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|Pot Luck - Best Practices for NY & NJ Employers Addressing Medical Marijuana Use in the Workplace|
Grace A. Byrd, Charles H. Kaplan, Galit Kierkut, David I. Rosen; Sills Cummis & Gross P.C.;
July 31, 2014, previously published on July 2014Approximately 18 years after California passed the first state medical marijuana law in 1996, 23 states and Washington D.C. now have enacted medical marijuana statutes. After years of failed attempts, on July 7, 2014 Governor Andrew Cuomo signed into law the Compassionate Care Act (“NY...
|Federal Government Report Summarizes Health Care Privacy Compliance Efforts|
Margaret Young Levi; Wyatt, Tarrant & Combs, LLP;
July 31, 2014, previously published on July 29, 2014The U.S. Department of Health and Human Services, Office for Civil Rights (OCR) has issued two reports to Congress required by Section 13402(i) of the Health Information Technology for Economic and Clinical Health (HITECH) Act:
|Two Ohio Bills Impose New Requirements on Prescribers of Opioids|
Gregory W. Bee, Rhonda B. Schechter; Taft Stettinius & Hollister LLP;
July 31, 2014, previously published on July 31, 2014In mid-June, Governor Kasich signed into law two bills that impose new requirements on prescribers of opioids in Ohio. Ohio House Bill 314 (“HB 314”), which will become effective on Sept. 17, 2014, requires prescribers to follow specific informed consent procedures before prescribing...
|Massachusetts Bans Physician Self Referral to Clinical Labs; Healthfirst Case May Help Clarify 60-Day Rule|
Leslie J. Levinson, Michaela ("Kayla") Tabela; Edwards Wildman Palmer LLP;
July 31, 2014, previously published on July 2014Massachusetts physicians can no longer refer Medicaid and private pay patients to clinical laboratories in which they or a family member have a direct or indirect ownership interest. The provision was included in the commonwealth’s 2015 budget bill. Governor Deval Patrick signed the budget on...
|OIG Sticks It to Physician Specimen Collectors|
Douglas S. Griswold; Chambliss, Bahner & Stophel, P.C.;
July 31, 2014, previously published on July 14, 2014On June 25, the U.S. Department of Health & Human Services, Office of the Inspector General ("OIG") issued a Special Fraud Alert updating the previous guidelines concerning compensation by clinical laboratories to referring physicians and physician groups. The Special Fraud Alert...
|CMS Publishes Proposed Rule Revising Physician Fee Schedule|
Chris M. Morrison; GrayRobinson, P.A.;
July 30, 2014, previously published on July 29, 2014On July 11, 2014, the Centers for Medicare and Medicaid Services ("CMS") published in the Federal Register a proposed rule revising the Medicare physician fee schedule ("PFS") and other Medicare Part B payment policies. These changes would be applicable to services furnished on...
|ACA Subsidies in Federal Exchange Threatened|
Dentons Canada LLP;
July 30, 2014, previously published on July 23, 2014 On Tuesday, July 22, in Halbig v. Burwell, the US Court of Appeals for the DC Circuit invalidated an Internal Revenue Service (IRS) regulation that provides premium tax credit subsidies for individuals obtaining health insurance coverage through the federal exchange. The IRS regulation offers...
|Texas Supreme Court Holds That Requirement to Provide Evidence of Approximate Dose Applies to Mesothelioma Cases as Well as Asbestosis Cases|
Sean Higgins; Wilson Elser Moskowitz Edelman & Dicker LLP;
July 29, 2014, previously published on July 22, 2014On July 12, 2014, in Bostic v. Georgia Pacific Corp., No. 10-0775, a six-justice majority of the Texas Supreme Court issued a major decision on causation in asbestos cases. The Court held that the requirement to provide evidence of approximate dose announced in Borg Warner v. Flores, 232 S.W.3d 765...
|The Affordable Care Act—Countdown to Compliance for Employers, Week 22: Charting the Future of the Premium Subsidies (and Employer Penalties): Halbig v. Burwell and King v. Burwell|
Roy M. Albert, Alden J. Bianchi, Stephen M. Weiner; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 29, 2014, previously published on July 28, 2014On July 22, 2014, two federal appellate courts issued conflicting decisions, within hours of each other, regarding the IRS final rule published on May 23, 2012 (the “IRS Rule”), intended to implement the exchange-related tax credit provisions of the Affordable Care Act...
|New Kentucky Data Breach Rules Go into Effect|
Margaret Young Levi; Wyatt, Tarrant & Combs, LLP;
July 28, 2014, previously published on July 15, 2014In its most recent legislative session, the Kentucky General Assembly enacted two new data breach laws, HB 5 and HB 232, which go into effect July 15, 2014. Kentucky governmental agencies, those doing business with governmental agencies, and persons simply doing business in Kentucky should be aware...