A Capehart Scatchard Blog

Embryos Destroyed in Alabama Cryogenic Nursery

By on February 29, 2024 in Court Rulings with 0 Comments
Embryos Destroyed in Alabama Cryogenic Nursery

Liability Concerns for Physicians, Providers, Hospital and Reproductive Clinics following the Alabama Supreme Court Ruling in LePage v. Center for Reproductive Medicine – the “Sanctity of Human Life” Opinion Much has been written in social media about the recent decision by the Supreme Court of Alabama in LePage v. Center for Reproductive Medicine. While the […]

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Strategies for Re-Opening Smart in the (Post) COVID World

You have been watching the news, waiting, or in some cases desperately waiting for the government to “re-open the economy.”  There are steps you can and should take to prepare your company to open safe legally. Human Resources:  The world of HR changed rapidly during the pandemic.  The federal and state governments passed new laws […]

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Preventative Legal Medicine

It is a story often heard by health care lawyers.  Clients come into the office regarding a dispute with their partners, their investors, a shareholder, or a party interested in a venture.  They tell the lawyer how they have an agreement (shareholder, operating or a partnership agreement).  The client feels like it is all “black […]

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There’s A Rule For That

By on September 13, 2018 in NJ Healthcare Law, Regulation with 0 Comments

Health care is “under innovation.” No matter how health care is reformed, new and old arrangements will remain highly regulated, with new technology and collaborations moving faster than the law can adapt. Outdated regulations, some not amended in over two decades, may seem no longer relevant, but regulators won’t hesitate to use them. Innovators in health […]

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New Jersey Rule Takes Effect Governing Prescribers’ Compensation from Pharma

By on January 26, 2018 in NJ Healthcare Law, Regulation with 1 Comment

New Jersey prescribers receiving almost anything of value from a pharmaceutical manufacturer, must ensure that such compensation complies with a new state regulation that took effect January 16, 2018.  The rule, Limitations on and Obligations Associated with Acceptance of Compensation from Pharmaceutical Manufacturers by Prescribers, was adopted as one of the last acts of the […]

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New “One Room” Law Eases Restrictions on Surgical Practices In NJ

By on January 22, 2018 in Legislation, NJ Healthcare Law with 0 Comments

On January 12, 2018, the New Jersey Legislature signed the “One Room” bill (A-4995/S-278) into law. The “One Room” law is set to bring much needed relief to surgical facilities in the State of New Jersey. Under the new law, surgical practices may apply for licensure as ambulatory care facilities with the New Jersey Department […]

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When it Comes to Diagnostic Testing, Be Careful of the Company You Keep

The U.S. Attorney’s Office for the District of New Jersey reorganized its health care practice in 2010 and created a stand-alone Health Care and Government Fraud Unit to handle both criminal and civil investigations and prosecutions of health care fraud offenses. Since then, that office has recovered more than $1.36 billion in health care and […]

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Telemedicine Essentially Missing from MACRA MIPS Final Rule

By on October 19, 2016 in Medicare, NJ Healthcare Law with 0 Comments

The final rule on MACRA’s Merit-Based Incentive Payment System (MIPS), the new Medicare payment model, scheduled to take effect on January 1, 2017, made a significant change to the 2015 proposed rule in that it largely eliminated quality scoring for telemedicine and remote monitoring services to Medicare beneficiaries from MIPS.  MIPS will be the quality […]

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Physician Assistants’ Enhanced Role in New Jersey requires Proper Supervision

By on October 11, 2016 in NJ Healthcare Law, Uncategorized with 0 Comments

Earlier this year, the State of New Jersey enacted amendments to the statutes governing the scope of practice of physician assistants (“PA”). Although there are likely State Board of Medical Examiner regulations forthcoming to provide further clarity on PA practice, the new statutes provide more autonomy to PA’s, which can be a both a boon […]

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The Importance of Having an Updated Business Associate Agreement

By on October 4, 2016 in HIPAA, NJ Healthcare Law with 0 Comments

As part of its increased enforcement efforts, the Office of Civil Rights of the US Department of Health and Human Services (OCR) recently entered into a $400,000 settlement with a Rhode Island hospital for failure to update its business associate agreement as required under the Privacy and Security Rules of the Health Insurance Portability and […]

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