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Health Law

Sebelius v. Cloer

Thursday, May 23, 2013

An untimely petition for compensation under the National Childhood Vaccine Injury Act may qualify for an award of attorney fees if it is filed in good faith and there is a reasonable basis for its claim.

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DuHammell v. Renal Care Group East Inc.

Thursday, May 23, 2013

Despite Medicare's issuance of "no review" letters, its interests are adequately protected by the reasonable and reliable set-aside amounts in the parties' settlement and plaintiffs' motion to enforce the settlement is granted.

In the Matter of A.N.

Wednesday, April 17, 2013

A Chancery Division order holding that expenditures from a special-needs trust shall not deprive the beneficiary of Medicaid benefits exceeded the court's subject-matter jurisdiction.

Significant Changes to HIPAA and HITECH

Thursday, April 11, 2013

On Jan. 25, the Office for Civil Rights of the Department of Health and Human Services published long-awaited final regulations modifying the privacy, security, enforcement and breach notification rules under HIPAA and HITECH, implementing the most significant changes to health-care privacy and security law in a decade.

McLean v. Liberty Health System

Wednesday, April 3, 2013

The trial court erred in prohibiting plaintiff from presenting the testimony of a second malpractice liability expert on the ground that his testimony would be duplicative and that error entitles plaintiff to a new trial.

Wos v. E.M.A.

Thursday, March 21, 2013

The federal anti-lien provision pre-empts a state's irrebuttable statutory presumption that one-third of a tort recovery is attributable to medical expenses.