Health Law Matters

Information Blocking and the API Standard: Proposed Rules Look to Shake-up Data in the Healthcare Industry

Patient receiving a CT scan

The Centers for Medicare and Medicaid Services (CMS) and the Office of the National Coordinator for Health Information Technology (ONC) released separate but connected proposed rules governing interoperability, information blocking, and the use of application programming interfaces (APIs) in the healthcare industry. Read More ›

Growing Products Liability Claims Against the Marijuana Industry

Marijuana products liability claims are inevitable. As the marijuana industry increases in size, and more states eventually legalize its use for medical or recreational purposes, it will become a target of litigation. Although only a small number of cases have been filed, manufacturers, retailers, and others along the marijuana supply chain need to prepare for the inevitable increase in claims against the industry, specifically those arising out of products liability.  Read More ›

Is ‘incident to’ billing for Medicare going . . .going . . . gone?

The Medicare Payment Advisory Commission (MedPAC) recommended to Congress in its June 2019 report that ‘incident to’ billing be eliminated. In response to MedPAC’s biennial reports, Congress normally holds hearings to listen to MedPAC’s commissioners and staff and then decide whether any legislation should be introduced based on the recommendations. Some recommendations are embraced while others are simply disregarded. But, given the government’s current focus on saving money for Medicare, this recommendation is not likely to be ignored. Read More ›

NLRB: Employers can bar nonemployee access to their facility's “public space” for promotional or organizational activity

hospital

The National Labor Relations Board (NLRB) recently issued a welcome decision that affords employers greater control over public areas (e.g., cafeterias or restaurants) located on their private property. In doing so, the NLRB overturned 38 years of dubious precedent. Employers now can prohibit nonemployee union representatives from engaging in promotional or organizational activity (e.g., solicitation and distribution) in their “public spaces” absent evidence of inaccessibility or activity-based discrimination – high burdens of proof for a union. UPMC and SEIU, 368 NLRB No. 2 (June 14, 2019). This decision will be applied retroactively. Read More ›

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Attorney Spotlight

James (Jim) A. Dietz is a Member at FBT who provides an array of legal services to hospitals, physicians, long-term care providers, diagnostic facilities, and others across the spectrum of patient care.

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