News & Analysis as of

Physicians

New Jersey Bans and Caps Certain Manufacturer Gifts and Payments to Prescribers

by McDermott Will & Emery on

On January 16, 2018, New Jersey’s new regulations limiting gifts and payments from prescription drug and biologics manufacturers to prescribers were issued in the New Jersey Register and became effective. After receiving...more

CMS Announces an Advanced Alternative Payment Model - BPCI Advanced

by Foley & Lardner LLP on

On January 9, 2018, The Centers for Medicare & Medicaid Services (CMS) announced a new voluntary bundled payment model program – Bundled Payment for Care Improvement Advanced (BPCI Advanced). The episode payment model, which...more

Connecticut Recognizes New Cause of Action for Breach of Patient/Physician Confidentiality

by Murtha Cullina on

Based on the decision in a recent Connecticut Supreme Court case, patients may now sue physicians for breaching confidentiality. Previously, Connecticut did not recognize breach of confidentiality as a cause of action. ...more

Connecticut Supreme Court Recognizes New Cause of Action for Patient Privacy Breach

by Shipman & Goodwin LLP on

On January 16, 2018, the Connecticut Supreme Court issued a decision recognizing a common law duty of confidentiality arising from the physician-patient relationship, and the corresponding right of a patient to sue his or her...more

CT Supreme Court: Patients Have Right to Sue Physicians for Unauthorized Disclosure of Confidential Medical Records

The Connecticut Supreme Court issued an opinion yesterday recognizing a common law duty of confidentiality arising from the physician-patient relationship and establishing a new private cause of action for breach of this...more

Connecticut Supreme Court: Health Care Providers Can Be Sued For Unauthorized Disclosures Of Confidential Information

by Jackson Lewis P.C. on

Physician practices and other health care providers respond to numerous requests for confidential patient information from patients and others. Mistakes made by employees fulfilling such requests for medical records or making...more

Patients Stand To Lose if Amendment 7 Goes to Polls

Protecting Hospitals — Sacrificing Patients - Patient Access to Adverse-Incident Reports Threatened - Florida’s Constitution Revision Commission has on its 2018 agenda a proposal to amend a provision that gives parties...more

CMS Proposes New Voluntary Bundled Payment Model

by Holland & Knight LLP on

On January 9, the Centers for Medicare and Medicaid Services (CMS) announced a new voluntary bundled-payment demonstration program, also known as Bundled Payments for Care Improvement (BPCI) Advanced. The new model will test...more

New Jersey Issues Rules to Chill Drug Manufacturer Payments to Prescribers

by Hogan Lovells on

The New Jersey Attorney General plans to finalize new limits on payments and other benefits that New Jersey licensed prescribers may accept from pharmaceutical manufacturers, although the expected final rule is less...more

OIG Reaffirms Permissibility of Certain Gainsharing Arrangements

The Department of Health and Human Services Office of the Inspector General (OIG) has issued an Advisory Opinion (Opinion) in connection with a hospital’s gainsharing arrangement (Arrangement) with a designated group of...more

‘Twas the Season to Contract? A Year-End Review of Network Negotiations and Billing Disputes

As 2017 drew to a close, some health plans and healthcare providers across the country were still busy trying to finalize contracts for in-network services for 2018 and beyond. A number of negotiations made the headlines in...more

Virtual Reality in Healthcare

by Knobbe Martens on

Virtual reality is not just a growing trend in the entertainment industry, but is now reaching the healthcare field. As the technology improves and develops, the uses of virtual reality expand for doctors, students, and...more

“Risk Management Lessons From an Opioid Trial”

The use of opioid medications to treat pain is at a watershed moment in the United States. Over the past three decades, opioids have become a standard and effective component of pain management for many practitioners. They...more

Comment Deadline Approaches for CMS’s Proposed Changes to Medicare Advantage and Part D Programs for CY 2019 – Part 2: Beneficiary...

by Epstein Becker & Green on

On November 28, 2017, the Centers for Medicare & Medicaid Services (“CMS”) issued a proposed rule titled “Medicare Program; Contract Year 2019 Policy and Technical Changes to the Medicare Advantage, Medicare Cost Plan,...more

CMS Clarifies that Texting of Orders is Not Permitted

by Murtha Cullina on

On December 28, 2017, the Centers for Medicare and Medicaid Services (CMS) issued a Survey and Certification Memorandum (S&C Memo) to clarify CMS’ position that it prohibits physicians and health care providers from texting...more

To text or not to text? CMS issues guidance

by Bricker & Eckler LLP on

Over the last few years, health care providers have watched with interest as The Joint Commission wrestled with its stance on texting patient information....more

REMINDER: Annual Reporting Deadline Approaches for Connecticut Hospitals and Hospital Systems

Hospitals and hospital systems in Connecticut must file annual reports by January 15, 2018 describing (1) the activities of their group practices (e.g., medical foundations or faculty practice plans), and (2) their respective...more

Physician Certification Group Wins Dismissal of Antitrust Suit Brought By Physicians

by Mintz Levin on

A physician organization has failed to sufficiently plead that a physician certification group caused an unreasonable restraint of trade through its actions to promulgate its certification program. Last week, a district court...more

D.C. Federal District Court Clarifies that Laboratories Are Not Required to Independently Determine the Medical Necessity of Tests...

by King & Spalding on

On December 11, 2017, the United States District Court for the District of Columbia granted in part and denied in part defendant Boston Heart Diagnostics Corporation’s (Boston Heart) motion to reconsider the court’s ruling on...more

CMS Plans Educational Call on Low Volume Appeals Settlement Initiative (Jan. 9)

by Reed Smith on

On January 9, 2018, CMS is hosting a call to discuss its new low volume appeals settlement option. As previously reported, this option is available for certain Medicare fee-for-service providers, physicians, and other...more

CMS Approves Laboratory Alerts to Physicians in Rare Stark Law Advisory Opinion

The Centers for Medicare & Medicaid Services (CMS) issued a rare advisory opinion (CMS-AO-2017-1) under the Stark Law (Section 1877 of the Social Security Act, codified at 42 U.S.C. § 1395) earlier this fall, addressing a...more

Massachusetts Appeals Court Upholds Liability Insurer’s Contractual Right to Settle

by Mintz Levin on

On Tuesday, December 12, 2017, the Massachusetts Appeals Court, applying New Hampshire law, held that a professional liability insurer did not breach the implied covenant of good faith and fair dealing by settling a New...more

FTC Granted Preliminary Injunction to Block Physician Practice Acquisition

On December 13, 2017 a magistrate judge in the U.S. District Court for the District of North Dakota granted a request of the Federal Trade Commission (FTC) and North Dakota Attorney General to preliminarily enjoin Sanford...more

Alston & Bird Healthcare Week in Review

by Alston & Bird on

On December 11, 2017, the Food and Drug Administration (FDA) issued a guidance entitled, Product Name Placement, Size, and Prominence in Promotional Labeling and Advertisements. The guidance clarifies the requirements for...more

2017 Healthcare Year in Review

by Burr & Forman on

If the 2017 healthcare environment could be summed up in one word, it would be “uncertainty.” With the largely unexpected election of Donald Trump as President, the multiple, unsuccessful attempts by the Republican controlled...more

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