A Capehart Scatchard Blog

There’s A Rule For That

By on September 13, 2018 in 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 Outdated regulations, some not amended in over two decades, may seem no longer relevant, but regulators won’t hesitate to use them.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 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 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

By on August 18, 2017 in Court Rulings with 1 Comment

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 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 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 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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Continuing to Fight the Opioid Addiction Epidemic: President Obama Signs the Comprehensive Addiction and Recovery Act

By on August 12, 2016 in CARA with 0 Comments

The national opioid addiction epidemic is one of the largest public health crises of our time. The U.S. Department of Health and Human Services reports that more people died from drug overdoses in 2014 than in any year on record, with the majority of drug overdose deaths (more than six out of ten) involving an opioid. In fact, drug overdoses […]

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General Wellness Products Get FDA Okay

By on August 3, 2016 in FDA with 0 Comments

The buzzword “wellness” has permeated the healthcare industry for the better part of a decade, with everyone from insurance companies, to hospital systems, to acupuncturists, to even cellular phone manufactures promoting “wellness.”  Given the ambiguous meaning of “wellness,” the Food and Drug Administration (FDA) recently jumped into the ring and issued non-binding guidance that it […]

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Health Equity Rule Issued under the Affordable Care Act

By on June 20, 2016 in Affordable Care Act with 0 Comments

On May 13, 2016, the Department of Health and Human Services (HHS) Office for Civil Rights issued a Final Rule implementing Section 1557 of the Affordable Care Act (ACA), which prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs and activities receiving federal financial assistance. Entities […]

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