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HTMLFlorida Legislature Passes Law to Protect Confidential Personal Information
GrayRobinson P.A.;
Legal Alert/Article
August 21, 2014, previously published on August 20, 2014
There have been a number of high profile data breaches in the last few years. Target suffered a data breach that affected more than 40 million customers. Neiman-Marcus recently suffered a data breach which it believes may affect more than 100 million customers. Concerns regarding these types of...

 

HTMLCMS Temporarily Closes the Open Payments System
Brian P. Dunphy; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 21, 2014, previously published on August 12, 2014
Open Payments is the website through which pharmaceutical and medical device manufacturers (“Manufacturers”) report payments and transfers of value to physicians and teaching hospitals, as required by the Sunshine Act. The Open Payments system has encountered data issues and has been...

 

HTMLViagra and Melanoma: Are They Related?
Kimberly Baden; Motley Rice;
Legal Alert/Article
August 20, 2014, previously published on August 8, 2014
Skin 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....

 

HTMLSupreme 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.;
Legal Alert/Article
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...

 

HTMLFDA to focus on Laboratory Developed Tests
McDonald Hopkins LLC;
Legal Alert/Article
August 19, 2014, previously published on August 13, 2014
The Food and Drug Administration (FDA) provided notice to Congress on July 31, 2014 of its intent to issue draft guidance regarding regulatory oversight of laboratory developed tests (LDTs), including reporting and premarket submission requirements.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...

 

HTMLThe Third Circuit Requires Plaintiff in Liability Settlement to Reimburse the Government For Conditional Medical Payments
Fineman Krekstein Harris P.C.;
Legal Alert/Article
August 19, 2014, previously published on August 13, 2014
In 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...

 

HTMLATA Issues Final Clinical Guidelines for Telepathology
Nathaniel M. Lacktman; Foley & Lardner LLP;
Legal Alert/Article
August 19, 2014, previously published on August 13, 2014
The 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...

 

HTMLCourt Protects Patients Under Sound Ordinance
GrayRobinson P.A.;
Legal Alert/Article
August 19, 2014, previously published on August 15, 2014
Pro-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...

 

HTMLOhio Revises Durable Power Of Attorney for Health Care Law
James R. Chriszt; Nicola, Gudbranson & Cooper, LLC;
Legal Alert/Article
August 15, 2014, previously published on Summer 2014
Ohio 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...

 

HTMLCourt Dismisses Physician Lawsuit Seeking Information by Hospital in Assessing Potential Employment
Gregory Rastatter; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
August 13, 2014, previously published on Summer 2014
In 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....

 


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