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This edition of our Health Law Alert discusses the December 3, 2009, “Report on Physician Compensation” recently released by New Jersey Attorney General Anne Milgram.
| 12/7/2009 | New Jersey Attorney General recommends new regulations to curtail potential conflicts of interest between physicians and industry |
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The CDC has issued new and more detailed guidance for health care employers in preparation for a potentially serious pandemic flu outbreak. The CDC’s focus on this subject serves as an important reminder for employers to get their communicable illness response plans updated and in place. | 9/1/2009 | The latest CDC guidance for health care employers for flu season |
| | Compliance required for physicians, dentists, ambulatory surgery centers, kidney dialysis centers, family planning clinics, home care services, mental health and drug rehabilitation centers, medical laboratories, hospitals, nursing facilities, health insurance companies, third-party administrators, pharmacies, law firms, transcription companies, health care software companies and other entities involved with health care information. | 8/25/2009 | http://www.nixonpeabody.com/linked_media/publications/Health_Law_Alert_8_25_2009.pdf |
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To assist small businesses and other entities, the FTC is delaying enforcement of the Red Flags Rule until November 1, 2009. | 7/29/2009 | http://www.nixonpeabody.com/publications_detail3.asp?ID=2861 |
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ONC Health Information Technology Policy Committee issues its recommendations of qualifications that define "meaningful use" for stimulus incentive payments to health care providers and hospitals | 7/23/2009 | http://www.nixonpeabody.com/linked_media/publications/Health_Law_Alert_07_23_09.pdf |
| | Physicians: beware of the free meal. States move to regulate the commonplace marketing practices of pharmaceutical and medical device companies. | 7/2/2009 | Gift Bans: Physicians: beware of the free meal. States move to regulate the commonplace marketing practices of pharmaceutical and medical device companies. |
| | On May 20, 2009, President Barack Obama signed the Fraud Enforcement and Recovery Act into law, introducing sweeping changes to the False Claims Act and providing hundreds of millions of dollars for enforcement. Also on May 20, 2009, Attorney General Eric H. Holder Jr. and Health and Human Services Secretary Kathleen Sebelius announced a new and aggressive interagency task force called the Health Care Fraud Prevention and Enforcement Action Team (HEAT) to combat Medicare and Medicaid fraud. Health-care fraud enforcement is clearly a top priority of President Obama's administration. Providers should expect to come under increased scrutiny. The attached Alert provides details on the enacted legislation and HEAT initiatives. | 6/2/2009 | May 2009: A “hot” month for combating fraud and abuse |
| | On April 30, 2009, the Federal Trade Commission (FTC) agreed to delay enforcement of the new “Red Flag Rules” from May 1, 2009, to August 1, 2009, to give creditors, including health-care providers, more time to develop and implement written identity theft prevention programs. | 5/1/2009 | FTC grants three-month delay of enforcement of Red Flag Rules for health-care providers |
| | The HITECH Act of the American Recovery and Reinvestment Act imposes more stringent regulatory requirements under the security and privacy rules of HIPAA, increases civil penalties for a violation of HIPAA, provides funding for hospitals and physicians for the adoption of health information technology, and requires notification to patients of a security breach. These broad new requirements will necessitate compliance by covered entities, business associates and related vendors in the health care industry. | 2/23/2009 | The Health Information Technology for Economic and Clinical Health Act (HITECH Act): implications for the adoption of health information technology, HIPAA, and privacy and security issues. |
| | Do your residency programs have duty hour citations? Do the results of your ACGME Resident Surveys reflect noncompliance with duty hour requirements? Could your program or even the sponsoring institution be at risk for an immediate ACGME site visit? What recommendations did the Institute of Medicine make last week about adjustments to duty hour limits? How has the ACGME responded? Teaching institutions should be asking all of these questions and more as they prepare for increased scrutiny and enforcement of resident duty hour limits. | 12/12/2008 | More rest for the weary? Prepare for increased scrutiny and enforcement of resident duty hour limits. |