A Capehart Scatchard Blog

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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Court Finds Terms in Hospital Invoices to be Unenforceable

By on May 5, 2016 in Medical Records with 0 Comments

On April 22, 2016, the New Jersey Appellate Division found that a hospital’s medical records processor could not enforce an arbitration clause, which was included in an invoice for fees charged in response to a request for medical records.[1] A law firm, on behalf of and authorized by its client, requested Medical Records Online Inc. […]

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Can a Corporation Be Your Doctor?

By on April 21, 2016 in Uncategorized with 0 Comments

With the recent and continuing proliferation of ambulatory care facilities, drug treatment facilities, and diagnostic, therapeutic, and ancillary care services frequently under the same roof as medical practices, it is essential that physicians and other licensed practitioners ensure that the structure of their practice complies with the Corporate Practice of Medicine (CPOM) doctrine and associated […]

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In Case of First Impression District Court Expands the Reach of the False Claims Act

By on March 14, 2016 in Uncategorized with 0 Comments

In a recent decision, Druding v. Care Alternatives, Inc.[1], the United States District Court for the District of New Jersey held that Medicare hospice certification provisions are conditions of payment, thereby effectively expanding the reach of the False Claims Act (“FCA”). The Defendant in the matter is a for-profit provider of end-of-life hospice care in […]

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When the General Counsel Isn’t Your Counsel

By on March 1, 2016 in Uncategorized with 0 Comments

In a series of recent Pennsylvania cases, the state appellate courts have squarely addressed the oft-asked question of who, or what, is the general counsel’s client, particularly in the scenario of legal proceedings wherein the general counsel has interacted closely with corporate executives.  As the U.S. Department of Justice (“DOJ”) has ramped up its enforcement […]

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Healthcare Reform Update: Budget Deal Impacts ACA Tax Provisions

By on January 28, 2016 in Uncategorized with 0 Comments

On December 18, 2015, President Obama signed the Consolidated Appropriations Act of 2016 (H.R. 2029) into law. The legislation affects several taxes implemented by the Affordable Care Act (“ACA”), however, the ACA’s substantive provisions will remain intact. Notably, the legislation delays the effective date of the excise tax imposed on high cost employer-sponsored health coverage, […]

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Time for a Checkup: Admitting Facilities Must Ensure Physicians Carry the Proper Medical Malpractice Insurance

By on December 8, 2015 in Uncategorized with 0 Comments

On September 29, 2015, the New Jersey Supreme Court, in Jarrell v. Kaul,[1] clarified what is actionable under the statutory medical malpractice insurance mandate imposed on physicians practicing medicine in the State of New Jersey. Notably, under the Court’s decision in Jarrell, healthcare facilities which grant privileges to physicians, both employees and contractors, have a […]

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