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Health Updates

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

Reefer Madness: Best Practices for Managing Marijuana Use in Senior Care and Housing

Marijuana Perception and Legalization - Once upon a time, Americans viewed marijuana as a dangerous drug leading to serious addiction and crime. According to the 1936 cult classic movie Reefer Madness, “women cry for it...more

Monitoring Company to Pay $550,000 to Settle False Claims Act Allegations

by King & Spalding on

Marshfield Medical, Inc., formerly Bromedicon, Inc. (“Bromedicon”), has agreed to pay $550,000 to settle allegations under the False Claims Act (FCA)....more

No Safe Harbor for Reassigned Numbers: D.C. Circuit Unwinds 2015 FCC TCPA Ruling

by Balch & Bingham LLP on

Here, we examine the D.C. Circuit’s reversal of not simply the one-call safe harbor for reassigned numbers imposed by the FCC’s 2015 TCPA ruling but also the Commission’s treatment of reassigned numbers as a whole. ...more

District Court Denies Class Certification under Third Circuit’s New Impracticability Framework

by McDermott Will & Emery on

A district court denied class certification for a relatively small class of plaintiffs after applying the US Court of Appeals for the Third Circuit’s impracticability framework as part of a Rule 23(a) numerosity analysis....more

Ohio Physicians Permitted to Apply for Certificate to Recommend Medical Marijuana

by Benesch on

Physicians in Ohio are now permitted to apply for a Certificate to Recommend (“CTR”) medical marijuana for their patients. The State Medical Board of Ohio anticipates the medical board licensure team will present the first...more

Clinical trials: Digital technology for recruitment, consent, and data capture

by Hogan Lovells on

The conduct of clinical trials still relies heavily on the use of paper documents. Of course, electronic case report forms (eCRF) have been commonly used for many years – the medical information on a patient that is...more

Not So Fast! HIPAA (Surprisingly) Doesn’t Apply To THAT!

by Fox Rothschild LLP on

Many employers who have had it drilled into them that HIPAA applies to protected health information (PHI) of employees are often surprised to learn that the applicability of HIPAA to employee health information (EHI) is...more

2018 Telemedicine Benchmark Survey Shows Industry Trends

by Cozen O'Connor on

Each year, REACH Health publishes an industry benchmark survey that provides great insight into what telemedicine industry leaders are thinking. Its most recently published survey is no different. The 2018 survey was...more

Window On Washington - Vol. 2, Issue 11

by Clark Hill PLC on

Outlook for This Week in the Nation's Capital - Omnibus Could Be Released Today. House Republicans are scheduled to have a meeting early this evening to discuss the FY18 Omnibus bill and the text of the bill could possibly...more

Gold Dome Report - March 2018 #8

Legislators rounded third and headed for home today under the Gold Dome, completing Legislative Day 36 of 40. But even as the legislative session enters the home stretch, there remains much work to be done. After full...more

Capitol Hill Healthcare Update

by BakerHostetler on

CONGRESS WORKS TO PASS BUDGET BEFORE FRIDAY’S SHUTDOWN DEADLINE - House leaders are pushing to schedule a vote this week on a $1.3 trillion budget agreement that would give the Senate enough time to pass it before a Friday...more

FDA Approves Blood Test for Concussion

by Knobbe Martens on

The U.S. Food and Drug Administration has announced approval of Banyan Biomarkers, Inc.’s Banyan BTI (Brain Trauma Indicator) under the FDA’s De Novo premarket review pathway. According to the press release, Banyan BTI is...more

Colorado Court of Appeals Issues Needed Guidance on Physician Non-Compete Agreements

The inclusion of a non-compete agreement, or covenant not to compete, is frequently one of the most anxiety-producing issues in physician employment contracting on the part of both the physician and the employer. This has...more

Class III Hospital Permits – Efficient Drug Management May Become a Reality

At the close of the 2018 session, the Florida Legislature passed Senate Bill (SB) 675, which if allowed to become law by the Governor, will help hospitals and their facilities that are under common control manage their...more

HIMSS18: What We Learned in Vegas Doesn’t Have to Stay in Vegas

Complex. Hard. Humbling. These are the descriptors former Google CEO Eric Schmidt used last week at the HIMSS 2018 Annual Conference in Las Vegas to describe the work to be done in health information technology (HIT). ...more

473,807 Patient Records Compromised in January, 2018—83 Percent Caused by Hacking Incidents

The recently released Protenus Healthcare Breach Barometer report notes that in January, 2018, at least 473,807 patient records were compromised in 37 breaches reported to the Office for Civil Rights. ...more

Changes in Federal Enforcement Cases and the Stark Law May Benefit Health Care Providers

by Ruder Ware on

Some recent changes in federal law and in federal agency interpretation of federal law may both clarify and relieve some regulatory obligations of health care providers. Lessening Dependence on Federal Agency...more

Legal Black Holes Proliferate After Stephen Hawking’s Death – Massachusetts Allows Somewhat Limited Innovator Liability

by Reed Smith on

Stephen Hawking may have been the smartest guy in the world, even though he believed that “People who boast about their I.Q. are losers.” Hawking is best known for his work on black holes. As used in physics, a black hole...more

5 Key Takeaways on Top Surgical Specialty Investments

by McGuireWoods LLP on

The next in our series of posts sharing key takeaways from panels at the Healthcare & Life Sciences Private Equity and Lending Conference focuses on investing in surgical specialty practices. *** Investment and...more

D.C. Circuit Unwinds 2015 FCC TCPA Ruling: An Overview

by Balch & Bingham LLP on

In a watershed case, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) unwound key components of the controversial 2015 ruling by the Federal Communications Commission (FCC or Commission)...more

Employment Law This Week®: NYC’s #MeToo Legislation, Title VII & Gender Identity, False Claims Act Lawsuit, Flu Shot Policy

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Verizon Protected Health Information Data Breach Report Concludes that Insiders Are Greatest Threat to Health Care Entities

Verizon recently issued its Protected Health Information (PHI) Data Breach Report, which is always an interesting read. Not surprisingly, Verizon’s report concludes that based upon analysis of 1,360 security incidents...more

Alston & Bird Healthcare Week In Review

by Alston & Bird on

Alston & Bird’s Week in Review provides a synopsis of the latest news in health care regulations, notices, and guidance; federal legislation and Congressional committee action; reports, studies, and analyses; and other health...more

Trump and DOJ Pledge to Get Tough on Opioids

by Kelley Drye & Warren LLP on

Earlier today, President Trump delivered an opioid speech in New Hampshire in which he promised to get tough on opioid investigation and enforcement. This follows on the Department of Justice’s (“DOJ”) prior assertion that it...more

Will High Court Provide Clarity On 'Clear Evidence'?

by Morrison & Foerster LLP on

The U.S. Supreme Court may soon revisit one of its seminal decisions defining products liability law for pharmaceutical manufacturers. That decision — Wyeth v. Levine — addressed whether a branded manufacturer could be held...more

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