By Evan H. Krinick | July 5, 2017
Insurance Fraud columnist Evan H. Krinick writes: There seems to be no limit to the kinds of schemes that people create to defraud insurance companies and, by extension, the public, through higher premiums. Now, however, the New Jersey Supreme Court has issued a unanimous decision that certainly will help to reduce insurance fraud in New Jersey—and that, if its reasoning is adopted by other jurisdictions, likely will have the same effect in states across the country.
By newyorklawjournal | New York Law Journal | July 5, 2017
Evidence Supports ALJ's Finding on Disability; Opinion's Misattribution Not Significant
By Jennifer B. Cona | July 3, 2017
Jennifer Cona writes: The imposition of unwanted medical treatment still happens today in the context of incapacitated patients who reside in hospitals and nursing homes due to an apparent conflict between limitations placed on the powers of a guardian in some court jurisdictions versus the standards set forth under the Family Health Care Decisions Act.
By Richard Strassberg and William Harrington | June 29, 2017
In their Federal Civil Enforcement column, Richard Strassberg and William Harrington write: The eClinicalWorks settlement and OIG report will likely prompt a significant increase in enforcement activity related to electronic health records incentive payments. The authors review these developments, their ramifications, and steps EHR companies and health care providers can take to protect themselves from liability related to EHR incentive payments below.
By Josefa Velasquez | June 28, 2017
New York state is taking regulatory steps to ensure that health insurers maintain coverage for certain benefits currently provided under federal law…
By newyorklawjournal | New York Law Journal | June 20, 2017
ALJ Failed to Develop Record, Should Explain Her Decision Mental Impairments Not Severe
By P.J. D'Annunzio | June 13, 2017
The Third Department has allowed the wife of a man who suffered complications during heart surgery to access investigative findings from a state Department of Health review of the procedure that were previously withheld by the agency.
By Leslie A. Berkoff and Krista L. Kulp | June 12, 2017
Leslie A. Berkoff and Krista L. Kulp of Moritt Hock & Hamroff write: The power of bankruptcy courts to adjudicate Medicare provider agreements has been addressed by several circuit courts in recent years. Given the distressed nature of the health care industry and the continued bankruptcy filings by health care providers, this issue has become more prominent. However, several circuit courts determined that bankruptcy courts lack jurisdiction to adjudicate these issues; and, recently, the First Circuit took an unusual approach.
By newyorklawjournal | New York Law Journal | June 9, 2017
Evidence Supports RFC Finding; Treating Doctor's Opinion Inconsistent With Record
By Max Mitchell | June 2, 2017
The U.S. Court of Appeals for the Third Circuit has rejected attempts to revive 315 scuttled cases against Pfizer over claims that its anxiety medication Zoloft caused birth defects.
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