News & Analysis as of

Physicians

Medical Marijuana Goes On Sale at Pennsylvania Dispensaries This Week

As you may recall, we wrote late last month that Pennsylvania’s first licensed medical marijuana dispensary opened in the Lehigh Valley and expected to have products for sale by February or March of 2018. In the following...more

Top 5 Ways Telehealth Will Change Under the New Federal Funding Bill

by Foley & Lardner LLP on

The telemedicine industry has been abuzz upon learning that provider-friendly legislation was included in the new federal Bipartisan Budget Act of 2018, signed into law by the President on February 9, 2018. But telehealth...more

How Physicians Can Plan For The New 20% Deduction For Qualified Business Income From Pass Through Entities

by Murtha Cullina on

On December 22, 2017, President Trump signed the "Tax Cuts and Jobs Act" into law. Effective as of January 1, 2018, the Act represents the most sweeping changes to the US tax code in the last 30 years. While the most...more

Medicare’s New Remote Patient Monitoring Reimbursement: What Providers Need to Know

by Foley & Lardner LLP on

The new year continues to offer big opportunities for telemedicine and digital health companies, and one of the most notable developments is CMS’ decision to reimburse providers for remote patient monitoring (RPM). Effective...more

Bipartisan Budget Act of 2018 Includes Significant Changes in Medicare, Other Federal Health Programs

by McDermott Will & Emery on

On February 9, 2018 after a brief shutdown, Congress passed and President Trump signed the Bipartisan Budget Act of 2018, a two-year budget agreement that includes funding for the operation of the federal government until...more

Congress Makes Key Changes to Medicare Physician Payment Programs as Part of Short-Term Government Funding Bill

• Congress amended current law to prevent CMS from applying the “MIPS” payment adjustment to separately billed items like drugs and biologics, which will drastically reduce the total amount of payment adjustments to clinical...more

Significant New York Drug and Device 2017 Product Liability Decisions

by Harris Beach PLLC on

To prepare the best product liability defense for pharmaceuticals and medical devices as well as anticipate and strategically plan for future challenges in the medical and life sciences legal world, it is often helpful to...more

Illinois Nursing Act Changed To Benefit Advanced Practice Nurses

by Roetzel & Andress on

Effective January 1, 2018, Governor Bruce Rauner signed into law certain amendments to the Illinois Nurse Practice Act (the “Act”). Of particular note are changes relating to Advanced Practice Nurses (“APNs”). The most...more

Government data mining leads to more aggressive investigations

by Hogan Lovells on

The government is leveraging its access to big data in order to aggressively pursue healthcare investigations. Maria Durant and Gejaa Gobena, partners in our Boston and Washington, D.C. offices, discuss the steps life...more

A Primer On Telemedicine And The Workplace

by Fisher Phillips on

Most people probably do not enjoy sitting in a doctor’s reception area with other coughing and sneezing people while waiting for an appointment, or devoting hours to getting a prescription refilled. The concept of...more

House, Senate Proposals to Extend Funding for the Federal Government

by Holland & Knight LLP on

Congress moved one step closer to avoiding a government shutdown on Feb. 6, voting overwhelmingly (245-182) to pass a short-term, GOP-backed government funding bill (text; section-by-section) that would keep the federal...more

New Jersey Regulation Caps Payments to Health Care Providers by Pharma Manufacturers

by Reed Smith on

On January 16, 2018, New Jersey enacted a new regulation which regulates the payments and items of value that prescribers can accept from pharmaceutical manufacturers. The regulation limits acceptance by prescribers of such...more

Healthcare And The Gig Economy: A Marriage Of Risk And Reward

by Fisher Phillips on

Healthcare is one of the country’s largest industries, accounting for trillions of dollars in annual spending. Given its magnitude, it should come as no surprise that healthcare and our national economy are inextricably...more

OIG Offers Additional Guidance on Gainsharing Arrangement in Advisory Opinion 17-09

by Baker Ober Health Law on

A non-profit acute care hospital may share cost savings for certain spinal surgeries with neurosurgeons in a multi-specialty physician group following approval by the U.S. Department of Health & Human Services, Office of...more

Gymnastics scandal offers a tragic reminder of challenges in protecting kids

His basic credentials would come under fire, but they were sufficient for the “doctor” to insinuate himself into major institutions, and, worse, into the lives of hundreds of girls and young women on whom he inflicted a...more

The Lawyer Full Employment Action of 2018

by Reed Smith on

On January 30, 2018, Judge Goodwin entered four case management orders in the Ethicon, Boston Scientific, Bard, and American Medical Systems mesh MDLS. These CMOs establish discovery and briefing deadlines for 13200, 6174,...more

BPCI Advanced – CMS Offers a Familiar Program with a New Twist

by Baker Ober Health Law on

The Centers for Medicare & Medicaid Services (CMS) is launching BPCI Advanced – the successor program to the Bundled Payments for Care Improvement Initiative. Providers that like the current BPCI program, or simply missed the...more

Post-Acute Care Providers Ponder Role in BPCI Advanced

by Baker Ober Health Law on

As CMS's approach to Alternative Payment Models continues to evolve, most recently with the release of BPCI Advanced, post-acute care providers may be left scratching their heads as they try to determine where they fit. An...more

Third Circuit Rejects False Claims Act Theory that Anti-Kickback Violations "Taint" All Related Claims

by Jones Day on

The Situation: A provision in the False Claims Act ("FCA") had clarified when Anti-Kickback Statute ("AKS") violations can make a claim false, but the provision's rule of per se falsity does not answer when a claim "result[s]...more

Bill Seeks to Increase Civil Monetary Penalty Authorized by Georgia’s Medicaid False Claims Act

On January 22, 2018, Senate Bill 321, sponsored by Sen. Blake Tillery (R-Vidalia), was heard in Georgia’s Senate Committee on Judiciary. This bill seeks to increase the amount of civil monetary penalties for false or...more

Are Doctors Responsible for Damages to the Victims of the Opioid Epidemic

by Howard Ankin on

Physicians play a significant role in opioid abuse, addiction, and death by overprescribing painkillers and when injuries occur, they may be held liable for damages. The number of opioid overdoses has soared to record levels...more

Privacy Update: Texting Patient Information

by Buchalter on

CMS has issued a memorandum clarifying its position on texting and recognizing that the use of texting has become an essential and valuable means of communication between health care team members. The takeaways from the...more

MedPAC Votes on Proposed Recommendations to Congress to Maintain Medicare’s Existing Payment Increases to Hospitals and...

by King & Spalding on

In public meetings held on January 11-12, 2018, Medicare Payment Advisory Commission (MedPAC) members voted to recommend that Congress maintain Medicare’s current updates for payments to providers for acute care hospital...more

The Latest State Law Addressing the Opioid Crisis: New Regulations Prohibit New Jersey Prescribers Accepting Payments from Drug...

by Dorsey & Whitney LLP on

In a prior blog post from September 8, 2017, we wrote about the many ways in which states are addressing the opioid crisis through legislation. One of the states we discussed was New Jersey who at the time had proposed a new...more

NJ Prescribers Now Subject to New Limits on Payments From Pharma Manufacturers

by Pepper Hamilton LLP on

A recently finalized New Jersey rule imposes new limits on prescriber acceptance of gifts and compensation from pharmaceutical manufacturers and their agents, and will likely have a significant impact on many prescriber...more

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