Health Updates

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Health Law Pulse - September 2014

In This Issue: - U.S. Court of Appeals Holds that Physicians’ Employer is Personally Liable for Costs Associated with The H- 1B Process and Obtaining a Waiver of the Two- Year Home Residency Requirement - CMS...more

Court Finds FDA Explanation of Knee Implant Reversal Lame

The FDA had approved the mesh—called the Collagen Scaffold—in December 2008. But after the change in administrations the following month, the agency decided that the approval process had been flawed and had been the focus of...more

Hobby Lobby Redux

The regulations set forth two possible approaches to defining a “qualifying closely held for-profit entity” In Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751 (2014) the Supreme Court held that the requirement to...more

EEOC Sues Alleging Employer’s “So-Called Voluntary” Wellness Plan Violated ADA

In Equal Employment Opportunity Commission v. Orion Energy Systems, Inc., filed last month, the EEOC alleged that an employer violated the ADA because the employer: (1) subjected an employee to a health risk assessment and...more

A Cautionary Tale for Companies With Potential False Claims Act Exposure

A False Claims Act suit can be a company’s worst nightmare, as it may potentially result in large settlements and awards on account of the statute’s trebled damages provision. However, the nightmare for AmerisourceBergen was...more

Legislative Update Report -- No. 2014-18 -- Sept 26, 2014

In This Article: ..Federal Government ..Alberta ..British Columbia ..Manitoba ..New Brunswick ..Newfoundland ..Northwest Territories ..Nova Scotia ..Nunavut ..Ontario ..Prince Edward...more

The Pain Drain - The Continuing Impact of Pain Management on Health-Care Providers

Over a hundred million Americans suffer from chronic pain. To combat this epidemic, health-care providers have increasingly turned to opioid analgesics. As a result, opioid analgesic use has risen dramatically over the past...more

Expect Focus - Regulators Are Watching: New Products, New Opportunities, New Risks - Volume III, Summer 2014

In This Issue: - IN THE SPOTLIGHT ..Standard CGL Policy Form Adds Data Breach Coverage Exclusion - LIFE INSURANCE ..Class Claims Against Lincoln National Barred in Section 419 Action – Again ...more

Employee Benefits Developments - September 2014

CASES - Post-Retirement Medical Benefits Under Siege. A recent spike in retiree benefit litigation is evidence of a growing interest among employers in strategies designed to contain, reduce, and eliminate the current...more

Post-Retirement Medical Benefits Under Siege

A recent spike in retiree benefit litigation is evidence of a growing interest among employers in strategies designed to contain, reduce, and eliminate the current costs and balance sheet liabilities associated with...more

Employment Flash - September 2014

In This Issue: - SEC Pays First Whistleblower Award to Audit and Compliance Professional - Supreme Court Allows Affordable Care Act Contraceptives Religious Exemption - EEOC Adopts New Pregnancy...more

Health Alert (Australia) - September 29, 2014

In This Alert: Judgments; Legislation; and Reports. Excerpt from Judgments: Western Australia - 25 September 2014 - Goh v Murdoch Eye Pty Ltd [2014] WASC 344: The plaintiff, Dr Goh, carried...more

Risks of Over-Medicating Residents and Potential Liability Under the FCA

According to the Complaint, Country Villa Watsonville East Nursing Center (now Watsonville Nursing Center) and Country Villa Watsonville West Nursing and Rehabilitation Center (now Watsonville Post-Acute Center) “persistently...more

Judge Dismisses FDA Spying Case But Not Because It’s Innocent

Earlier this week a federal judge dismissed a lawsuit by six former and current FDA scientists who allege that the FDA retaliated and spied on them for blowing the whistle on FDA approval of medical devices that put cancer...more

Identify Yourself! Deadline for Health Plan Identifiers is Fast Approaching

One of the lesser-known health plan requirements adopted by the Patient Protection and Affordable Care Act (ACA) has an initial deadline that is fast approaching, and most employers will need to take action to ensure that...more

Hospital Mergers Pave The Way For Antitrust Training

Milton Friedman, an American economist and writer once said, “I was a great supporter of antitrust laws, I thought enforcing them was one of the few desirable things that the government could do to promote more...more

China Amps Up Anti-Corruption Effort – What This Means for Your Company

Last Friday, China’s 15-month-long bribery investigation into British multinational pharmaceutical GlaksoSmithKline (GSK) ended after a one-day trial in which the court found GSK’s local subsidiary guilty of bribing doctors...more

“LoProCo”, 12,915 Complaints, and Other Lessons from OCR/NIST

12,915 complaints were reported in 2013 to the Department of Health and Human Services Office of Civil Rights (“OCR”) according to Illiana L. Peters, Senior Adviser for HIPAA Compliance and Enforcement. Cozen O’Connor...more

FDA Allowing Additional Comment Period for Draft Social Media Guidances

The Food and Drug Administration (FDA) is reopening the comment period for two draft social media guidances in response to requests for additional time to allow interested persons to submit comments. Beginning September 29,...more

Health Plans Petition the Supreme Court to Determine Whether FEHBA Preempts State Anti-Subrogation Statutes

The Federal Employees Health Benefit Act (FEHBA) governs federal employee health plans and contains a broad preemption clause comparable to the one found in ERISA.1 Despite the similarity, state and federal courts are split...more

Circuit Courts Provide Preview of Coming ACA Confrontations

The next Supreme Court battle over the Affordable Care Act is likely brewing in the circuit courts. On July 22, 2014, in Halbig v. Burwell, a divided D.C. Circuit held that the ACA does not allow the federal government to...more

Health Reform + Related Health Policy News - September 2014, Issue 1

In This Issue: - Top News ..The Congressional Agenda is Light as the Focus Shifts to the Midyear Elections ..Physician Supervision Requirement for Small and Rural Hospitals ..CMS Offers Hospitals...more

Telemedicine and the Interstate Medical Licensure Compact is Here: Will it Succeed?

After more than 18 months in the works, and with much public coverage in the telemedicine industry, the Federation of State Medical Boards (FSMB) made its Interstate Medical Licensure Compact available for review by state...more

Magnolia Personal Care Home Sued by EEOC for Pregnancy Discrimination

Assisted Living Facility Fired Employee Due to Pregnancy, Federal Agency Charges - OXFORD, Miss. - Magnolia NA, LLC, dba Magnolia Personal Care Home, an assisted living facility located in New Albany, Miss., ...more

Telemedicine: What’s Next – 2014 Provider Survey

Telemedicine is a booming sector for health care, stemming from a strong desire to improve the overall quality of care and reach new patients in new markets both around the block and around the world. The benefits of...more

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