Foley & Lardner LLP;
September 29, 2014, previously published on September 25, 2014After more than 18 months in the works, and with much public coverage in the telemedicine industry, the Federation of State Medical Boards (FSMB) made its Interstate Medical Licensure Compact available for review by state medical boards.
|Help May Be On the Way in Pennsylvania for Providers of Emergency Health Care|
Mary Kate McGrath; Marshall Dennehey Warner Coleman & Goggin, P.C.;
September 29, 2014, previously published on October 1, 2014Pennsylvania may take a huge step forward in remedying its reputation as a hostile environment for medical providers in the form of legislation introduced by Representative Bryan Cutler (R) of 100th Legislative District of Pennsylvania. This legislation seeks to impose a heightened standard of...
|Exercise Caution and Attention to Detail When Presenting Agreements to Nursing Home Residents and Patients.|
Nicholas A. Rimassa; Marshall Dennehey Warner Coleman & Goggin, P.C.;
September 29, 2014, previously published on October 1, 2014In this nursing home malpractice case, the defendant facility successfully obtained a grant of summary judgment dismissing the case from the New Jersey Superior Court and compelling arbitration pursuant to a pre-dispute arbitration agreement executed by the plaintiff, attorney-in-fact, who executed...
|It's Official: Feds Acknowledge Increased Criminal Review of Civil Healthcare Cases|
Richard H. Blake, Rick L. Hindmand; McDonald Hopkins LLC;
September 29, 2014, previously published on September 22, 2014The Justice Department’s Criminal Division recently announced that it is committing more resources and “stepping up” its review of cases filed under the civil False Claims Act for potential criminal prosecutions. The announcement formalizes the government’s recent trend to...
|Medical Professional Negligence - What’s In A Name? If You’re The Plaintiff, It Doesn’t Matter|
Wendy R.S. O'Connor; Marshall Dennehey Warner Coleman & Goggin, P.C.;
September 25, 2014, previously published on September 1, 2014The Pennsylvania Superior Court recently held that a plaintiff in a medical professional negligence action may proceed against a health care facility based upon allegations of vicarious liability, even absent the identification of specific individuals whose conduct is imputed to the facility. In...