July 28, 2014

Health Care, Medicare, ACA, HIPPA & OIG Law News

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The National Law Review is a free resource of health care legal articles addressing regulatory developments, contractual obligations and disputes for both profit and not for profit health care organizations. Legal topics include:

• Litigation, regulatory actions and arbitration and mediations involving: pharmaceutical companies, health and hospital systems, physician groups, licensed ambulatory care facilities, hospices, home health care providers and managed care arrangements including IPA's, PHO's, HMO's, MSO's and other entities

• Emerging regulatory issues and enforcement involving: the Patient Protection and Affordable Care Act “PPACA”, Office of Inspector General "OIG" actions, the extended reach of Office of the Federal Contract Compliance Programs “OFCCP” and increased antitrust scrutiny of healthcare organizations

• Medical compliance, communications and privacy issues such as: Telemedicine / Telehealth Standards, HIPAA, Genetic Information Non Discrimination Act “GINA”, Unbranded Websites, Stark Self-Disclosures, Red Flag and Health Information Technology for Economic and Clinical Health “HITECH” Rules impacting electronic health record “EHR” technology

Details of actions by state and local governments, and by other governmental agencies as well as mediation and arbitration and civil actions from across the U.S. are added daily.

Title Organization Date Postedsort icon
The FDA’s Informed Consent Draft Guidance: Insights and Challenges for IRBs, Clinical Investigators and Sponsors Drinker Biddle & Reath LLP 7/25/2014
NLRB Continues to Apply and Expand Specialty Healthcare Jackson Lewis P.C. 7/25/2014
IRS Releases Affordable Care Act (ACA) Reporting Forms Covington & Burling LLP 7/25/2014
Conflicting Rulings on Health Insurance Subsidies Raise Concerns Among Insurers and Providers Armstrong Teasdale 7/25/2014
Nursing Facility Survey Trends Directed Plans of Correction, Privacy Violations and FTag 520 Quality Assurance Committee Citations Poyner Spruill LLP 7/25/2014
Wisconsin Supreme Court Affirms Limited Scope of Wisconsin Health Care Worker Protection Act Godfrey & Kahn S.C. 7/25/2014
North Carolina Medicare Part C Update: Co-Insurance Payments Poyner Spruill LLP 7/25/2014
Hospitals File Lawsuit Over Medicare Administrative Law Judge Hearings Delays Poyner Spruill LLP 7/24/2014
Recent FDA Draft Guidance Addresses Social Media Challenges Faced by Drug and Device Companies Drinker Biddle & Reath LLP 7/24/2014
Update: CMS Issues Revised Guidance on Hospice & Part D Prior Authorization Process McBrayer, McGinnis, Leslie and Kirkland, PLLC 7/24/2014
China Releases New Notification Procedures for Class I Medical Devices Covington & Burling LLP 7/24/2014
U.S. Appeals Courts Issue Conflicting Decisions on Whether ACA Permits Tax Subsidies of Health Care Coverage Purchased Through Federal Exchanges McDermott Will & Emery 7/24/2014
Weekly North Carolina Legislative Update for July 23, 2014 Womble Carlyle Sandridge & Rice, PLLC 7/24/2014
OSHA Issues Warning about Heat Illness Jackson Lewis P.C. 7/24/2014
Charting the Future of Premium Subsidies under the Affordable Care Act: Halbig v. Burwell and King v. Burwell Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. 7/24/2014
Halbig and King and The Struggle of Two Federal Appeals Courts to Find Meaning in Words That May or May Not Be in the ACA: Of Mice and Elephants Proskauer Rose LLP 7/24/2014
Key Component of Affordable Care Act Might Be Invalid Covington & Burling LLP 7/24/2014
U.S. Supreme Court to Hear Pregnancy Accommodation Case In Its Fall Term Barnes & Thornburg LLP 7/23/2014
EEOC Expands Reach of Pregnancy Discrimination Act Michael Best & Friedrich LLP 7/23/2014
Circuit Split Creates Uncertainty Over Affordable Care Act Subsidies Michael Best & Friedrich LLP 7/23/2014
Alabama Hospital System and Physician Group To Pay U.S. Government $24.5 Million in Settlement of Qui Tam Medicare Fraud Case; Whistleblower Rewarded $4.41 Million Tycko & Zavareei LLP 7/23/2014
Dueling Decisions in the 4th and D.C. Circuit Courts of Appeals Spell More ACA Uncertainty for Employers Jackson Lewis P.C. 7/23/2014
Illinois Legislature Approves Medical Marijuana for Epileptic Adults and Children Heyl, Royster, Voelker & Allen, P.C. 7/23/2014
Health Care Law Update - July 21, 2014 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. 7/22/2014
Medical Device Update: FDA Medical Device Guidances Issued in 2014’s Second Quarter Morgan, Lewis & Bockius LLP 7/22/2014
Health Plans Have an Extra Year to Prepare for ICD-10—And They Might Need It Covington & Burling LLP 7/22/2014
Energy & Environmental Law Update - July 21, 2014 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. 7/22/2014
Cal-OSHA Turns Down the Heat - Occupational Safety and Health Administration Jackson Lewis P.C. 7/22/2014
FDA Issues Draft Guidance on Communications Over Internet and Social Media Platforms McDermott Will & Emery 7/22/2014
Labs & Referring Physicians Take Note of Office of Inspector General (OIG)’s Special Fraud Alert McBrayer, McGinnis, Leslie and Kirkland, PLLC 7/22/2014
The Affordable Care Act—Countdown to Compliance for Employers, Week 23: The Impact of Employment Contract Terms on Variable Hour Employee Status Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. 7/21/2014
Yes, a Person Can be Criminally Prosecuted for Violating HIPAA - Health Insurance Portability and Accountability Act Jackson Lewis P.C. 7/21/2014
Taking Care of Our Caretakers U.S. Department of Labor 7/20/2014
Nuvasive, Inc. v. Warsaw Orthopedic, Inc., Final Written Decision (FWD) Drinker Biddle & Reath LLP 7/18/2014
North Carolina's Legislative Hostage -Taking / Legislative Update 7/18/2014 Womble Carlyle Sandridge & Rice, PLLC 7/18/2014
China's Legislature Releases Draft Food Safety Law for Public Comment Covington & Burling LLP 7/18/2014
New Massachusetts Law Targets Self-Referrals of Clinical Laboratory Services Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. 7/18/2014
Food and Drug Administration (FDA) Releases Draft Guidance on Benefit and Risk Analysis for 510(k)s Barnes & Thornburg LLP 7/18/2014
Getting Ready for 2015: How Government Contractors, Health Care Reform, and the Family Medical Leave Act Intersect Jackson Lewis P.C. 7/18/2014
Peer Review Is Not Always Privileged Dickinson Wright PLLC 7/17/2014
Centers for Medicare Service (CMS) Proposes Update to 2015 Home Health Prospective Payment System for Comment McDermott Will & Emery 7/17/2014
Tennessee Attorney General States That Physical Therapists Cannot Perform Trigger-Point Dry Needling Dickinson Wright PLLC 7/17/2014
Equal Employment Opportunity Commission (EEOC) Issues New Guidance on Pregnancy Benefits Covington & Burling LLP 7/17/2014
Health and Human Services (HHS) Heat Initiative Continues Fraud Crackdown Dickinson Wright PLLC 7/17/2014
FDA Issues Draft Guidance on Benefit-Risk Considerations Covington & Burling LLP 7/17/2014
New EEOC Guidance – Pregnant Employees May Now Be Entitled To Accommodations Barnes & Thornburg LLP 7/16/2014
Even in Privacy Cases, Risk of Injury Does not Always Equal Injury Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. 7/16/2014
Teaching Hospitals and Physicians Must Take Action Now to Correct Erroneous Reports about them Submitted Under the Sunshine Act Drinker Biddle & Reath LLP 7/16/2014
Health Plans Must Certify Ability to Conduct Electronic Transactions Covington & Burling LLP 7/15/2014
New Law Affecting Advanced Practice Registered Nurse (APRNs) Takes Effect Today McBrayer, McGinnis, Leslie and Kirkland, PLLC 7/15/2014

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