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Documents on Health Care, Health Care, Government
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|Oxford Health Plans v. Sutter|
Brian S. Rauch; Proskauer Rose LLP;
June 18, 2013, previously published on June 14, 2013Arbitration clauses meant to prohibit class action arbitrations, whether in employment agreements or other documents, need to be reviewed after a recent Supreme Court decision. In Oxford Health Plans v. Sutter, --- U.S. ----, No. 12-135 (June 10, 2013), the Court unanimously upheld an...
|Recently Issued Final Regulations Provide Clarification on Employee Wellness Programs|
Douglass A. Marshall; Hinshaw & Culbertson LLP;
June 17, 2013, previously published on June 17, 2013On May 29, 2013, the U.S. Department of Health and Human Services (HHS), U.S. Department of the Treasury (Treasury), and U.S. Department of Labor issued the final rule governing employee wellness programs under the Affordable Care Act (ACA). This rule is intended to provide comprehensive guidance...
|Examining Charitable Patient Assistance Programs Careful Due Diligence Yields Responsible Investment Decisions|
Joseph Hammang, PhD, Alexander Hecht; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
June 14, 2013, previously published on June 13, 2013In today’s challenging health care environment, nearly 30 million Americans suffering from various chronic and life-threatening illnesses are underinsured and have difficulty paying their out-of-pocket medical costs. Charitable Patient Assistance Programs (Charitable PAPs) have emerged over...
|Striding Towards Greater Access of Clinical Trials Data and Results|
David B. Clissold, James E. Valentine; Hyman, Phelps & McNamara, P.C.;
June 14, 2013, previously published on June 13, 2013The pendulum has been swinging: the medical research community and public health advocates want access to clinical trials data used to support marketing applications of FDA-regulated medical products. In 2007 that pendulum picked up momentum, with the enactment of Section 801 of the FDA Amendments...
|Medicare Act Signed By President Obama|
Richard E. Hickey; Capehart & Scatchard, P.A.;
June 14, 2013Workers' compensation practitioners should be aware that President Barack Obama signed the SMART Act on January 10, 2013 (H.R.1845). Just as a side, this bill was attached to a Medicare IVIG Access Bill which has nothing to do with Medicare Conditional Payments.
|IRS Says PCORI Fees Are Deductible|
Emily Erstling, Paul M. Hamburger; Proskauer Rose LLP;
June 14, 2013, previously published on June 12, 2013As employers plan for paying various health care reform fees, one question that arises is whether the fees owed are tax deductible. In particular, it has been unclear whether the fees paid pursuant the Affordable Care Act to fund the Patient-Centered Outcomes Research Institute...
|AMA Tells Pharmacists: “Don’t Call Us We’ll Call You”|
Larry K. Houck; Hyman, Phelps & McNamara, P.C.;
June 14, 2013, previously published on June 13, 2013Pharmacists are under increasing pressure to take extraordinary steps to verify prescriptions for controlled substances, especially in light of the fact that the Drug Enforcement Administration (“DEA”) has asserted that pharmacists are the gatekeepers or the “last line of...
|Health Care Reform Adds to the Web of Anti-Retaliation Laws Applicable to Employers|
Alex Glaser, Karleen J. Green; Phelps Dunbar LLP;
June 14, 2013, previously published on June 6, 2013While many employers have focused on the requirements for health coverage, they must be mindful of the new whistleblower and anti-retaliation protections established by the Patient Protection and Affordable Care Act (the "PPACA"). Section 1558 of the PPACA amends the Fair Labor Standards...
|California Cities and Counties Can Allow, Restrict, Limit or Exclude Facilities that Distribute Medical Marijuana|
William K. Enger; Wilson Elser Moskowitz Edelman & Dicker LLP;
June 13, 2013, previously published on June 6, 2013 The California Supreme Court ruled unanimously on May 6 in City of Riverside v. Inland Empire Patients Health and Wellness Center that cities and counties have the right to ban medical marijuana dispensaries within their borders, despite the existence of a state law that protects patients using the...
|Supreme Court Asked for Further Clarity on Patent-Eligibility of Diagnostic Claims|
Antoinette F. Konski; Foley & Lardner LLP;
June 13, 2013, previously published on June 10, 2013Did the Federal Circuit incorrectly interpret and apply the holding of the U.S. Supreme Court’s decision regarding patent-eligibility of medical methods as set forth in Mayo Collaborative Services v. Prometheus Laboratories, Inc., 132 S.Ct. 1289 (2012)(“Mayo“)? Intema Ltd....