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ML Strategies Posts Weekly Health Care Update on July 28, 2014
August 1, 2014 | Blog | By Theresa Carnegie
ML Strategies has posted its weekly Health Care Update. This publication provides timely information on implementation of the Affordable Care Act, Congressional initiatives affecting the health care industry, and federal and state health regulatory developments.
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Keep the Benefit of the Bargain - Reps and Warranties Survival in Healthcare Deals
July 28, 2014 | Blog
In recent healthcare mergers and acquisitions, we have seen the parties increasingly focus on the survival length of the representations and warranties in the purchase agreements.
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Charting the Future of Premium Subsidies under the Affordable Care Act: Halbig v. Burwell and King v. Burwell
July 24, 2014 | Blog | By Roy Albert
On July 22nd, 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 (“ACA” or the “Act”).
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ML Strategies Posts Weekly Health Care Update on July 21, 2014
July 22, 2014 | Blog | By Theresa Carnegie
ML Strategies has posted its weekly Health Care Update. This publication provides timely information on implementation of the Affordable Care Act, Congressional initiatives affecting the health care industry, and federal and state health regulatory developments.
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New Massachusetts Law Targets Self-Referrals of Clinical Laboratory Services
July 18, 2014 | Blog | By Karen Lovitch, Samantha Kingsbury
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.
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ML Strategies Posts Weekly Health Care Update on July 14, 2014
July 15, 2014 | Blog | By Theresa Carnegie
ML Strategies has posted its weekly Health Care Update. This publication provides timely information on implementation of the Affordable Care Act, Congressional initiatives affecting the health care industry, and federal and state health regulatory developments.
Read more
Corporate Practice of Medicine: An Old Doctrine Breathing New Life
July 15, 2014 | Blog | By Theresa Carnegie
Many states prohibit or limit the corporate practice of medicine (CPOM), either through statute or common law. These states generally bar a business corporation from practicing medicine or employing a physician to provide professional medical services.
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CMS Proposes Changes to Sunshine Act Reporting
July 9, 2014 | Blog
Drug and device manufacturers breathing a sigh of relief after completing their 2013 data submissions under the Physician Payment Sunshine Act (the “Sunshine Act’) must now contend with four proposed changes to the Sunshine Act regulations.
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New York Enacts Out-Of-Network Transparency and Coverage Reform
July 8, 2014 | Blog | By Theresa Carnegie
Last month, a woman sued a health plan, claiming that she was intentionally misled about which physicians were participating providers in the company’s online health insurance exchange established under the Affordable Care Act.
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New Connecticut Pharmacy Rewards Disclosure Bill Took Effect July 1
July 2, 2014 | Blog
On June 12th, Connecticut governor Dannel P. Malloy signed into law "An Act Concerning Pharmacy Rewards Programs And Protected Health Information". The law went into effect July 1st, and applies to pharmacy retailers in the state of Connecticut.
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ML Strategies Posts Weekly Health Care Update on June 30, 2014
July 1, 2014 | Blog | By Theresa Carnegie
ML Strategies has posted its weekly Health Care Update. This publication provides timely information on implementation of the Affordable Care Act, Congressional initiatives affecting the health care industry, and federal and state health regulatory developments.
Read more
Supreme Court: Closely-Held Corporations Are Protected by the Religious Freedom Restoration Act - Who Will Foot the Bill?
July 1, 2014 | Blog | By Theresa Carnegie
Yesterday morning, the U.S. Supreme Court announced its decision in the much anticipated Burwell v. Hobby Lobby case, holding that closely-held corporations are protected by the Religious Freedom Restoration Act of 1993 (“RFRA”), and therefore cannot be required to pay for employee health plans that cover contraceptives if the corporation’s owners have religious objections.
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OCR Confirms that Medical Records Should Not be Left in the Driveway
June 25, 2014 | Blog | By Theresa Carnegie
The most recent Office for Civil Rights (OCR) HIPAA enforcement action serves as an important reminder to health care providers of the security risks associated with a mishandled medical records custody transfer and the risks of leaving paper records in the driveway.
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ML Strategies Posts Weekly Health Care Update on June 23, 2014
June 25, 2014 | Blog | By Theresa Carnegie
ML Strategies has posted its weekly Health Care Update. This publication provides timely information on implementation of the Affordable Care Act, Congressional initiatives affecting the health care industry, and federal and state health regulatory developments.
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Can a Relator Be Held Liable for Using Confidential Company Documents to Support a Qui Tam Case?
June 24, 2014 | Blog | By Samantha Kingsbury, Karen Lovitch
Last week, the U.S. District Court for the Eastern District of Pennsylvania issued a decision in Walsh et al. v. Amerisource Bergen Corp. et al denying the Relator’s motion to dismiss a counterclaim that alleged the Relator breached a confidentiality agreement by filing the underlying qui tam case.
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Five Lessons from OCR's Reports to Congress on Breaches and HIPAA Rules Compliance
June 20, 2014 | Blog
Last week the HHS Office of Civil Rights (OCR) released two reports required by the Health Information Technology for Economic and Clinical Health (HITECH) Act: (i) the Annual Report to Congress on Breaches of Unsecured Protected Information (Breach Report); and (ii) the Annual Report to Congress on HIPAA Privacy, Security, and Breach Notification Rule Compliance (Compliance Report).
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ML Strategies Posts Weekly Health Care Update on June 16, 2014
June 19, 2014 | Blog | By Theresa Carnegie
ML Strategies has posted its weekly Health Care Update. This publication provides timely information on implementation of the Affordable Care Act, Congressional initiatives affecting the health care industry, and federal and state health regulatory developments.
Read more
The AMA Adopts New Telemedicine Guiding Principles
June 18, 2014 | Blog | By Karen Lovitch
Last week, the American Medical Association (AMA) released new guiding principles on the provision of telemedicine services. The AMA’s guiding principles come on the heels of the Federation of State Medical Board’s (FSMB) adoption of its new model telemedicine guidelines and largely echoes the state boards’ views with a few notable exceptions.
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HRSA “Interprets” Its Enjoined 340 Orphan Drug Rule into Effect
June 18, 2014 | Blog | By Karen Lovitch
In January, I predicted that 2014 would be a game-changer for the 340B Drug Discount Program, in part because of HRSA’s announcement that, in June 2014, it would for the first time publish an omnibus rule governing 340B Program operations.
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The ONC’s Health IT Vision Plan: A Building Under Construction
June 13, 2014 | Blog
The HHS Office of the National Coordinator (ONC) released its report “Connecting Health and Care for the Nation: A 10-Year Vision to Achieve an Interoperable Health IT Infrastructure” (the “Vision Plan”) last week to help refocus stakeholders on HHS's goals for the use of health IT in the U.S. health care system.
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Viewpoint Editors
Karen S. Lovitch
Chair, Health Law Practice & Co-Chair, Health Care Enforcement Defense Practice
Joanne S. Hawana
Member
Rachel E. Yount
Of Counsel
Pat G. Ouellette
Associate
Stephnie A. John
Associate
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