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Medical Marijuana: Weeding Through the New Massachusetts Law
November 7, 2012 | Blog | By Daria Niewenhous, Dianne Bourque
Massachusetts voters passed a referendum question eliminating state criminal and civil penalties for the medical use of marijuana by patients with certain “debilitating medical conditions,” including cancer, glaucoma, HIV, AIDS, hepatitis C, Crohn’s disease, Parkinson’s disease, ALS, or multiple sclerosis.
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2013 Medicare Physician Fee Schedule: Issues of Interest to Independent Laboratories
November 2, 2012 | Blog | By Karen Lovitch
Yesterday the Centers for Medicare & Medicaid Services (CMS) published a final rule with comment period implementing the Medicare Physician Fee Schedule for 2013, and it covers a number of issues of interest to independent laboratories.
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House Committee Moving Forward with Subpoena Regarding Medicare Advantage Demonstration Project
October 22, 2012 | Blog | By Karen Lovitch, Theresa Carnegie
As discussed in our recent post on the new Medicare Advantage (MA) star ratings, there is ongoing controversy regarding HHS’s Medicare Advantage Quality Bonus Payment Demonstration Project.
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Confounding Issues about Compounding Pharmacy Regulation*
October 17, 2012 | Blog | By Karen Lovitch
New England Compounding Center (NECC) distributed contaminated syringes that caused a meningitis outbreak – killing fifteen people in fifteen states. Officials estimate that as many as 14,000 patients may have received injections of steroids compounded by NECC from contaminated syringes.
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New Star Ratings for Medicare Advantage and Prescription Drug Plans Go Live
October 12, 2012 | Blog | By Karen Lovitch, Theresa Carnegie
Earlier today, CMS made available its 2013 Medicare Health Plan Quality and Performance Ratings, also called “Star Ratings.” The Star Ratings will assist enrollees during the annual enrollment period that extends from October 15, 2012 to December 7, 2012 and will also play a significant role in determining reimbursement rates for Medicare Advantage Plans.
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HHS OIG Identifies Shortcomings in CMS’s Response to Data Breaches and Medical Identity Theft
October 11, 2012 | Blog | By Karen Lovitch
Yesterday the U.S. Department of Health and Human Services Office of Inspector General (OIG) released the results of a study entitled CMS Response to Breaches and Medical Identity Theft.
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Corporate Integrity Agreements: OIG Provides Glimpse of the Future
October 11, 2012 | Blog | By Pamela Kramer, Hope Foster
The OIG held a roundtable meeting with representatives from 32 companies that have entered into Corporate Integrity Agreements (CIAs) since 2009. Following from the August 7, 2012, roundtable meeting, this week the OIG published a roundtable paper Focus on Compliance: The Next Generation of Corporate Integrity Agreements.
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Fiscal Year 2013 Work Plan Highlights OIG’s Medicare Parts C and D Priorities
October 9, 2012 | Blog | By Daria Niewenhous, Theresa Carnegie
Last week, the OIG published its FY 2013 Work Plan. The Work Plan summarizes new and ongoing reviews and activities that the OIG plans to pursue with respect to HHS programs and operations during FY 2013 and beyond.
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State and Federal Pharmaceutical Enforcement Litigation: What’s Next?
October 8, 2012 | Blog | By Karen Lovitch
I recently co-chaired an American Conference Institute (ACI) forum on Pharmaceutical Pricing Litigation, which featured a number of key players who provided their unique perspectives on state and federal litigation involving pharmaceutical manufacturers and their products.
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New York Governor Vetoes Legislation Intended to Conform State Self-Referral Ban to the Stark Law
October 5, 2012 | Blog | By Karen Lovitch
Earlier this week, New York State Governor Andrew Cuomo vetoed legislation that would have brought the State’s restrictions on physician self-referrals (the State Law) in line with the federal ban on self-referrals, which is commonly known as the Stark Law.
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Reimbursement and Payment Highlights from the HHS OIG's Work Plan*
October 4, 2012 | Blog | By Karen Lovitch
As reported in an earlier post, the U.S. Department of Health and Human Services Office of Inspector General (OIG) has released its Work Plan for Fiscal Year 2013 (Work Plan).
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HHS OIG Releases Work Plan for FY 2013
October 2, 2012 | Blog | By Karen Lovitch
HHS OIG posted its Work Plan for FY 2013 earlier today. The Work Plan is always of interest to the health care industry because it provides a roadmap of the HHS OIG's priorities for the coming fiscal year.
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ML Strategies Publishes Weekly Health Care Reform Update on October 1, 2012
October 2, 2012 | Blog | By Daria Niewenhous
ML Strategies has posted its weekly Health Care Reform Update. This publication provides timely and concise information on implementation of the Affordable Care Act, and other state and federal administrative and legislative activities related to health care reform.
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Bring-Your-Own Device Policies Present Special Challenges for the Health Care Sector
October 2, 2012 | Blog | By Karen Lovitch
The use of employee-owned devices in the business setting - often referred to as "bring-your-own-device" or "BYOD" - presents data security challenges for all businesses.
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Joint CMS, DOJ Letter on EHR’s Potential for Billing Fraud; AHA, AAHC Respond
September 25, 2012 | Blog | By Daria Niewenhous
Secretary Sebelius and Attorney General Holder issued a joint letter to the American Hospital Association and four other associations representing hospitals and medical centers, warning of indications that some providers are using electronic health records (EHRs) to upcode the intensity of patient care.
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Massachusetts DPH Proposes Amendments to Regulations to Implement Gift Ban Law Changes
September 24, 2012 | Blog | By Brian Dunphy
On September 19th, the Massachusetts Department of Public Health (“DPH”) published emergency amendments to its regulations, 105 CMR 970.000 et seq. (“Proposed Regulations”), designed to implement recent changes to the Massachusetts Pharmaceutical and Medical Device Manufacturer Code of Conduct, M.G.L. c. 111N (the “Gift Ban Law”).
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MEEI Breach Notification Prompts OCR Investigation and Settlement
September 18, 2012 | Blog | By Daria Niewenhous, Dianne Bourque
The most recent, published Office for Civil Rights (OCR) HIPAA enforcement action serves as an important reminder that self-reported breaches can and do lead to investigations and enforcement.
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The Antitrust Agencies' Latest Target: MFN Clauses
September 14, 2012 | Blog | By Karen Lovitch
On September 10, 2012, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) hosted a public workshop exploring the uses of most-favored-nation (MFN) clauses and their implications for antitrust enforcement policy.
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ML Strategies Publishes Weekly Health Care Reform Update on September 10, 2012
September 11, 2012 | Blog | By Daria Niewenhous
ML Strategies has posted its weekly Health Care Reform Update. This publication provides timely and concise information on implementation of the Affordable Care Act, and other state and federal administrative and legislative activities related to health care reform.
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California Assembly Votes to Amend State False Claims Act
August 24, 2012 | Blog | By Brian Dunphy, Carrie Roll
On August 16, 2012, the California Assembly passed a bill (AB 2492) amending California’s False Claims Act, Cal. Gov’t Code §§ 12650-12656 (“CA FCA”), which must be signed into law by Governor Jerry Brown.
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