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Read need-to-know updates, commentary, and analysis on Education issues written by leading professionals.

Congressional Preview - Fall 2017

Summer isn’t quite over yet, but the August recess is coming to an end and Congress returns next week to resume work on a number of outstanding issues, as the Trump Administration continues to aggressively implement the...more

FY2018 Massachusetts Budget Update: House Ways and Means Budget

On Monday, April 10th, the House Ways and Means Committee proposed a $40.3 billion budget for FY2018 that calls for increasing spending by 3.8 percent, or about $1.47 billion, above FY2017 levels. The spending increase is...more

Perspectives for the Professions: Case Summary: Third Party Accreditation

by Field Law on

B.C. College of Optics Inc. v. The College of Opticians of British Columbia, 2016 BCCA 85, allowing an appeal of the lower Court’s finding that the regulator could not require a third-party assessment of a training program as...more

Perspectives for the Professions - January 2017: Case Summary: Test for Interim Conditions

by Field Law on

Scott v. College of Massage Therapists of BC, 2016 BCCA 180, allowing an appeal of the lower Court’s decision to quash an interim condition on practice. A massage therapist was the subject of a complaint that he had...more

Top Ten Things To Know About Florida's Amendment 2

The Basics: Amendment 2 is a voter-initiated constitutional amendment legalizing medical marijuana possession and use. Amendment 2 establishes a caregiver-patient system for medical marijuana distribution. Caregivers must be...more

Prohibition on Pharmacy Inducements Beyond College of Pharmacists’ Authority

by Field Law on

In Sobeys West Inc v. Alberta College of Pharmacists, 2016 ABQB 232, the Alberta Court of Queen’s Bench held that amendments to the College of Pharmacists’ Codes of Ethics and Standards of Practice prohibiting inducements to...more

Standard of Review in Discipline Matter

by Field Law on

Professional Conduct Committee of the Saskatchewan College of Paramedics v. Bodnarchuk, 2015 SKCA 81, reinstating a decision of the College Discipline Committee. A paramedic was disciplined by a Discipline Committee of...more

Privacy and Security Guidance: Cloud Computing in the MUSH Sector

by Dentons on

I. Purpose of this Guidance Document and How to Apply - This document is intended to be used by decision makers in the MUSH Sector when considering using cloud services....more

CMS Refuses to Count Family Practice Residents Who Train in Family Practice Settings

by Faegre Baker Daniels on

Last Friday Eastern Maine Medical Center sued Health & Human Services over the way CMS counted the number of residents in its graduate medical education program. According to the complaint, CMS refuses to count some of the...more

Food and Beverage News and Trends - Food and Beverage Alert (US): September 2014

by DLA Piper on

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Poll indicates strong support by parents for school lunch standards. On...more

Federal Regulatory Agenda Update - June 2014

Federal regulatory activity is at an all-time high, with more than 3,700 regulations in just the past year. This has caused the Code of Federal Regulations to grow to 238 volumes with nearly 175,000 pages – 4,000 of which...more

Recent Cases of Interest to Regulators

by Field Law on

Off Duty Conduct - Fountain v. British Columbia College of Teachers, 2013 BCSC 773 (British Columbia Supreme Court) - Fountain, a teacher, fired a shot from a rifle over the heads of his sons in the aftermath of...more

Next Accreditation System – Interview with Andy Roth, Member, Mintz Levin

by Mintz Levin on

Attorney Andy Roth, Member of Mintz Levin's Health Law Practice, explains the changes to the ACGME’s accreditation methodology with the adoption of the Next Accreditation System (NAS). ...more

A Reduction in the Utility of Civil Investigative Demands and the Interpretive Narrowing of "Person" under the False Claims Act

by Womble Bond Dickinson on

Executive Summary: False Claims Act actions against government contractors are on the rise. But two recent decisions offer potential limitations to false claims exposure, and may aid defendants in future FCA litigation....more

Program Director and Therapist Convicted In $205M Mental Healthcare Fraud

by Akerman LLP on

Just over two years after the raid on the Miami headquarters of mental healthcare chain American Therapeutic Corporation (American Therapeutic), a former program director and therapist in the Ft. Lauderdale office of the...more

Wheaton College v. Sebelius and Belmont Abbey College v. Sebelius

Brief Of Amici Curiae Center For Constitutional Jurisprudence, American Civil Rights Union, And CATO Institute In Support Of...

by Cato Institute on

In January, when the Department of Health and Human Services announced that qualifying health insurance plans under Obamacare would have to cover contraceptives and "morning after" pills, many religious institutions — most...more

Sports Law -- Oct 01, 2012: California Passes the Nation's First Ever "Student-Athlete Bill of Rights"

Athletes enrolled in California's four-year institutions of higher education, public or private, will be protected by a first-in-the-nation law signed by Governor Jerry Brown last week. The Student-Athlete Bill of Rights,...more

Massachusetts "Gift Ban" Law: Emergency Regulations Implement Partial Repeal

by Ropes & Gray LLP on

On September 19, 2012, the Massachusetts Department of Public Health (“DPH”) amended the Pharmaceutical and Medical Device Manufacturer Code of Conduct regulations (the “Code of Conduct”). The amended regulations modify the...more

Massachusetts DPH Proposes Amendments to Regulations to Implement Gift Ban Law Changes

On September 19th, the Massachusetts Department of Public Health (“DPH”) published emergency amendments to its regulations, 105 CMR 970.000 et seq. (“Proposed Regulations”), designed to implement recent changes to the...more

Update: Massachusetts Amends 105 C.M.R. 970.000 “Gift Ban” Law

by Morgan Lewis on

Amendments allow for more relaxed rules regarding the provision of modest meals and refreshments for educational interactions, require new quarterly reporting, provide a sunset date on certain provisions in anticipation of...more

Medicare Audit Challenges to Paying Nursing and Allied Health Program Pass-Through Costs

by McDermott Will & Emery on

The Medicare program shares in the costs for approved nursing and allied health education programs operated by hospitals, a matter which has become a recent focus in Medicare audits of hospitals operating such programs....more

Proof of Pertussis (Whooping Cough) Booster Required for Students Entering Sixth and Ninth Grades

by Franczek Radelet P.C. on

The Illinois Department of Public Health has announced that beginning in the 2012-2013 school year, students entering grades six and nine need to show proof of receiving the Tdap vaccine (in addition to having received a...more

Payment Matters: CMS's Non-Hospital Training Rules Again Upheld

by Baker Donelson on

In the recently decided case University Med. Ctr., Inc. v. Sebelius [PDF], the U.S. District Court for the District of Columbia upheld CMS policies regarding nonhospital training agreements as those policies were applied in...more

ACGME Announces its Next Accreditation System

On February 22, 2012, the Accreditation Council for Graduate Medical Education (ACGME) announced the roll-out of its “Next Accreditation System” (NAS) for all graduate medical education (residency and fellowship) programs...more

Payment Matters: CMS Instructs Teaching Hospitals on Reporting FICA Tax Refunds for Medical Residents

by Baker Donelson on

On March 10, 2010, the IRS determined that medical residents are exempt from FICA taxes based on the student exception, for tax periods ending before April 1, 2005. Although the refunds apply to tax periods ending before...more

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