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|Prescribing High Potency Medication To a Known Drug Abuser: Is the Doctor Liable For Resulting Injuries?|
Julia A. Klubenspies; Marshall Dennehey Warner Coleman & Goggin, P.C.;
March 14, 2014, previously published on March 1, 2014The New Jersey Supreme Court recently heard oral argument on a case involving a patient with a known drug abuse history who swallowed medication from a prescription, high-potency skin patch, which ultimately lead to anoxic brain injury. The question before the Supreme Court is whether the trial...
|Spreading Mesothelioma Awareness|
Katie Nealon; Brayton Purcell LLP;
March 14, 2014, previously published on March 10, 2014Upon hearing you are diagnosed with mesothelioma, you might start to think that your doctor is speaking another language. Most people have enough trouble pronouncing the word "mesothelioma," let alone the various other medical terms that are brought into the conversation.
|FTC Cautions States against Overbroad Regulation of Nurse Practitioners in Continued Effort to Promote Expanded Roles for Non-traditional Providers|
Farrah Short, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
March 14, 2014, previously published on March 12, 2014The Federal Trade Commission (FTC) has a well-established role in promoting competition in the health care industry through enforcement, study and advocacy. To that end, the agency actively urges the opening of health care markets to a broader range of providers. For example, the FTC previously...
|CMS Issues EHR Meaningful Use Hardship Exceptions for Health Care Providers Subject to 2015 Medicare Reimbursement Reduction (Includes Automatic One-Year Reprieve for 2013 Meaningful Users)|
Margaret Young Levi; Wyatt, Tarrant & Combs, LLP;
March 14, 2014, previously published on March 11, 2014On February 28, 2014, we posted an article about ICD-10 and Stage 2 Meaningful Use (MU) announcements by the Centers for Medicare & Medicaid Services (CMS) at the 2014 HIMSS annual conference. At that conference, while CMS refused to extend the deadlines for ICD-10 and Stage 2 MU, it promised...
|Emerging Mesothelioma Treatment Options|
Katie Nealon; Brayton Purcell LLP;
March 14, 2014, previously published on March 12, 2014If you have recently been diagnosed with mesothelioma, you might be wondering what your treatment options are. It is estimated that patients have twelve to eighteen months to live after diagnosis, but that is not the case for everyone. There are several treatments available for mesothelioma...
|OIG Releases Report on Medicaid Fraud Control Units|
Judith A. Waltz; Foley & Lardner LLP;
March 12, 2014, previously published on March 11, 2014The Department of Health and Human Services (HHS) Office of Inspector General (HHS-OIG) has released its Fiscal Year (FY) 2013 Annual Report (Report) on the performance of the Medicaid Fraud Control Units (MFCU) (OEI-06-13-00340, March 2014). As part of their state Medicaid plans, all states must...
|Ohio State Medical Board Issues New Regulations Covering Termination of Physician-Patient Relationships|
Bridget K. Cougevan, John T. Mulligan; McDonald Hopkins LLC;
March 12, 2014, previously published on February 28, 2014On Dec. 13, 2013 the Ohio State Medical Board (the Board) announced final regulations with respect to the process whereby Ohio physicians can terminate a physician-patient relationship. These regulations also addressed the notice of termination that a physician or a physician group must provide...
|HIPAA Covered Entities Face March 1 Deadline for Breach Reports|
James J. Giszczak, Rick L. Hindmand, Dominic A. Paluzzi, Rachel H. Yaffe; McDonald Hopkins LLC;
March 12, 2014, previously published on February 27, 2014HIPAA covered entities (healthcare providers, health plans or healthcare clearinghouses) that discovered a breach of Protected Health Information (PHI) in 2013 involving fewer than 500 individuals are required to report those breaches by March 1, 2014.
|Review of HSE Temple Report|
Withers Bergman LLP/Withers LLP;
March 11, 2014, previously published on March 4, 2014The new edition of the Temple Report, a three-yearly independent review of the function, form and governance of the Health and Safety Executive (‘HSE’), was published in January 2014 and contains helpful and interesting analysis of the functions and effectiveness of the HSE.
|To Fill or Not to Fill: Avoiding Pharmacist Liability Under the Controlled Substances Act|
Dressman Benzinger LaVelle psc;
March 11, 2014, previously published on February 2014Pharmacists should take a second (and third) look before filling prescriptions for large quantities of controlled substances. Recent criminal prosecutions demonstrate that law enforcement officials are now targeting pharmacies that fill scripts for large amounts of controlled substances. Previous...