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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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Aug 13, 2019

CMS Issues Proposed Rule on Stark Law Advisory Opinions

On July 29, 2019 Centers for Medicare & Medicaid Services (“CMS”) issued a proposed rule on modifications to the Stark Law advisory opinion regulations.  The proposed rule responds to comments CMS received in response to its July 25, 2018 Request for Information, seeking recommendations from the public on how CMS might address any undue impact and burden of the Stark Law.» Read More

Jul 15, 2019

The Targeting of Private Medical Office Data

Medical offices throughout the country are being targeted for the conversion of their data for illegal purposes. Most of what we hear about in the news concerns data breaches experienced by large corporations, involving information belonging to millions of individuals. Although these breaches affect many more people, they make privacy efforts of individual and group practitioners no less important.» Read More

Jul 08, 2019

When a Patient Refuses to Listen to Their Doctor

The all-too-common experience of a patient refusing treatment or testing, or simply being non-compliant has become rampant. In order for practitioners to protect themselves, medical documentation must be more diligent than ever. Patient non-compliance can result in a multitude of negative ramifications to the practitioner.» Read More

Jun 28, 2019

New HHS Fact Sheet on Direct Liability of Business Associates

With the passage of the Health Information Technology for Economic and Clinical Health (HITECH) Act, business associates became directly liable for certain privacy and security requirements under the Health Insurance Portability and Accountability Act (HIPAA).  Business associates are those individuals or entities (other than employees) who perform functions or activities on behalf of, or provide certain services to, covered entities which require access to protected health information (PHI).» Read More

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

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