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Documents on Health Care, Health Care, Government
 

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HTMLOxford Health Plans v. Sutter
Brian S. Rauch; Proskauer Rose LLP;
Legal Alert/Article
June 18, 2013, previously published on June 14, 2013
Arbitration 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...

 

HTMLRecently Issued Final Regulations Provide Clarification on Employee Wellness Programs
Douglass A. Marshall; Hinshaw & Culbertson LLP;
Legal Alert/Article
June 17, 2013, previously published on June 17, 2013
On 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...

 

HTMLExamining 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.;
Legal Alert/Article
June 14, 2013, previously published on June 13, 2013
In 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...

 

HTMLStriding Towards Greater Access of Clinical Trials Data and Results
David B. Clissold, James E. Valentine; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
June 14, 2013, previously published on June 13, 2013
The 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...

 

HTMLMedicare Act Signed By President Obama
Richard E. Hickey; Capehart & Scatchard, P.A.;
Legal Alert/Article
June 14, 2013
Workers' 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.

 

HTMLIRS Says PCORI Fees Are Deductible
Emily Erstling, Paul M. Hamburger; Proskauer Rose LLP;
Legal Alert/Article
June 14, 2013, previously published on June 12, 2013
As 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...

 

HTMLAMA Tells Pharmacists: “Don’t Call Us We’ll Call You”
Larry K. Houck; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
June 14, 2013, previously published on June 13, 2013
Pharmacists 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...

 

HTMLHealth Care Reform Adds to the Web of Anti-Retaliation Laws Applicable to Employers
Alex Glaser, Karleen J. Green; Phelps Dunbar LLP;
Legal Alert/Article
June 14, 2013, previously published on June 6, 2013
While 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...

 

HTMLCalifornia Cities and Counties Can Allow, Restrict, Limit or Exclude Facilities that Distribute Medical Marijuana
William K. Enger; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
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...

 

HTMLSupreme Court Asked for Further Clarity on Patent-Eligibility of Diagnostic Claims
Antoinette F. Konski; Foley & Lardner LLP;
Legal Alert/Article
June 13, 2013, previously published on June 10, 2013
Did 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....

 


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