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Connecticut Healthcare Law Bulletin
Spring 2014
QUARTERLY SUMMARY OF STATE LAW DEVELOPMENTS
  • 2nd Circuit Narrows Injunction in Suit Challenging United Healthcare’s Termination of Connecticut Physicians from Medicare Advantage Plans
  • Proposed Legislation Affecting Health Care in Connecticut
  • Connecticut Hospital Association Adopts Recommendation on Facility Fees
  • New Regulations for Payment of Behavioral Clinic Services Under Medicaid
  • Connecticut Superior Court Analyzes Duty of Care to Unidentifiable Third Parties
  • Medical Marijuana Sales to Start in the Summer
  • Connecticut Joins Global Settlement With CareFusion Corporation Involving Fraud Allegations
  • Connecticut Joins Global Settlement with Endo Pharmaceuticals Regarding Inappropriate Marketing Practices

QUARTERLY SUMMARY OF FEDERAL LAW DEVELOPMENTS

  • More Delays for Enforcement of the Medicare Two Midnight Rule

  • HHS and CMS Permit Patients Direct Access to Laboratory Test Results

  • Protections for Electronic Health Record Donations Extended

  • Rules Require That Providers Who Bill “Incident To” Must Comply with Applicable State Laws

  • IRS Notices Affecting Tax-Exempt Hospitals

  • OIG Issues Work Plan for 2014

  • OIG Approves Percentage-based Compensation for a Placement Agency’s Referrals to Senior Residential Communities

Winter 2014
QUARTERLY SUMMARY OF STATE LAW DEVELOPMENTS
  • Garfunkel Wild Wins Injunction Against United Healthcare; Connecticut Physicians Gain Reprieve in Medicare Advantage Termination Dispute

  • New Health Care Laws That Go Into Effect January 1, 2014

  • Appellate Court Reviews Qualification of Experts in Medical Malpractice Case

  • Department of Social Services Proposed Regulation Regarding FQHCs

  • New Online Complaint Form on Hospital Facility Fees

QUARTERLY SUMMARY OF FEDERAL LAW DEVELOPMENTS
  • Tuomey Judgment: $237.5 Million for Stark/FCA Violations

  • FDA Authority Over Compounding Pharmacies

  • Final Rules Published on Mental Health Parity

  • CMS Publishes Several Final Rules Affecting Medicare Policy and Payment for Calendar Year (CY) 2014

  • CMS Delays Enforcement of the 'Two-Midnight' Rule

  • Ordering and Referring Denial Edits Will Be Implemented on January 6, 2014

  • HHS Clarifies That Qualified Health Plans Under the Affordable Care Act Are Not Federal Health Care Programs

  • CMS Issues Two New Advisory Opinions Involving a Clinical Lab Providing Free Devices to Referring Physicians

  • OIG Publishes 2014–2018 Strategic Plan

  • OIG Advisory Opinion 13-15

  • HHS Issues Guidance on Disclosures to Law Enforcement and Marketing Practices

  • OCR Delays Enforcement of HIPAA Requirement for Certain CLIA and CLIA-Exempt Laboratories to Revise their Notices of Privacy Practices

Summer 2013
QUARTERLY SUMMARY OF STATE LAW DEVELOPMENTS
  • New Health Care Legislation Effective October 1, 2013

  • New Law Modifies Continuing Medical Education Requirements

  • New Law Limits Copayment For Physical Therapy Services

  • Governor Vetoes Bill Regarding Employer Use Of Noncompete Agreements

  • New Regulations For Collaborative Drug Therapy Agreements

  • CT Supreme Court Reviews Evidentiary Standard In Physician Disciplinary Proceedings

  • Attorney General To Seek Legislation Requiring Disclosure Of Facility Fees

QUARTERLY SUMMARY OF FEDERAL LAW DEVELOPMENTS
  • Enforcement of New HIPAA Rules Begins

  • Congressional Bill Introduced That Would Significantly Limit the Stark Exception for In-Office Ancillary Services

  • CMS Issues FY 2014 Inpatient Prospective Payment Final Rule

  • Other Regulatory Developments Regarding Fiscal Year 2014 Medicare Payment and Policy

  • CMS Issues Guidance On Policy Regarding Hospital Inpatient Admission Orders and Certifications

  • CMS Delays Enforcement of its DME Face-to-Face Requirement

  • New Regulation Requires Written Agreement Between Long Term Care Facilities and Hospice Providers

  • OIG Issues Report on Hospitals’ Use of Observation Stays and Short Inpatient Stays for Medicare Beneficiaries

  • OIG Issues Final Rule on Data Mining by State Medicaid Fraud Control Units

  • OIG Accepts Online Submissions of its Self-Disclosure Protocol

  • OIG Issues Negative Advisory Opinion on Proposed Agreement To Offer GPO Members an Equity Interest in GPO Parent Corporation

  • FDA Issues Several Guidance Documents

Spring 2013
QUARTERLY SUMMARY OF STATE LAW DEVELOPMENTS
  • New Regulation of Medical Spa Facilities
  • Appellate Court Addresses Balance Billing of Out-of-Network Providers
  • Anthem Agrees to Reprocess Mental Health Provider Claims
  • New Gun Bill Addresses Mental Health Issues
QUARTERLY SUMMARY OF FEDERAL LAW DEVELOPMENTS
  • Jury Finds Health System Violated the Stark Law and False Claims Act as a Result of Its Physician Employment Contracts
  • Congress Seeks to Overhaul Medicare Auditing
  • Medicare Issues Proposed Rule to Allow Part A to Part B Rebilling in Hospitals
  • Proposed Rules for Fiscal Year 2014 Medicare Payment and Policy
  • CMS and OIG Issue Proposed Changes to the Federal Stark Law Exception and Anti-Kickback Statute Safe Harbor for Electronic Health Records Donations
  • OIG Issues An Updated Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs
  • OIG Updates Its Provider Self-Disclosure Protocol
  • U.S. Supreme Court Upholds Arbitration Decision in Oxford Health Case
  • Idaho State University Settles Alleged Violation of HIPAA Security Rule for $400,000
Winter 2013
QUARTERLY SUMMARY OF FEDERAL LAW DEVELOPMENTS
  • OCR Publishes HIPAA/HITECH Omnibus Final Rule
  • CMS Publishes Final Sunshine Act Regulations
  • CMS Issues Proposed Rule Projected to Reduce Administrative Burdens and Save Providers $676 Million Annually
  • New FTC Clinical Integration Advisory Opinion - Norman PHO
  • OIG Okays Pre-Filled Rx Forms
  • OIG Permits Hospital to Provide Physicians With Free Access to Electronic Interface
  • OIG Allows FQHC to Offer Gift Cards to Encourage Visits to the Health Center
  • OIG Issues Favorable Opinion on Co-Management Agreements

 

Fall 2012
QUARTERLY SUMMARY OF STATE LAW DEVELOPMENTS
  • Connecticut Supreme Court Decision on Connecticut Family and Medical Leave Act
  • Letters of Protection in Cases of Personal Injury
  • New Law Involving Adverse Determination Reviews
  • Scope of Practice of Physician Assistants
  • Palliative Use of Marijuana
  • Administration of Vaccines by Pharmacists
  • Payments for Emergency Medical Treatment or Transportation
QUARTERLY SUMMARY OF FEDERAL LAW DEVELOPMENTS
  • OIG Finds Improvements are Needed at the ALJ Level of Medicare Appeals
  • FDA Issues Draft Guidance Regarding an IRB's Responsibility
  • DOJ and SEC Issue Long Awaited FCPA Guidance
  • Proposed Settlement Will Expand Medicare's Coverage Rules for Chronic Conditions
  • OIG Okays Waiver of Cost-Sharing Amount Based on Determinations of Financial Need
  • OIG Releases 2013 Work Plan
  • OIG Approves Radiology Group's Proposal to Offer Free Insurance Pre-Authorization Services
  • OIG Okays Hospital's On-Call Coverage Compensation Arrangement

 

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