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The Legal Diagnosis

Health Care and Life Sciences Law Blog

A law blog devoted to the legal implications for doctors, hospitals, and life science companies.

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Jun 25, 2019

Whistleblower Complaints Resulting in Increased MFCU Investigations

Considering the significant financial incentives and awards provided to whistleblowers, it should come as no surprise that there has been a marked increase in the number of health care fraud investigations commenced by federal and state agencies.  The New York State Medicaid Fraud Control Unit (“MFCU”) is one such agency and is increasingly worthy of the attention of health care practitioners who treat Medicaid patients in the state. » Read More

Jun 04, 2019

Watching and Waiting for the Expansion of the Medicinal Marijuana Program in New Jersey

It comes as no surprise that New Jersey is moving forward in expanding the medicinal marijuana program.  Since Gov. Murphy took office less than a year and-a-half ago, the number of patients enrolled in the program has almost tripled, and the qualifying conditions have significantly expanded, with the latest condition — opioid use disorder –being added in January 2019.» Read More

Apr 30, 2019

Need for Academic Medical Centers to Change Model

Academic Medical Centers must find better ways to deliver and manage lower acuity care as price becomes a more significant factor for patients seeking care.  A recent PricewaterhouseCooper’s Health Research Institute survey found that 50% of patients surveyed said they would not pay more for specialty medical care at an academic medical center (AMC).» Read More

Apr 03, 2019

Physicians Role and Responsibilities in End-of-Life Request

New Jersey residents recently gained the “right to die,” as the legislature passed the Medical Aid in Dying for the Terminally Ill Act on March 25, 2019. This act gives terminally ill New Jersey residents, who have six months or less to live, the right to request oral medication to end their life.» Read More

Mar 15, 2019

Fitness Data for Corporate Health Programs Raises Privacy Concerns

Fitness trackers have not only become a prominent part of everyday life, but also a big part of corporate wellness programs. Since fitness watches and health tracking phone apps have risen in popularity, companies have started to integrate these technologies into their wellness programs. » Read More

Mar 14, 2019

Medical Malpractice “Crisis” Back in the News

In January 2019, the Pennsylvania Supreme Court Civil Procedure Rules Committee proposed a rule change to allow medical malpractice plaintiffs to file suit in any county where the defendant regularly did business.  This proposed change would do away with the present rule requiring injured patients to file their claims only in the county where the alleged negligence occurred.» Read More

Feb 19, 2019

Hospital Pricing Transparency: Are Comparisons Now Possible?

As this blog previously addressed, the price disclosure requirement issued by the Department of Health and Human Services emanated from the Affordable Care Act and requires hospitals to post price information on the internet in a machine-readable format. Starting on January 1, 2019 this became an affirmative obligation for hospitals.» Read More

Feb 07, 2019

Stark and Antikickback Statute Reforms on the Way?

At a Brookings Institution event last month, Eric Hargan, Deputy Secretary of the Department of Health and Human Services (HHS), announced that the agency will be issuing proposed rules to revise federal fraud and abuse regulations that are seen as hampering care coordination and the transformation to a value-based health care system.» Read More

Feb 05, 2019

Hospital Price Transparency Rules Now in Effect

Starting January 1, 2019, hospitals have been reporting their standard charges online in an easily accessible format, due to a new rule from the Centers for Medicare and Medicaid Services (CMS).

With the passage of the Affordable Care Act, hospitals were required to release a list of prices for their items and services to the public; however, the initial rulemaking required that either the charges themselves be made public, or the hospital’s policy for allowing public review of the hospital’s charges upon request be made public. » Read More

Jan 31, 2019

Lawsuits Allege Oxycontin Manufacturers Mislead the Public About Addiction Risk

There can be no doubt that the dominant and most oft-debated legal issue affecting the practice of medicine today is the prescribing of controlled substances to patients for pain. At the forefront of the debate is the drug Oxycontin, a powerful opioid produced by the privately-held company Purdue Pharma.» Read More

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