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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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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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The Importance of Trademarks in the Healthcare World

By on October 23, 2015 in Uncategorized with 0 Comments

The names, logos, and slogans of products and services in the healthcare industry are valuable assets, representing the established goodwill of a hospital, pharmaceutical company, health insurer, or even a local family practice.  In South Jersey, such well-known names as Virtua®, Cooper®, and Jefferson®, have secured their names and logos through the federal trademark registration […]

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NJ Legislative Update: New Law Strengthens Prescription Monitoring Program and Recently Passed Bill Paves the Way for New Surgical and Ambulatory Surgical Centers

By on October 6, 2015 in Uncategorized with 0 Comments

On July 18, 2015, Governor Chris Christie signed Senate Bill 1998/2119 (A3062) into law.  The law, which unanimously passed the New Jersey Legislature, revises the New Jersey Prescription Monitoring Program (PMP), to provide preventative measures against increased misuse and diversion of prescription pain medications.  Among other provisions, the law requires that pharmacists must submit to […]

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Court Holds that Husband’s Signature Binds Wife to Arbitrate Dispute with Nursing Home

By on September 3, 2015 in Uncategorized with 0 Comments

In a case that examines the confluence of contract law, agency, and a common healthcare industry practice during patient intake, which may ultimately have repercussions outside of Florida, a panel of the Court of Appeal of Florida, in Fi-Evergreen Woods, LLC v. Estate of Robinson, 2015 Fla. App. LEXIS 11195 (Fla. Dist. Ct. App. 5th […]

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No Medicare Reimbursement for Bad Debts Referred to and Active with a Collection Agency

By on August 11, 2015 in Uncategorized with 0 Comments

In a decision sure to raise the eyebrows of health care system CFOs all the way down to the accountants of sole practitioners, the United States District Court for the District of Washington D.C. recently upheld the Department of Health and Human Services’ (HHS) interpretation of 42 C.F.R. 413.89(e), as preventing providers from claiming a […]

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