• Health Care Law

Tracking Trends in Nursing Home Reorganization

The Legal Intelligencer

Tuesday, March 19, 2013

Courts throughout the nation recognize that "the era of the locally owned, 'mom and pop' nursing facility is gone. Increasingly, private investment groups own large chains of nursing homes.

Full-Time Employee Status Under Health Care Reform

The Legal Intelligencer

Tuesday, March 19, 2013

Beginning in 2014, many employers will be required to expand their current health insurance coverage to more employees or face stiff penalties resulting from the Patient Protection and Affordable Care Act.

Final Regulations Modifying HIPAA Enforcement, Privacy Rules Issued

The Legal Intelligencer

Tuesday, March 5, 2013

After long anticipation, on January 25, the U.S. Department of Health and Human Services (HHS) published final regulations in the Federal Register (Vol. 78, No. 17) modifying the HIPAA Privacy, Security, Enforcement and Breach Notification rules pursuant to the Health Information Technology for Economic and Clinical Health Act (HITECH), the Genetic Information Nondiscrimination Act (GINA) and HHS's general rulemaking authority.

OIG Approves Bonus Program for Quality Improvements

The Legal Intelligencer

Tuesday, February 5, 2013

One emerging trend in health care is a movement away from a fee-for-service payment system and toward rewarding performance or "value-based purchasing." In other words, it is an approach to attempt to pay providers for quality outcomes, rather than for quantity of services provided.

Obama Signs the SMART Act to Improve the Medicare Secondary Payer Act for Litigants

The Legal Intelligencer

Thursday, January 24, 2013

In recent years, amendments to the Medicare Secondary Payer Act made it risky — and sometimes, impossible — for litigants to settle personal injury cases involving plaintiffs whose medical bills had been paid by Medicare.

Caronia: A Serious First Amendment Rebuke to Federal Off-Label Marketing Prosecutions

The Legal Intelligencer

Tuesday, January 15, 2013

An unfortunate aspect of our legal system is that many important legal issues are not resolved by the courts because a controversy is not only too big to try, but also too big to be filed. A good example is federal-government-threatened civil and criminal claims against pharmaceutical manufacturers for "off-label" promotion, i.e., promotion of pharmaceutical products for uses other than those described on their FDA-approved labeling.

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