Read Health Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
PODCAST - Inside Law - HIPAA Changes Overview by Emily Wey
GranuFlo and NaturaLyte Accused in Heart Attacks
Lawsuits Claim SSRIs Can Cause Severe Birth Defects
Hernia Patients in Pain as Skin Procedure Fails
Going on the Offense: Proactive Strategies to Reduce Uncertainty
Craft Beer Boom in Michigan
Medicaid Receiving Startlingly Little Attention As Everyone Discusses Medicare
Digital Health: Revolutionizing Healthcare
The Biggest Changes in HIPAA/HITECH Omnibus Rule & Recommended Action Steps—Ted Kobus
Hot Companies in Digital Health
Digital Health: Where is the Action for Entrepreneurs?
Corporate Law Report: Cybersecurity, CEO Social Media, New Workplace Laws, Healthcare Reform in 2013
Jennifer Abril on The Story of Fragrances
Obamacare May Be Headed Back to Supreme Court As Contraception Mandate Comes Under Fire
Supreme Court to Decide Whether or Not Human Genes Are Patentable
Election results and the Affordable Care Act – What can employers do now?
Corporate Law Report: Obamacare Deadlines, $13M for Exotic Dancer Misclassification, 2013 Medicare Taxes, More...
Will New Marijuana Laws Go Up In Smoke?
Stealth Lawyer: Tama Matsuoka Wong, Forager for Restaurant Daniel
Polsinelli Shughart Election Analysis and Legal Insight
Plan sponsors, particularly those that sponsor self-funded health plans, should review plan document provisions in light of the recent decision of the Supreme Court of the United States in US Airways, Inc. v. McCutchen. In...more
So yesterday, I made a convincing case that employees who smoke outside the workplace can’t be treated differently than your non-smokers. ...more
In two recent cases, the EEOC settled with employers who had fired workers because of positive drug tests for prescription drugs. But in states where medical marijuana is legal, can employers fire employees who test positive...more
In This Issue:
- Editor's Overview
- ERISA Preemption in Provider Misrepresentation Claims: An Overview of the Jurisprudence Leading Up to the Fifth Circuit's En Banc Review of Access Mediquip and What Lies...more
Although the Supreme Court, in a landmark decision earlier this summer, affirmed the constitutionality of the Patient Protection and Affordable Care Act (ACA), the challenges to and controversies surrounding that Act are far...more
Employers with Florida employees face certain state-specific employee benefits compliance challenges. While in general ERISA preemption will serve to minimize the number of state laws applicable to the ERISA-governed benefit...more
Originally published in InsideCounsel.com - February 20, 2012.
Delaware’s Medical Marijuana Act exemplifies the battle between state and federal marijuana laws
The age of medical marijuana has arrived. Sixteen...more
The new Michigan Health Insurance Claims Assessment Act imposes a 1-percent tax on “paid claims” for health-related services of employer-sponsored health and welfare plans.
Employer plan sponsors with...more
In a previous post in August, I questioned whether the pharmaceutical companies were losing the exemption battle as it related to pharmaceutical sales representatives and the outside sales exemption. The Supreme Court had...more
The Supreme Court announced on Monday, November 14, 2011 that it will hear challenges to the Patient Protection and Affordable Care Act (PPACA). President Obama signed PPACA on March 23, 2010, and legal challenges to the...more
In This Issue:
A Look Ahead: Four Trends Healthcare Employers Should Continue to Watch By A. Kevin Troutman (Houston)
With the year drawing to a close, this is a good time to examine four significant trends in...more
When pharmacists actively obstruct access to birth control, what are the appropriate legal measures to take in protecting the patient's rights to basic health care while respecting a pharmacist's rights to free speech? This...more
The Ninth Circuit U.S. Court of Appeals (Alaska, Arizona, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington) has added another chapter in the saga of whether pharmaceutical sales representatives (PSRs) qualify for the...more
Medical-marijuana laws present employers with a unique dilemma regarding how they handle employees or applicants who test positive for illegal drug use as compared to how they handle persons who test positive for prescribed...more
In Marin General Hospital v. Modesto & Empire Traction Co., ___ F.3d. ___, 2009 WL 2882832 (9th Cir. 2009), the Ninth Circuit Court of Appeals considered whether section 502(a)(1)(B) of ERISA completely preempted state-law...more
On March 9, 2009, the Ninth Circuit denied a petition for en banc review of Golden Gate Restaurant Ass’n v. City and County of San Francisco, 546 F.3d 639 (9th Cir. 2008) wherein the Court of Appeals found that a San...more
IN THIS ISSUE:
*Ninth Circuit Holds that RLA Does not Pre-empt Employees' State Law Claims
*NMB Finds Delta and Northwest Operate as Single Transportation System
*House Passes Airline Flight Crew Technical Corrections...more
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