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HTMLCourts Differ on Healthcare Reform
Mark L. Mattioli; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 26, 2014, previously published on July 23, 2014
Yesterday, two separate courts of appeals rendered contrary decisions on whether the subsidy provision of the Affordable Care Act (ACA) applies in states that have opted not to run their own insurance exchanges. Cur­rently, only 14 states have established their own exchanges, while 36 states,...

 

HTMLAppellate Courts Split on Validity of Key ACA Regulation
R. Michael Scarano; Foley & Lardner LLP;
Legal Alert/Article
July 26, 2014, previously published on July 24, 2014
In two important decisions issued July 22, 2014, both addressing the validity of a key regulation promulgated under the Patient Protection and Affordable Care Act (ACA), two federal appeals courts reached opposite conclusions, possibly setting the stage for another ACA showdown in the Supreme...

 

HTMLHRSA Issues Interpretive Rule on 340B Drug Pricing Program
Elizabeth S. Elson, Claire N. Marblestone, Anil Shankar; Foley & Lardner LLP;
Legal Alert/Article
July 25, 2014, previously published on July 23, 2014
On July 21, 2014, the Health Resource and Services Administration (HRSA) within the U.S. Department of Health and Human Services (HHS) issued a new interpretive rule addressing the treatment of orphan drugs by certain hospital covered entities participating in the 340B Drug Pricing Program (340B...

 

Adobe PDFOIG Reverses Position on EHR Referral Fees
Laurel E. Baum, Jennifer R. Bolster, Raymond R. D'Agostino, Catherine A. Diviney, Meghan S. Gaffey; Hancock Estabrook, LLP;
Legal Alert/Article
July 25, 2014, previously published on July 2014
In Advisory Opinion No. (“Op. No.”) 14-03, OIG reversed an earlier opinion allowing EHR vendors to provide a fee discount for laboratory test referrals sent between physicians and laboratories that participated in the EHR vendor’s network (i.e. “in-network” referrals)....

 

HTMLWill There Be Tax Credit Subsidies for Health Coverage Purchased on the Federal
Thora A. Johnson, Elizabeth C. Keenan, Ralph S. Tyler; Venable LLP;
Legal Alert/Article
July 25, 2014, previously published on July 23, 2014
There is no letup in the intensity of the litigation wars surrounding the Affordable Care Act (ACA) or in the significance of the matters at issue. In 2012, the Supreme Court narrowly upheld the ACA in the face of a full-scale attack while invalidating the ACA's Medicaid expansion requirements. A...

 

HTMLCircuits Split Over Legality of IRS Rule Mandating Tax Credits for Individuals Covered Through Federal Exchanges under the Affordable Care Act
Robert P. Charrow, Danielle F. White; Greenberg Traurig, LLP;
Legal Alert/Article
July 24, 2014, previously published on July 22, 2014
Today, the U.S. Court of Appeals for the D.C. Circuit, in a 2-to-1 decision, written by Judge Griffith, overturned Internal Revenue Service (IRS) regulations issued under the Affordable Care Act (ACA) requiring tax credits be made available to otherwise eligible individuals who purchase health...

 

HTMLThe Growth of Telemedicine Means More Alternatives for Patients
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
July 23, 2014, previously published on July 17, 2014
On Monday, the Washington Post published an article about the growth of online care in the Washington, D.C. region. The slow but steady expansion of the use of telemedicine is enhanced by guidance from a number of state medical boards calling for providers to use the same standard of care in...

 

HTMLNew Massachusetts Law Targets Self-Referrals of Clinical Laboratory Services
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
July 23, 2014, previously published on July 18, 2014
The Fiscal Year 2015 budget for the Commonwealth of Massachusetts, which was signed into law earlier in the week, included a broad prohibition on clinical laboratory self-referrals. This legislation (the “Bill”) originally proposed by the Attorney General’s office was intended to...

 

Adobe PDFUpdated Model Cobra Continuation Coverage Election Notice
Lamb Barnosky LLP;
Legal Alert/Article
July 22, 2014, previously published on July 9, 2014
The U.S. Department of Labor recently issued an updated Model COBRA Continuation Coverage Election Notice (a copy is attached to this memo and available at http://www.dol.gov/ebsa/COBRA.html). The Updated Notice must be provided to COBRA qualified beneficiaries within 14 calendar days after the...

 

HTMLThe Affordable Care Act—Countdown to Compliance for Employers, Week 23: The Impact of Employment Contract Terms on Variable Hour Employee Status
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 22, 2014, previously published on July 20, 2014
For applicable large employers (i.e., employers who employed at least 50 full-time and full-time equivalent employees on business days during the preceding calendar year) endeavoring to comply with the Affordable Care Act’s employer shared responsibility rules, determining an employee’s...

 


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