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Tag: ‘Health Law’

A Gap in the Armor? Affordable Care Act Faces Challenges

As the Affordable Care Act takes effect this month two lawsuits, pending in the Eastern District of Oklahoma and the D.C. District, challenge whether premium subsidies can be distributed through federal (as well as state) exchanges. While plaintiffs’ challenge is by no means assured of success, the potential implications of such an outcome underscore the uncertainty attending implementation of the […]

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Lawyers as Business Associates under HIPAA: Are You Ready?

Law firms with access to protected health information likely will find themselves classified as “business associates” under new HIPAA rules and therefore subject to new privacy, security, and breach-notification requirements governing their handling  of such information. On January 25, 2013, final rules implementing changes to HIPAA Privacy, Security and Breach Notification Rules were published in the Federal […]

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The Medicare Secondary Payer Act: Ethical Considerations in Settling Cases

Attorneys seeking to settle disputes under the MSP Act by including indemnification or hold-harmless agreements must exercise caution lest they inadvertently run afoul of ethical constraints or find the agreements themselves unenforceable. Since its inception, the Medicare Secondary Payer Act (MSP) has created a number of headaches for legal practitioners. One of the emerging issues […]

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Genetic Privacy in Minnesota: Unintended Conflicts and Consequences

A recent decision of the Minnesota Supreme Court highlights a range of personal data privacy questions regarding what “persons” other than governmental agencies are covered by the terms of the Genetic Privacy Act. On November 16, 2011, in Bearder v Minnesota1 the Minnesota Supreme Court held that the genetic information section of the Minnesota Government Data […]

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Federal Health Care Reform: A Renewed Commitment to Program Integrity

New federal legislation has transformed the regulatory environment for health care providers’ participation in federally funded health care programs. Heightened risks of liability mean health care providers and the lawyers who advise them need to be more aware of what the federal government expects. The Patient Protection and Affordable Care Act of 20101 (Affordable Care […]

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Minding Medicare’s Interests: It May Preserve Your Fiscal Health

Rising health care costs coupled with growing concern for the fiscal health of Medicare and Social Security have heightened federal authorities’ interest in controlling Medicare costs. Parties must reasonably consider Medicare’s past and future interests when settling a claim in the areas of general liability, automobile liability and workers compensation or risk action by the […]

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