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HealthBlawg :: David Harlow's…

HealthBlawg :: David Harlow's Health Care Law Blog

New developments in health care law and policy together with the observations and analysis of David Harlow, principal of The Harlow Group LLC, a health care law and consulting firm based near Boston, Massachusetts.

http://healthblawg.typepad.com/healthblawg/

May 19
Hospital Chargemasters and Open Data from CMS -- The conversation continue

Hospital Chargemasters and Open Data from CMS -- The conversation continue

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May 16
Angelina Jolie, BRCA1, Public Health and Patent Law

Angelina Jolie, BRCA1, Public Health and Patent Law

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May 13
The FDA Patient Network Website - Pretty Darn Patient-Centered

The FDA Patient Network Website - Pretty Darn Patient-Centered

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Rank this Week: 776

California Social Security…

California Social Security Disability Attorney Blog

Published by Howard Law, P.C.

http://www.californiasocialsecuritydisabilityattorneyblog.com/

May 18
Some Rejected SSDI Claims May Be Eligible for Rehearing, Per Court

Some Rejected SSDI Claims May Be Eligible for Rehearing, Per Court

About 4,000 disability claims that were partially or fully rejected in Queens by one of five specific administrative law judges will likely have an opportunity to have their case heard, following a federal appellate panel's findings…
May 17
Medical Advances Spur Increase in Federal Disability Claim

Medical Advances Spur Increase in Federal Disability Claim

Maybe if politicians and talking heads are so concerned about reducing the federal disability rolls in America, we should consider scaling back the kind of medical advances that allows us to save lives and help people live longer. Obviously,…
May 15
Los Angeles SSDI Lawyers Urge Consideration of Private Coverage

Los Angeles SSDI Lawyers Urge Consideration of Private Coverage

Los Angeles Social Security Disability Insurance Attorney Vincent Howard of HOWARD LAW knows that when it comes to the protection of your assets, Americans are pretty good about making sure they are insured. Everything from your home to your…

Rank this Week: 613

Medical Futility

Tracks judicial, legislative, policy, and academic developments concerning medical futility. By Professor Thaddeus Mason Pope.

http://medicalfutility.blogspot.com/

May 18
Texas Medical Futility - No Change Again

Texas Medical Futility - No Change Again

For the past four legislative sessions in Texas (2007, 209, 2011, and now 2013), a broad group of stakeholders has sought to revise Texas Health & Safety Code 166.046. Some want to make the law more fair (.e.g. longer notice…
May 17
Oklahoma Requires Provision of Futile Treatment

Oklahoma Requires Provision of Futile Treatment

Many states are working to find ways to permit or encourage clinicians to avoid providing non-beneficial treatment. In contrast, Oklahoma has specifically mandated that clinicians provide non-beneficial treatment, if that is what the…
May 15
Patients Wins Lawsuit against VA for Terminal Misdiagnosi

Patients Wins Lawsuit against VA for Terminal Misdiagnosi

Sometimes, one is delighted to find out that one's physician has made an error. That is what happened to Mark Templin. Clinicians at the Montana VA misdiagnosed him with brain cancer. They prescribed two drugs and…

Rank this Week: 141

Health Law Prof Blog

By University of Cincinnati Law Professor S. Elizabeth Malloy.

http://lawprofessors.typepad.com/healthlawprof_blog/

May 17
Evidenced Based Practice: When will Law Catch up with Medicine?

Evidenced Based Practice: When will Law Catch up with Medicine?

Two widely reported studies this week about bed rest for women at risk of preterm delivery and reduction of salt consumption in order to promote heart health highlight two things we don’t think about enough—that a lot of standard…
May 16
Guest Bloggers Professors Alice A. Noble and Mary Ann Chirba - The ACA’s Tobacco Use Rating: Implementation, Inconsistencies and Ironie

Guest Bloggers Professors Alice A. Noble and Mary Ann Chirba - The ACA’s Tobacco Use Rating: Implementation, Inconsistencies and Ironie

As the Affordable Care Act continues toward full implementation, the law’s complexity is on full display. As we have noted in earlier writings, the ACA continues the federal tradition of using a fragmented approach to allocating oversight…
May 16
HIPAA and the Medical Records of Deceased Nursing Home Patient

HIPAA and the Medical Records of Deceased Nursing Home Patient

Warning: some of this post is HIPAA-wonky. But read on: the punch line is that HIPAA does not protect the living or the dead from blanket release of medical records to their personal representatives—unless state law provides otherwise or…

Rank this Week: 319

California Attorneys Representing…

California Attorneys Representing Licensed, Regulated And Other Professionals

Addresses issues faced by license professionals and regulated businesses in civil, business, administrative and criminal matters with an emphasis on health care. By Green & Associates.

http://greenandassociates.blogspot.com/

May 17
Tracy Green Nominated For 2013 "Women Making A Difference Award"

Tracy Green Nominated For 2013 "Women Making A Difference Award"

The Los Angeles Business Journal held its twenty-first annual Women Making a Difference Awards Reception and Luncheon event at the JW Marriott Hotel at L.A. Live in Los Angeles on Wednesday, May 14, 2013. It was an uplifting and…
May 15
Los Angeles Clinic Owner Received Lengthy Sentence In Distribution of Prescription Drugs Case

Los Angeles Clinic Owner Received Lengthy Sentence In Distribution of Prescription Drugs Case

The government's war on prescription drugs -- especially those obtained through prescriptions and pharmacies -- continues. On May 2, 2013, in the Central District of California, U.S. District Judge David O. Carter sentenced Anush…
May 5
Adventist Health and White Memorial Medical Center In Los Angeles Pay $14.1 Million to Resolve False Claims Act Allegations Involving Physician Referral Payment

Adventist Health and White Memorial Medical Center In Los Angeles Pay $14.1 Million to Resolve False Claims Act Allegations Involving Physician Referral Payment

On May 3, 2013, a qui tam federal lawsuit filed by Los Angeles physicians Hector Luque and Alejandro Gonzalez was settled with Adventist Health System/West, dba Adventist Health, and its affiliated hospital White Memorial Medical…

Rank this Week: 367

California Insurance Lawyer Blog

Covers various ERISA, disability, health, and life insurance issues. By California insurance attorneys, Kantor & Kantor.

http://www.californiainsurancelawyerblog.com/

May 17
Our First Guest Blog: Daniel Malito writes about struggles with getting his pain medication paid for

Our First Guest Blog: Daniel Malito writes about struggles with getting his pain medication paid for

Insurance woes. Many of us have heard about a “friend of a friend,” or “some guy” who has been well and truly abused by their health insurance company. We all have the same response -- “that’s…
May 15
Transparency in Insurer Claim Approval and Denial Rates - Claim Denials Seem to Lead to Greater Profit

Transparency in Insurer Claim Approval and Denial Rates - Claim Denials Seem to Lead to Greater Profit

Like the average consumer, we are always curious about the claim approval and denial rates of health insurance companies. A new law in Vermont satisfies that curiosity by requiring health insurers who do business in Vermont to disclose claim…
May 11
Congratulations to Kantor & Kantor’s Associate Brent Dorian Brehm for being named 2013 “Lawyers on the Fast Track” by the Recorder

Congratulations to Kantor & Kantor’s Associate Brent Dorian Brehm for being named 2013 “Lawyers on the Fast Track” by the Recorder

Brent Dorian Brehm, a seventh year associate of Kantor & Kantor LLP, was recognized by The Recorder as part of their 2013 Lawyers on the Fast Track list - which recognizes California’s young emerging legal leaders. Unlike many…

Rank this Week: 218

Wachler & Associates Health Law…

Wachler & Associates Health Law Blog

Covers health law, recovery audit contractors, compliance and medicare. By Wachler & Associates, P.C.

http://www.wachlerblog.com/

May 17
Jury Rules Tuomey Violated Stark Law and the FCA through Physician Employment Agreement

Jury Rules Tuomey Violated Stark Law and the FCA through Physician Employment Agreement

On May 8, 2013, in a retrial of a 2010 case, a federal jury found that Tuomey Healthcare System (Tuomey) in Sumter, SC violated both the Stark Law and the False Claims Act (FCA). The jury found that Tuomey violated the FCA by submitting…
May 15
Recovery Auditors (RACs) target Hospice Face-to-Face Recertification

Recovery Auditors (RACs) target Hospice Face-to-Face Recertification

Hospice providers must always obtain written certification that a patient meets Medicare's hospice coverage criteria. Written certification of terminal illness needs to be obtained no later than 2 days after hospice care is initiated, and…
May 14
Blue Cross Blue Shield of Michigan Auditing Physicians Performing In-Office Drug Screen

Blue Cross Blue Shield of Michigan Auditing Physicians Performing In-Office Drug Screen

Blue Cross Blue Shield of Michigan (BCBSM) is auditing physicians who have conducted in-office Drug of Abuse (DOA) screening test. The purpose of these BCBSM audits is to determine whether the services, treatment, devices, and procedures…

Rank this Week: 883

Neuroethics & Law Blog

An interdisciplinary forum for legal and ethical issues related to the brain and cognition. By University of San Diego School of Law Professor Adam Kolber.

http://kolber.typepad.com/ethics_law_blog/

May 17
"Treating Yourself as an Object: Self-Objectification and the Ethical Dimensions of Antidepressant Use"

"Treating Yourself as an Object: Self-Objectification and the Ethical Dimensions of Antidepressant Use"

Treating Yourself as an Object: Self-Objectification and the Ethical Dimensions of Antidepressant Use by Ginger A. Hoffman has been published in the most recent issue of Neuroethics: Abstract In this paper, I offer one moral reason to eschew…
May 15
"Ideals of Student Excellence and Enhancement"

"Ideals of Student Excellence and Enhancement"

Ideals of Student Excellence and Enhancement by Gavin G. Enck has been published in the most recent issue of Nueroethics: Abstract Discussions about the permissibility of students using enhancements in education are often framed by the…
May 14
"‘The Thorny and Arduous Path of Moral Progress’: Moral Psychology and Moral Enhancement"

"‘The Thorny and Arduous Path of Moral Progress’: Moral Psychology and Moral Enhancement"

‘The Thorny and Arduous Path of Moral Progress’: Moral Psychology and Moral Enhancement by Chris Zarpentine has been published in the most recent issue of Neuroethics: Abstract The moral enhancement of humans by biological or…

Rank this Week: 1138

Health Care Update

Provides health care regulatory, legislative, enforcement, legal, and management updates. From Solution Law Press.

http://slphealthcareupdate.wordpress.com

May 16
Feds Arrest 36 More California & Florida Providers On Defrauding Medicare Of More than $66 Million

Feds Arrest 36 More California & Florida Providers On Defrauding Medicare Of More than $66 Million

The Federal Medicare Fraud Strike Force’s arrest of 36 providers in California and Florida highlights again the continuing and growing zeal of federal health care fraud investigation and enforcement efforts. On May 14, 2013 the…
May 3
Former White House Cybersecurity Coordinator Schmidt, Stamer & Others Share Key HIPAA & Other Privacy & Data Security Insights 5/21 In LA

Former White House Cybersecurity Coordinator Schmidt, Stamer & Others Share Key HIPAA & Other Privacy & Data Security Insights 5/21 In LA

Former White House Cybersecurity Coordinator Howard Schmidt and Solutions Law Press, Inc. editor attorney Cynthia Marcotte Stamer are two of an impressive lineup of leaders scheduled to share key HIPAA & other privacy and data security…
May 1
CMS Proposes To Further Tighten Medicare Provider Enrollment Rule

CMS Proposes To Further Tighten Medicare Provider Enrollment Rule

The proposed rule would also strengthen certain provider enrollment provisions including allowing HHS to deny enrollment of providers affiliated with an entity that has unpaid Medicare debt, deny or revoke billing privileges for individuals…

Rank this Week: 940

Personalized Medicine Bulletin

Covers legal, business and regulatory developments in the personalized medical industry. By Foley & Lardner LLP.

http://www.personalizedmedicinebulletin.com

May 16
A Patent Landscape Analysis: iPSC

A Patent Landscape Analysis: iPSC

There are several emerging technology clusters in the induced pluripotent stem cell (iPSC) space. Simon Elliot and I conducted a patent landscape analysis focusing on issued U.S. patents and pending applications. We found several…
May 13
Patent Exhaustion and Self-Replicating Technologie

Patent Exhaustion and Self-Replicating Technologie

Today in Bowman v. Monstanto Co., 569 U.S. __ (2013), a unanimous Supreme Court held that under the doctrine of patent exhaustion,the authorized sale of a patented article only gives the purchaser or any subsequent owner of the patented…
Apr 25
Video Interview: Discussing the Supreme Court’s Oral Arguments in Myriad Gene Patenting Case

Video Interview: Discussing the Supreme Court’s Oral Arguments in Myriad Gene Patenting Case

Earlier this week, I had the opportunity to speak again with Colin O’Keefe of LXBN regarding last week’s oral arguments in Association for Molecular Pathology v. Myriad Genetics. In the interview, I share some quick…

Rank this Week: 1272

Health Care Investor

Covers issues and trends that impact investments in healthcare and life sciences businesses. By McGuireWoods.

http://www.thehealthcareinvestor.com

May 16
Physician-Owned Hospitals Continue Fight Against Restriction

Physician-Owned Hospitals Continue Fight Against Restriction

In a December report on hospital value-based purchasing from CMS, nine of the top 10 performing U.S. hospitals were physician owned, according to an American Medical News report. In fact, this list identified 48 physician-owned hospitals in…
May 15
Healthcare & Life Sciences Private Equity Deal Tracker: Harvest Partners Acquires AxelaCare

Healthcare & Life Sciences Private Equity Deal Tracker: Harvest Partners Acquires AxelaCare

Harvest Partners, LP, has announced it has acquired AxelaCare Holdings, Inc., from Excellere Partners. Harvest Partners is a middle-market PE firm based in New York. AxelaCare, based in Lenexa, Kansas, is a full-service home infusion therapy…
May 8
Healthcare & Life Sciences Private Equity Deal Tracker: Argon Medical Devices Completes Acquisition of Angiotech Pharmaceuticals Subsidiary

Healthcare & Life Sciences Private Equity Deal Tracker: Argon Medical Devices Completes Acquisition of Angiotech Pharmaceuticals Subsidiary

Argon Medical Devices has completed its acquisition of the interventional products business of Angiotech Pharmaceuticals Inc., according to a news release. Argon Medical Devices, based in Plano, Texas, is a manufacturer of specialty medical…

Rank this Week: 1558

Garlo Ward Blog

Covers Alzheimer's disease, end-of-life, HIPAA, medicaid, medicare, nursing homes, and physicians.

http://www.garloward.com/blog/

May 16
TX Register Updates: Comment Extension, Use of Restraint

TX Register Updates: Comment Extension, Use of Restraint

The following information was obtained from the May 10 issue of the Texas Register. Public Notices – Comment Extension Period HHSC proposed to amend §354.1281, Psychologists’ Services, which would add provisionally licensed…
May 14
Bill Status Reminder, Provider Event

Bill Status Reminder, Provider Event

We’d like to remind long term care providers to check the status of bills introduced during the 83rd legislative session. We list recently introduced bills on the blog, and the status of some of these bills have changed. See our…
May 13
IL and News Alerts: 6/21 Meeting, Workshop Change

IL and News Alerts: 6/21 Meeting, Workshop Change

HCS and community-based ICF/IID: DADS reminded program providers about the requirements for evaluating the use of restraints. (Letter) – DADS will hold a HCSSA stakeholders meeting on Friday, June 21, 2013, from 9 a.m.-1 p.m. in…

Rank this Week: 1260

Texas Medical Licensing Law Blog

Covers professional licensing matters and related regulatory issues for health care professionals. Published by the Leichter Law Firm.

http://www.txmedicallicensinglaw.com/

May 15
Important Update for Texas Nurses on a Board Order: Texas Board of Nursing Starts Screening for EtG and EtS

Important Update for Texas Nurses on a Board Order: Texas Board of Nursing Starts Screening for EtG and EtS

During the last month my firm has experienced an influx of calls from nurses who have tested positive for alcohol while on an Order with the Texas Board of Nursing. The consequences of testing positive for a prohibited substance,…
Mar 11
The Texas Intractable Pain Treatment Act And Chronic Pain

The Texas Intractable Pain Treatment Act And Chronic Pain

Given the current aggressive regulatory climate surrounding the treatment of chronic pain, it is worthwhile to look back and understand how the applicable law developed prior to the Legislature's empowerment of the Texas Medical Board…
Nov 28
Texas Medical Board Schedules Wave of Temporary Suspension Hearings Targeting Pain Management Physicians and Physician Assistant

Texas Medical Board Schedules Wave of Temporary Suspension Hearings Targeting Pain Management Physicians and Physician Assistant

Rank this Week: 967

Health Law Attorney Blog

Covers health law and compliance issues. By The Health Law Partners.

http://www.healthlawattorneyblog.com/

May 15
American Orthotic and Prosthetic Association Files Lawsuit Alleging Unlawful Changes in Medicare Standards Resulting in Unfair RAC/Prepayment Audit

American Orthotic and Prosthetic Association Files Lawsuit Alleging Unlawful Changes in Medicare Standards Resulting in Unfair RAC/Prepayment Audit

On May 13, 2013, the American Orthotic and Prosthetic Association ("AOPA") filed suit in the federal district court for the District of Columbia against the Centers for Medicare and Medicaid ("CMS"), alleging that payment denials by CMS and…
May 9
OCR Releases HIPAA Privacy and Security Education Tool

OCR Releases HIPAA Privacy and Security Education Tool

On April 30, 2013, the Department of Health and Human Services ("HHS") Office for Civil Rights ("OCR") announced the availability of new tools to educate health care providers and consumers about the Health Insurance Portability and…
May 1
New Michigan Law Permits Reporting of Unsafe Drivers by Physicians and Optometrist

New Michigan Law Permits Reporting of Unsafe Drivers by Physicians and Optometrist

The state of Michigan joined more than two dozen states in passing legislation to permit reporting of unsafe drivers by healthcare providers. Pursuant to Michigan Public Acts 354 and 355 of 2012, signed into law in late December of 2012,…

Rank this Week: 1177

Life Sciences Legal Update

Analysis and commentary on trends and developments in life sciences and health care law. By Reed Smith.

http://www.lifescienceslegalupdate.com/

May 15
China Life Sciences and Health Industry Client Briefing - April 2013 (May 15, 2013)

China Life Sciences and Health Industry Client Briefing - April 2013 (May 15, 2013)

This post was written by Katherine Yang, Amy Yin, Vicki Lung, Gordon B. Schatz, Jay J. Yan, John J. Tan, Mao Rong and May Wong. Reed Smith’s China Life Sciences and Health Industry Client Briefing provides a summary of the monthly news…
May 6
HHS Considers Amending the HIPAA Privacy Rule to Encourage Reporting of Mental Health Information to the National Instant Criminal Background Check System

HHS Considers Amending the HIPAA Privacy Rule to Encourage Reporting of Mental Health Information to the National Instant Criminal Background Check System

This post was written by Jennifer L. Pike and Nancy E. Bonifant. The Department of Health and Human Services (“HHS”) is seeking comments on a proposal to amend the HIPAA Privacy Rule to expressly permit covered entities to…
May 3
CMS Releases List of Teaching Hospitals; Educational Efforts and Requests for Additional Clarification Regarding the Physician Payment Sunshine Final Rule Continue

CMS Releases List of Teaching Hospitals; Educational Efforts and Requests for Additional Clarification Regarding the Physician Payment Sunshine Final Rule Continue

This post was written by Elizabeth Carder-Thompson, Katie C. Pawlitz and Nancy E. Bonifant. In preparation for data collection to begin under the Physician Payment Sunshine Act Final Rule on August 1, 2013, the Centers for Medicare &…

Rank this Week: 420

The Health Law Firm Blog

Covers legal issues impacting health care providers and professionals, including Medicare and Medicaid audits and fraud, pain management regulations, professional licensing, and clinical privileges. By George F. Indest III.

http://www.thehealthlawfirm.com/blog/

May 15
Lawsuits Against Manufacturers of Metal-on-Metal Hip Implants: Things You Need to Know as an Implant Recipient-Part 3

Lawsuits Against Manufacturers of Metal-on-Metal Hip Implants: Things You Need to Know as an Implant Recipient-Part 3

By Carole C. Schriefer, R.N., J.D., The Health Law Firm and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Two nationwide recalls of metal-on-metal hip implants by Johnson and Johnson’s…
May 14
Food and Drug Administration (FDA) Recalls Sterile Drugs from Florida Compounding Pharmacy

Food and Drug Administration (FDA) Recalls Sterile Drugs from Florida Compounding Pharmacy

By Lance O. Leider, J.D., The Health Law Firm There’s been yet another recall from a compounding pharmacy. On May 8, 2013, the US Food and Drug Administration (FDA) sent a warning to doctors and pharmacists to avoid drugs made by The…
May 10
Home Health Care Company’s Patient Recruiter Sentenced to More Than Three Years in Prison for Medicare Fraud Scheme

Home Health Care Company’s Patient Recruiter Sentenced to More Than Three Years in Prison for Medicare Fraud Scheme

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A Miami patient recruiter will spend the next 37 months in prison for his part in a $20 million Medicare fraud scheme, according to the Department…

Rank this Week: 732

Legal Blasts (and Unrelated…

Legal Blasts (and Unrelated Baseball Opening Day Memories)

Covers business litigation, arbitration, and privacy law issues. By Theodora Oringher.

http://www.legalblastsandopeningday.com/

May 15
Blog #52 (Don Newcombe)

Blog #52 (Don Newcombe)

This week there is no legal section of the blog. Now for the Opening Day memory: Don Newcombe is intertwined with major league baseball history. In 1949, he became the first African American to start a World Series game. In 1955, he became…
May 1
Blog #51 (Joe Sambito)

Blog #51 (Joe Sambito)

This week there is no legal section of the blog. Now for the Opening Day memory: Like me, former Houston Astros star reliever Joe Sambito is a Mickey Mantle fan. But Joe had quite the major league baseball career of his own. He began his…
Apr 17
Blog #50 (Bobby Winkles)

Blog #50 (Bobby Winkles)

This week there is no legal section of the blog. Now for the Opening Day memory: Although Bobby Winkles is probably more known for pioneering the Arizona State University baseball program, which produced Reggie Jackson among others, and…

Rank this Week: 1865

Nursing Law Blog

Covers health law and nursing law. By George F. Indest III, P.A.

http://nursinglawblog.wordpress.com/

May 15
Florida Senate Delays Broadening Baker Act Powers for Nurse Practitioners and Physician Assistants-Calls for a Study

Florida Senate Delays Broadening Baker Act Powers for Nurse Practitioners and Physician Assistants-Calls for a Study

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Florida’s nurse practitioners and physician assistants were hopeful the Senate would vote to allow them to have the authority to order the…
May 1
Nurses Service Organization (NSO) Attorneys, Lawyers and Defense Council in Florida

Nurses Service Organization (NSO) Attorneys, Lawyers and Defense Council in Florida

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Often we learn after the fact that a health professional such as nurses, advance registered nurse practitioners (ARNPs), certified registered nurse…
Feb 21
Nursing Liability and Nursing Malpractice – Part 2

Nursing Liability and Nursing Malpractice – Part 2

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In this blog I discuss the concept of nursing malpractice. It is the second blog of my two-part series. To read part one, … Continue reading…

Rank this Week: 480

False Claims Counsel

Covers False Claims Act and related statutes. By Ben Vernia.

http://www.falseclaimscounsel.com/wordpress

May 14
Medical device company C.R. Bard pays over $48 million to settle whistleblower’s allegation

Medical device company C.R. Bard pays over $48 million to settle whistleblower’s allegation

On May 13, the Department of Justice announced that the medical device company C.R. Bard had agreed to settle claims originally brought by a whistleblower that it had paid kickbacks to physicians to induce them to use the company radiation…
May 13
Indian generic drug maker Ranbaxy pleads guilty, pays combined $500 million to settle drug quality claim

Indian generic drug maker Ranbaxy pleads guilty, pays combined $500 million to settle drug quality claim

On May 13, the Department of Justice announced that Ranbaxy USA Inc. has entered a guilty plea to violations of the Food, Drug & Cosmetic Act, and will pay a total of $500 million, including $350 million to the federal government and…
May 7
House hearing criticizes DOJ over alleged “quid pro quo” declination of HUD case

House hearing criticizes DOJ over alleged “quid pro quo” declination of HUD case

On May 7, the House Committee on Oversight and Government Reform held a contentious hearing on allegations that DOJ Civil Rights Division Assistant Attorney General and Labor Secretary nominee Thomas Perez had brokered a “quid pro…

Rank this Week: 211

Reproductive Rights Prof Blog

Covers abortion, contraception, pregnancy and fetal rights. By CUNY School of Law Professor Caitlin E. Borgmann.

http://lawprofessors.typepad.com/reproductive_rights/

May 14
Martha Fineman on Masculinities Scholarship and Feminist Legal Theory

Martha Fineman on Masculinities Scholarship and Feminist Legal Theory

Martha Fineman (Emory Univ. School of Law) has posted Feminism, Masculinities, and Multiple Identities on SSRN. Here is the abstract: Masculinities scholarship could be seen as distinct from and complementary to feminist theory — an…
May 14
Catholic/Secular Hospital Mergers Threaten Access to Reproductive Health Care

Catholic/Secular Hospital Mergers Threaten Access to Reproductive Health Care

The New York Times: Hospital Mergers Reset Abortion-Access Battle, by Kirk Johnson: Politicians seeking to restrict access to abortion, a marked trend this year from North Dakota to Arkansas, tend not to get much traction in this part of…
May 14
Abortion Protest Case Pits Free Speech Rights Against Protection of Children

Abortion Protest Case Pits Free Speech Rights Against Protection of Children

The New York Times: In Abortion Protests, Which to Protect, Children or Speech?, by Adam Liptak: Kenneth T. Scott opposes abortion, and he says so in public. Sometimes he holds up large pictures of aborted fetuses. Sometimes he makes his...

Rank this Week: 101

Health Industry Washington Watch

Covers U.S. legislative and regulatory developments affecting the life sciences and health care industry. By Reed Smith LLP.

http://www.healthindustrywashingtonwatch.com/

May 14
New Postings on the Reed Smith Health Industry Washington Watch Blog

New Postings on the Reed Smith Health Industry Washington Watch Blog

The Reed Smith Health Industry Washington Watch blog has been updated to report on recent health policy developments, including the following: -- Regulatory Developments. CMS has published several major proposed rules that would update…
May 14
Updated OIG Bulletin on the Effect of Exclusion from Participation in Federal Health Care Program

Updated OIG Bulletin on the Effect of Exclusion from Participation in Federal Health Care Program

This post was written by Scot T. Hasselman and Susan A. Edwards. The Office of Inspector General (OIG) of the Department of Health and Human Services (HHS) issued an updated “Special Advisory Bulletin on the Effect of Exclusion from…
May 14
Updated Bulletin Regarding Exclusion

Updated Bulletin Regarding Exclusion

This post was written by Scot T. Hasselman and Susan A. Edwards. The Office of Inspector General (OIG) of the Department of Health and Human Services (HHS) issued an updated “Special Advisory Bulletin on the Effect of Exclusion from…

Rank this Week: 332

The Health Law Firm Blog

Covers health care legislation, enforcement and regulation. By George F. Indest III, P.A.

http://thehealthlawfirmblog.wordpress.com/

May 14
Two Separate Lawsuits Against Novartis Pharmaceuticals Corporation Allege Illegal Kickbacks and False Claim

Two Separate Lawsuits Against Novartis Pharmaceuticals Corporation Allege Illegal Kickbacks and False Claim

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Novartis Pharmaceuticals Corporation (NPC) is currently fielding two different lawsuits, filed just days apart from each other, by the U.S.…
May 10
The Doctors Company (TDC) Attorneys, Lawyers and Defense Council in Florida

The Doctors Company (TDC) Attorneys, Lawyers and Defense Council in Florida

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Often we learn after the fact that a health professional such as physicians, dentist and other health professionals has received The Doctors…
May 6
American Medical Association Joins Minnesota Medical Staff in Its Fight for Autonomy

American Medical Association Joins Minnesota Medical Staff in Its Fight for Autonomy

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The American Medical Association (AMA) and several other physician organizations announced support of a court appeal by physicians at Avera…

Rank this Week: 1946

HIPAA Blog

Features a discussion of medical privacy. By Jeffrey P. Drummond.

http://hipaablog.blogspot.com/

May 13
Prescription Reminders: CVS' move to stop…

Prescription Reminders: CVS' move to stop providing manufacturer-funded prescription reminder services has triggered calls from pharmacy trade groups to HHS, asking them to loosen up the "marketing" rules to allow these things to…
May 10
University of Rochester Medical Center…

University of Rochester Medical Center data breach: a resident lost a flash drive, probably in the laundry. The flash drive had PHI on a little more than 500 patients, but it was . . . drum roll please . . . unencrypted, resulting in the…
May 10
Social Media: Tweeting and webcasting…

Social Media: Tweeting and webcasting births, surgeries, and the like.

Rank this Week: 899

Drug Injury Watch

Site provides developing information about prescription drug side effects as well as up-to-date news from the legal, medical, FDA, and pharmaceutical sectors. From attorney Thomas J. Lamb.

http://www.drug-injury.com/druginjurycom/

May 13
Infuse Bone Graft: Medtronic-Funded Studies Essentially Ignored Serious Medical Complications And Side Effects Associated With Its Back Surgery Product

Infuse Bone Graft: Medtronic-Funded Studies Essentially Ignored Serious Medical Complications And Side Effects Associated With Its Back Surgery Product

A 2009 - 2012 Series Of Investigative Reports Published By The Milwaukee Journal Sentinel Exposed Various "Problems" With How Medtronic Went About Boosting Sales Of Infuse (Posted by Tom Lamb at DrugInjuryWatch.com) In the second…
Apr 29
Medtronic Infuse Bone Graft Efficacy And Safety Study By Yale: Widely Anticipated Results Are Set To Be Released In June 2013

Medtronic Infuse Bone Graft Efficacy And Safety Study By Yale: Widely Anticipated Results Are Set To Be Released In June 2013

This Controversial Medtronic Spine Treatment Was Put In The Spotlight By June 2011 Medical Journal Articles About Serious Risks And Problems With Infuse (Posted by Tom Lamb at DrugInjuryWatch.com) The Medtronic Infuse Bone Graft product was…
Apr 22
Mirena IUD Migrations And Perforations Requiring Surgical Removals Result In Growing Number Of Lawsuits Against Bayer

Mirena IUD Migrations And Perforations Requiring Surgical Removals Result In Growing Number Of Lawsuits Against Bayer

First Mirena Case Trial, Baugh v. Bayer, Scheduled To Start May 6, 2013 In South Carolina Federal District Court (Posted by Tom Lamb at DrugInjuryWatch.com) The Mirena lawsuit Kelli Baugh v. Bayer Corporation (USDC, District of South…

Rank this Week: 654

Nursing Home Law Blog

Information relating to nursing homes and the care that they provide. Published by Stark & Stark.

http://nursinghomelaw.stark-stark.com/

May 13
New Law Proposed Making Mandatory Pre-Dispute Arbitration Illegal in Nursing Home

New Law Proposed Making Mandatory Pre-Dispute Arbitration Illegal in Nursing Home

Arbitration is a process of resolving complaints without the use of the court system. A person basically signs a document waiving their right to a jury trial, and gets nothing in return. The rules for arbitration are different,…
May 8
Life Care Centers Accused of Bilking Medicare

Life Care Centers Accused of Bilking Medicare

Here’s a copy of the lawsuit referenced in the recent CBS News Piece on the lawsuit that the United States has brought against Life Care Centers, accusing them of inappropriate Medicare billing practices.
May 1
LPN at Golden Living Charged with Stealing Drugs from Patient

LPN at Golden Living Charged with Stealing Drugs from Patient

Sadly, this is not the first time we’ve seen this problem in a nursing home. In this instance, an LPN has been accused to taking medications away from patients. It is not clear from the article, as least at this point in the…

Rank this Week: 2725

Cannabis Law Group's Medical…

Cannabis Law Group's Medical Marijuana Legal Blog

Published By Cannabis Law Group

http://www.marijuanalawyerblog.com/

May 11
Federal Marijuana Crackdown on California Dispensaries Continue

Federal Marijuana Crackdown on California Dispensaries Continue

If you thought the federal assault on medical marijuana dispensaries in California had subsided, think again. Our Los Angeles marijuana lawyers have learned the aggressive barrage of action against law-abiding facilities is marching on, with…
May 9
California Marijuana Lawyers: Supreme Court Ruling Shouldn't Affect L.A. Dispensarie

California Marijuana Lawyers: Supreme Court Ruling Shouldn't Affect L.A. Dispensarie

As pro-marijuana advocates have continued to absorb the disappointing decision handed down recently by the California Supreme Court, affirming the right of local government to ban dispensaries, our Los Angeles marijuana lawyers want to share…
May 7
California Supreme Court Affirms Right to Ban Marijuana Dispensarie

California Supreme Court Affirms Right to Ban Marijuana Dispensarie

Bad news breaking out of Riverside: The California Supreme Court has issued a 7-0 unanimous ruling, affirming the right of local governments to ban medical marijuana dispensaries within their districts. Our Los Angeles marijuana lawyers are…

Rank this Week: 1716

Health Law Sidebar

Covers regulatory and statutory updates from the healthcare industry. By O'Connell & Aronowitz.

http://healthlawsidebar.com/

May 9
Exclusion From Federal Health Care Programs: New Guidance From The United States HHS OIG

Exclusion From Federal Health Care Programs: New Guidance From The United States HHS OIG

The United States Department of Health and Human Services Office of the Inspector General (OIG) has issued a Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs (“the Bulletin”).…
Apr 10
Proposed Rule to Extend and Amend the Exception to Donate Electronic Health Records Items and Service

Proposed Rule to Extend and Amend the Exception to Donate Electronic Health Records Items and Service

The Office of Inspector General for the Department of Health and Human Services (OIG) and the Centers for Medicare and Medicaid Services (CMS) published on April 10, 2013 proposed rules to extend and amend the Electronic Health Records (EHR)…
Mar 29
OIG: PODs “Inherently Suspect”

OIG: PODs “Inherently Suspect”

On Tuesday, the federal Office of the Inspector General (“OIG”) issued a Special Fraud Alert (“Fraud Alert”) detailing the OIG’s concerns with Physician-Owned Entities. Specifically, the alert dealt with…

Rank this Week: 3769

Healthcare Integration Advisors

Covers health care compliance, fraud, HIPAA, and laws. By Iseman, Cunningham, Riester & Hyde, LLP.

http://www.healthcareintegrationadvisors.com

May 7
Who Decides Who Visits a Hospital Patient?

Who Decides Who Visits a Hospital Patient?

Posted by Laurie K. ChisolmUnder federal regulations, a hospital patient has the right to determine who can visit during the hospital stay. Hospitals may not prevent “non-traditional” family members or any others from…
Apr 23
Revise Your Notice of Privacy Practices By September 23, 2013

Revise Your Notice of Privacy Practices By September 23, 2013

Posted by Linda TernerPatient-focused health care providers understand that privacy is important to patients. Providing patients with an explanation of their health information privacy rights has been a standard part of provider office…
Apr 16
Just Do It: Encrypt Portable Electronic Media Device

Just Do It: Encrypt Portable Electronic Media Device

Posted by Linda Terner Last fall, after a HIPAA violation settlement of $1.5 Million for the loss of an unencrypted laptop, healthcare providers and their vendors were on notice of severe consequences for loss of portable…

Rank this Week: 2875

The Health Law Firm Blog

Covers health law.

http://www.healthlawfirm.blogspot.com/

May 6
Lloyd’s of London (Lloyd’s) Attorneys, Lawyers and Defense Council in Florida

Lloyd’s of London (Lloyd’s) Attorneys, Lawyers and Defense Council in Florida

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health LawOften we learn after the fact that a health professional such as physicians, nurses, podiatrists, psychologists and other health professionals has…
Apr 19
Locating a Healthcare Providers Service Organization (HPSO) Insurance Defense Attorney in Florida

Locating a Healthcare Providers Service Organization (HPSO) Insurance Defense Attorney in Florida

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health LawWe are sometimes told by the health professionals we represent especially pharmacists, licensed mental health counselors (LMHCs), advanced…
Mar 26
A Majority of all Medicare Claims for Breast-Cancer Drug Were Billed Incorrectly

A Majority of all Medicare Claims for Breast-Cancer Drug Were Billed Incorrectly

By Lance O. Leider, J.D., The Health Law Firm, and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health LawIt’s no surprise that the government is aggressively pursuing Medicare fraud. Recently, the…

Rank this Week: 2943

Health Care Law Blog

Comments on health care law. By Kevin S. Little P.C.

http://www.healthcarelaw-blog.com/

May 4
The Plea for Repeal of the Medicare Sustainable Growth Rate

The Plea for Repeal of the Medicare Sustainable Growth Rate

The American Medical Association (AMA) and numerous other medical associations, including the Medical Association of Georgia (MAG), are a strong voice for repealing the Medical Sustainable Sustainable Growth Rate (SGR). Led by the AMA, a…
Mar 31
THE CLOCK IS TICKING: Less Than Six Months to Comply with New HIPAA Requirements for Business Associate Agreement

THE CLOCK IS TICKING: Less Than Six Months to Comply with New HIPAA Requirements for Business Associate Agreement

As a general rule of thumb for legal issues, being proactive tends to be much less expensive than being reactive. This general rule certainly applies to health care providers, their business associates and, now, business associate…
Mar 9
THE TIME IS NOW: MANY HEALTH CARE PROVIDERS AND HEALTH CARE BUSINESSES MUST PROMPTLY REVISE BUSINESS ASSOCIATE AGREEMENTS TO COMPLY WITH HIPAA

THE TIME IS NOW: MANY HEALTH CARE PROVIDERS AND HEALTH CARE BUSINESSES MUST PROMPTLY REVISE BUSINESS ASSOCIATE AGREEMENTS TO COMPLY WITH HIPAA

The U.S. Department of Health and Human Services (HHS) published the HIPAA final omnibus rule (Final Rule) on January 25, 2013. The Final Rule deals with required changes for medical practices and other health care providers that HHS…

Rank this Week: 2491

The Medicare Compliance Blog

Covers Medicare secondary payer compliance, Medicare set-asides, mandatory insurer reporting, recovery resolutions, conditional payment notification, Medicare risk assessment, self-administration support issues, Medicare impact on long-term care. By Gould & Lamb.

http://themedicarecomplianceblog.com/

May 2
CMS SPEAKS AT 9TH ANNUAL NAMSAP CONFERENCE

CMS SPEAKS AT 9TH ANNUAL NAMSAP CONFERENCE

On Thursday, April 25, 2013 Panelists John P Albert – Acting Director, Division of Medicare Secondary Payer Policy and Operations; Cynthia Gross – Health Insurance Specialist, Division of Medicare Secondary Payer Policy and…
Jan 25
Mandatory Insurer Reporting in 2013 – Changes Ahead?

Mandatory Insurer Reporting in 2013 – Changes Ahead?

Our industry is now two years into the mandated production (liability – one year) of MMSEA Section 111 Reporting. Although we don’t have crystal balls to see into the future, the matters identified below will likely shape…
Dec 19
US House of Representatives Passes SMART Act of 2012

US House of Representatives Passes SMART Act of 2012

The United States House of Representatives today passed the Saving Medicare and Repaying Taxpayers (SMART) Act as part of a broader legislative effort. The SMART Bill was attached to...

Rank this Week: 4908

Physician Law

Current news, updates, and useful tips relating to legal issues affecting physicians and non-institutional providers in the personal and professional lives. Published by Todd A. Rodriguez of Fox Rothschild.

http://physicianlaw.foxrothschild.com/

Apr 30
Office of Inspector General pOIG Guidance on Physician-owned Distributorships "PODs"

Office of Inspector General pOIG Guidance on Physician-owned Distributorships "PODs"

On March 26, 2013, the Office of Inspector General published much-awaited guidance on physician-owned medical device distributorships (commonly known as "PODs") in the form of a Special Fraud Alert. The OIG makes no bones about where it…
Apr 29
President Proposes Eliminating Stark In-Office Ancillary Services Exception For Therapy and Advanced Imaging

President Proposes Eliminating Stark In-Office Ancillary Services Exception For Therapy and Advanced Imaging

In what would undoubtedly be a devastating blow to many medical practices that rely on the Stark in-office ancillary services exception (which allows physicians to refer within their practices for Stark services), President Obama's proposed…
Mar 29
FTC Sues to Block Hospital Acquisition of Medical Practice

FTC Sues to Block Hospital Acquisition of Medical Practice

Adding an interesting wrinkle to an already complex environment, the Federal Trade Commission filed a suit this month to block an Idaho hospital from acquiring a physician practice. According to an article on thomsonreuters.com, the FTC…

Rank this Week: 2745

Harvard Law & Policy Review Blog

Explores law and policy from new angles, and aims to make unique contributions to discussions unfolding in the national media, local news, and the blawgosphere. Bloggers are progressive law students and lawyers from around the country. The Harvard Law & Policy Review is the official journal of the American Constitution Society.

http://hlpronline.com

Apr 30
Hawaii reporter’s shield bill would protect a narrow class of traditional outlets, journalist

Hawaii reporter’s shield bill would protect a narrow class of traditional outlets, journalist

Follow me @jonathanwpeters on Twitter. A panel of Hawaii lawmakers approved last week a reporter’s shield bill that would eliminate all protections for free newspapers and magazines and for newspapers that distribute content…
Apr 6
Panel 3: The Future of Law and Policy

Panel 3: The Future of Law and Policy

2:20 — Jacqui Bowman of Greater Boston Legal Services kicks off the final panel of the day with a picture of a day at GBLS. 2:24 — Bowman: GBLS makes difficult choices between serving people in dire circumstances, gives example of…
Apr 6
HLPROnline Symposium, Keynote Address: Lessons from Gideon and The Struggle for Access to Justice, by Gene Nichol

HLPROnline Symposium, Keynote Address: Lessons from Gideon and The Struggle for Access to Justice, by Gene Nichol

1:50: Gene Nichol, setting a modest tone for his address: “If George Bush taught us anything, it’s the importance of diminished expectations.” 1:52: Nichol won’t be measuring things, “The bigger I get, the less…

Rank this Week: 1390

Law Links | Health Links

Connecting legal, health and marketing resources with a New England focus.

http://lawlinkshealthlinks.blogspot.com/

Apr 29
Kevin Whitmore Receives Divorce Financial Analyst Certification

Kevin Whitmore Receives Divorce Financial Analyst Certification

Kevin Whitmore, an investment representative with Eldridge Investment Advisors in Manchester, NH, has received certification as a Divorce Financial Analyst from the Institute for Divorce Financial Analysts.™ The role of the CDFA™ is…
Apr 19
How To Avoid Employee Retaliation Claim

How To Avoid Employee Retaliation Claim

Massachusetts employment lawyer Robert M. Shea writes in a recent article on retaliation claims, that such claims now account for 37% of all claims filed with the U.S. Equal Employment Opportunity Commission (EEOC). He cites two reasons: the…
Apr 16
Obama Care for Employers — USLAW Webinar

Obama Care for Employers — USLAW Webinar

New Hampshire employment lawyer Beth Deragon will be a co-presenter at Preparing to Implement ObamaCare, on Tuesday, April 30, 2013 (1 p.m. Eastern time), a webinar that will highlight for employers the provisions of the Patient Protection…

Rank this Week: 1223

Psychology and Mental Health Law…

Psychology and Mental Health Law Blog

Covers health law, psychology and mental health law. By George F. Indest III, P.A.

http://mentalhealthlawblog.wordpress.com/

Apr 26
Mental Health Counselors, Psychologists, Social Workers and Family Therapists Should Be Sure They Carry Insurance to Cover Complaints Against Their License

Mental Health Counselors, Psychologists, Social Workers and Family Therapists Should Be Sure They Carry Insurance to Cover Complaints Against Their License

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law From our experience mental health counselors, psychologists, social workers and family therapists are at a high risk of having a client or patient…
Mar 28
Central Florida Mental Health Counselor Accused of Heading Up $3 Million Medicaid Fraud Scheme

Central Florida Mental Health Counselor Accused of Heading Up $3 Million Medicaid Fraud Scheme

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law, and Michael L. Smith, J.D., R.R.T., Board Certified by The Florida Bar in Health Law A registered mental-health counselor is accused of running…
Jan 18
Finding a Healthcare Providers Service Organization (HPSO) Insurance Defense Lawyer

Finding a Healthcare Providers Service Organization (HPSO) Insurance Defense Lawyer

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We are sometimes told by the health professionals we represent especially pharmacists, licensed mental health counselors (LMHCs), advanced…

Rank this Week: 4317

GreisGuide to LTACHs

Presents business and legal resources for long term acute care hospitals.

http://greisguide.com

Apr 25
Wake Up Call for Providers: Flurry of Settlements with Healthcare Facilities for Failures to Provide Auxiliary Aids to Disabled Individual

Wake Up Call for Providers: Flurry of Settlements with Healthcare Facilities for Failures to Provide Auxiliary Aids to Disabled Individual

In April 2013, the U.S. Department of Justice (DOJ) announced the settlement of five investigations with healthcare providers concerning access to services for persons who are deaf and hard of hearing. These recent settlements stem from the…
Apr 25
LTCH Quality Reporting Program Requirements for FY 2014: May 15 Deadline for FY 2014 Payment Determination

LTCH Quality Reporting Program Requirements for FY 2014: May 15 Deadline for FY 2014 Payment Determination

LTCH Quality Reporting Program Requirements for FY 2014: May 15 Deadline for FY 2014 Payment Determination
Jan 5
Expiration of the Long Term Care Hospital Development Moratorium: A Lasting Development Opportunity?

Expiration of the Long Term Care Hospital Development Moratorium: A Lasting Development Opportunity?

Under the Medicare, Medicaid and SCHIP Extension Act of 2007 (the Act), as amended, Congress imposed an initial three-year moratorium on the establishment of new Long Term Care Hospitals (LTCH), on LTCH satellite facilities and on increases…

Rank this Week: 1736

Health Care Law Blog

Covers health care reform, HIPAA, compliance, regulations, billing/payment, Medicare & Medicaid, fraud & abuse, employment, tax and other related topics. By Foster Swift Collins & Smith PC.

http://www.healthlawyersblog.com/

Apr 21
Bills Call For Nurse Staffing Quotas in Michigan Hospital

Bills Call For Nurse Staffing Quotas in Michigan Hospital

California is the only state in the country that has mandated nurse-to-patient ratio requirements for hospitals. If the Michigan Nurses Association and Democratic lawmakers are successful in their current legislative efforts, Michigan will…
Mar 26
Antitrust Lawsuit Against Blue Cross Blue Shield of Michigan ("BCBSM") Dropped by the Justice Department

Antitrust Lawsuit Against Blue Cross Blue Shield of Michigan ("BCBSM") Dropped by the Justice Department

On Monday, March 25, 2013 the Department of Justice along with Blue Cross Blue Shield of Michigan ("BCBSM") jointly filed a motion to dismiss the case against BCBSM regarding their "most-favored nation" contracts. This lawsuit had…
Mar 19
Blue Cross Blue Shield of Michigan Conversion Bills Signed into Law

Blue Cross Blue Shield of Michigan Conversion Bills Signed into Law

While many thought the Blue Cross Blue Shield of Michigan ("BCBSM") conversion bills would be signed into law at the end of 2012, it was not until March 18, 2013 that Governor Snyder signed the proposed legislation into law. The BCBSM…

Rank this Week: 3491

Pharmacy Law Blog

Covers health law and pharmacy law. By George F. Indest III, P.A.

http://pharmacylawblog.wordpress.com/

Apr 19
Nation Rx Drug Abuse Summit Held in Central Florida-Leaders Share Struggles and Triumphs in “War Against Prescription Drugs”

Nation Rx Drug Abuse Summit Held in Central Florida-Leaders Share Struggles and Triumphs in “War Against Prescription Drugs”

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law From April 2 through April 4, 2013, the country’s leading experts on the prescription drug epidemic met in Central Florida for the National…
Apr 3
United Parcel Service (UPS) Agrees to Pay Settlement for Online Pharmacy Shipping

United Parcel Service (UPS) Agrees to Pay Settlement for Online Pharmacy Shipping

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law United Parcel Service, Inc. (UPS) will pay $40 million to the Department of Justice (DOJ) to settle a probe related to its shipments ……
Mar 29
Food and Drug Administration (FDA) Recalls Products from Two Different Compounding Pharmacie

Food and Drug Administration (FDA) Recalls Products from Two Different Compounding Pharmacie

By Carole C. Schriefer, R.N., J.D., The Health Law Firm and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Two different compounding pharmacies have recently recalled products due to concerns from…

Rank this Week: 3826

Dentistry Law Blog

By George F. Indest III.

http://dentistrylawblog.wordpress.com/

Apr 16
More Than 7,000 Patients of Oklahoma Dentist Are Being Asked to Get Tested for HIV and Hepatiti

More Than 7,000 Patients of Oklahoma Dentist Are Being Asked to Get Tested for HIV and Hepatiti

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The unsanitary practices of an Oklahoma dentist may have exposed more than 7,000 patients to HIV and hepatitis, according to a number of ……
Jan 23
Locating a Healthcare Providers Service Organization (HPSO) Insurance Defense Attorney in Florida Company Case

Locating a Healthcare Providers Service Organization (HPSO) Insurance Defense Attorney in Florida Company Case

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We are sometimes told by the health professionals we represent especially pharmacists, licensed mental health counselors (LMHCs), advanced…
Jan 17
Dentists Must Be Certain to Maintain Continuing Education Requirement

Dentists Must Be Certain to Maintain Continuing Education Requirement

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Those who are licensed by the Department of Health (DOH) must be sure they are maintaining their continuing education requirements by taking the…

Rank this Week: 4148

False Claims Act & Qui Tam Law

Covers the False Claims Act, Qui Tams, whistleblowers, and other related collateral proceedings, with special emphasis on health care fraud. By A. Brian Albritton.

http://falseclaimsactlaw.blogspot.com/

Apr 9
The Sixth Circuit Limits FCA Liability Arising Under Express and Implied Certifications: US ex rel Hobbs v. Medquest Associate

The Sixth Circuit Limits FCA Liability Arising Under Express and Implied Certifications: US ex rel Hobbs v. Medquest Associate

In United States ex rel Hobbs v. Medquest Associates, Inc., 2013 WL 1285590 (6th Cir. April 1, 2013), the Sixth Circuit reversed an $11 million False Claims Act judgment and rejected the Government's attempt to turn a health care provider's…
Apr 1
Contract Damages in False Claims Act Cases: the 7th Circuit Adopts a Net Trebling Approach to Calculating Damage

Contract Damages in False Claims Act Cases: the 7th Circuit Adopts a Net Trebling Approach to Calculating Damage

The Seventh Circuit recently adopted a common sense "contract damages" approach in assessing damages in False Claims Act cases: United States v. Anchor Mortgage Corporation, 2013 WL 1150213 (7th Cir. March 21, 2013). Essentially, the Court…
Mar 11
Eighth Circuit Finds that Relators Are Entitled to Share of FCA Settlement Obtained by Government Because Their Suit Resulted in Defendant Making a Voluntary Disclosure on a Different Claim

Eighth Circuit Finds that Relators Are Entitled to Share of FCA Settlement Obtained by Government Because Their Suit Resulted in Defendant Making a Voluntary Disclosure on a Different Claim

In a rather remarkable case, the Eighth Circuit Court of Appeals in a split decision affirmed an estimated $6.9 million qui tam award to two relators who, the Government argued, did not actually allege a claim against the defendant,…

Rank this Week: 1774

The Official Medicare Blog and…

The Official Medicare Blog and Information Resource

Follows the issues related to Medicare Set Asides and MMSEA compliance. By MEDVAL, LLC.

http://medicaresetasideblog.com

Apr 9
We finally have some guidance on Benzodiazepines and Barbiturate

We finally have some guidance on Benzodiazepines and Barbiturate

Yesterday, CMS issued the following alert: On October 2, 2012, the Centers for Medicare & Medicaid Services (CMS) issued a memorandum to Part D Sponsors concerning the transition to Part D Coverage of Benzodiazepines and Barbiturates…
Apr 8
CMS Doesn't Want a Court Order Approving Its Full Reimbursement?

CMS Doesn't Want a Court Order Approving Its Full Reimbursement?

CMS relies heavily upon the basic premise of the Supremacy Clause in that the MSP is a federal law and, as a general proposition, supersedes state law. However, I frequently question the extent of the applicability to MSP debt given that the…
Apr 2
Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) Town Hall Event

Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) Town Hall Event

The CMS will be hosting a WCMSA teleconference on April 11, 2013. This event will provide stakeholders an opportunity to learn more about the Workers’ Compensation Review Contractor (WCRC), and discuss procedural matters that are not…

Rank this Week: 2941

California Healthcare Lawyers Blog

By Kolah Law, P.C.

http://www.californiahealthcarelawyersblog.com/

Apr 1
Planning for Nothing.

Planning for Nothing.

What is the limit of one's talent? Our mind? Our weaknesses? Our ability or limited ability to aspire? Or just the realization that we are working in a limited form of reality and at the end of the day we must give in to it? How do you…
Mar 28
Telehealth: The Basics Every Physician Should Know.

Telehealth: The Basics Every Physician Should Know.

Telehealth (formerly "telemedicine") has been around for some time; however, in 2007 and 2008 alone there has been more than a dozen new developments in the law across the country over each one-year period. Telehealth and the laws that…
Feb 7
Medical Office Leases and Healthcare Referral Laws, Part I

Medical Office Leases and Healthcare Referral Laws, Part I

Providing medical services falls into a specialized area of law because of the numerous and complicated legal requirements governing them. Medical office leases are a part of that complex configuration and are more complex than standard…

Rank this Week: 4270

CAMLAW : Complementary And…

CAMLAW : Complementary And Alternative Medicine Law Blog

Covers chiropractic, dietary supplements, ethical issues, insurance, malpractice and risk management, spirituality and yoga. By Michael H. Cohen.

http://www.camlawblog.com/

Mar 31
Mediating HealthCare and Other Disputes: Mediation and Healing

Mediating HealthCare and Other Disputes: Mediation and Healing

Mediation uses many techniques from the healing arts, and can be even further enhanced by knowledge of energy healing.Specifically, someone trained in techniques such as perceiving chakras, aligning intention, sending energy, and repairing…
Mar 18
A Friend of All Faiths: A Multidimensional Memoir - new review

A Friend of All Faiths: A Multidimensional Memoir - new review

"Your Friend of All Faiths book arrived on Friday in time for me to start reading it over the weekend. Am about at the halfway point. I’m really enjoying your multi-dimensional quest, and your vivid characterizations of self and others.…
Mar 10
Cowboy Desert

Cowboy Desert

Last night I dreamed that I wrote a bestseller called Cowboy Desert (TM), which was made a movie. I asked what this meant, and received this poem. COWBOY DESERT A spiritual cowboy on the frontiers of consciousness exploring…

Rank this Week: 1887

Health Care Fraud Blog

Covers durable medical equipment fraud, HIPAA violations, insurance fraud, medicaid fraud, and medicare fraud. By Robert David Malove.

http://www.healthcarefraudblog.com/

Mar 26
OIG Issues Special Fraud Alert - PODs "Inherently Suspect"

OIG Issues Special Fraud Alert - PODs "Inherently Suspect"

WASHINGTON (March 26) – The Office of the Inspector General of the Health and Human Services Department has issued a Special Fraud Alert that physician-owned distributorships (PODs) are “inherently suspect” under the…
Mar 13
Convicted Houston Doctor Sentenced to More than 5 Years Behind Bar

Convicted Houston Doctor Sentenced to More than 5 Years Behind Bar

HOUSTON (March 13) - A Texas doctor who was convicted of conspiracy to commit health care fraud and six counts of false statements relating to health care matters was sentenced today to serve 63 months behind bars. Ben Harris Echols, 63,…
Jan 30
Deputy AG Lanny Breuer Leaves Justice Department

Deputy AG Lanny Breuer Leaves Justice Department

Washington (Jan. 30) -- Assistant attorney general of the Criminal Division, Lanny Breuer, is leaving the Justice Department. Breuer gained notoriety for defending president Bill Clinton against impeachment and for defending four-time Cy…

Rank this Week: 1823

HIPAA Health Law

Covers legal issues, developments, and other pertinent pertinent information relating to the creation, use, and exchange of electronic health records. Published by Helen Oscislawski of Fox Rothschild.

http://hipaahealthlaw.foxrothschild.com/

Mar 26
Omnibus Rule Takes Effect Today - Or Does It?

Omnibus Rule Takes Effect Today - Or Does It?

The HIPAA/HITECH Omnibus Rule that appeared in the January 25, 2013 Federal Register contained this cryptic and apparently contradictory statement: DATES: Effective date: This final rule is effective on March 26, 2013. Compliance date:…
Feb 17
The New and Improved HIPAA/HITECH Rules: What Employers Need to Know

The New and Improved HIPAA/HITECH Rules: What Employers Need to Know

On February 7, 2013, our partner Keith McMurdy, Esq., posted an excellent entry on the Employee Benefits Blog of Fox Rothschild LLP that merits republishing for our readers as well. The post outlines some direct effects of the new HIPAA…
Feb 1
Collateral Effects of the Omnibus Rule: Exercise Caution in Using Past OCR Summaries on Large PHI Breaches as a Roadmap for Future Guidance

Collateral Effects of the Omnibus Rule: Exercise Caution in Using Past OCR Summaries on Large PHI Breaches as a Roadmap for Future Guidance

In the wake of the post-Omnibus Rule (the “Rule”) frenzy, it is necessary to consider some collateral effects that the Rule may have brought about with respect to compliance with HIPAA/HITECH. The Office of Civil Rights…

Rank this Week: 4617

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