Health Law Matters

Showing 19 posts by Brian F. Higgins.

Ohio Physician's Guide to Cannabis Compliance 2.0: Budding Issues for Ohio’s Medical Marijuana Physicians

Co-Author: Maxwell Williams

Ohio Physician's Guesde to Cannabis Compliance Part 2

Cash only? Informed consent forms? Waivers of liability? The original Ohio Physician’s Guide to Cannabis Compliance (Part 1) was created to give Ohio M.D.s and D.O.s a starter pack for understanding Ohio’s Medical Marijuana Law, including the distinction between a prescription and a recommendation, and the all-important Rohrabacher Amendment, which requires strict compliance with state law to attempt to avoid prosecution under federal law. However, as more physicians obtain an Ohio Certificate to Recommend medical marijuana, deeper issues must be understood to limit liability associated with Ohio’s medical marijuana law and ensure legal compliance before designing a medical marijuana practice. Read More ›

CMS Removes Gag From Mouths of Pharmacists, as Ohio and Other States Follow Suit.

Co-author: Ashley Ramm

Scale of health care costs caused by gag clauses

In response to President Trump’s American Patients First Blueprint, the Centers for Medicare & Medicaid Services (CMS) sent a firm reminder to Medicare Prescription Drug Plan (Part D) sponsors that “gag clauses” are unacceptable and including such a clause would subject providers to CMS compliance actions. Read More ›

CMS Pushes Home Health Agencies into the Choice Demonstration

Co-author: Nathan Truitt

Ironically named the “Choice Demonstration,” the Centers for Medicare and Medicaid Services’ (CMS) latest claims review proposal essentially forces Home Health Agencies (HHAs) to participate. If HHAs choose not to participate, they will be saddled with 25 percent payment reductions. Read More ›

Grandma Wants Special Brownies? Ohio Nursing Facilities Prepare for Medical Marijuana

Ohio nursing facilities prepare for medical marijuana

“Grandma’s tremors appear to have gotten worse lately. She mentioned she wants to try medical marijuana oil; can she use that in the nursing home?” “Do you think those ‘special’ gummy bears could help mom’s chronic back pain?” Read More ›

Ohio Physician Alert: Application Available to Become Certified to Recommend Medical Marijuana

Ohio Physicians Can Recommend Medical Marijuana

Ohio doctors can now apply to become certified to recommend medical marijuana for treatment. The Ohio Medical Marijuana Control Program released a statement on Monday, March 19, 2018, stating that the State Medical Board of Ohio is now accepting applications for a certificate to recommend. Read More ›

Ohio Hospitals: Are You Ready for Medical Marijuana?

Physician recommended medical marijuana

Physicians interested in recommending medical marijuana are already completing the two hours of continuing medical education credit necessary before applying for a Certificate to Recommend from the State of Ohio. Read More ›

Green Grass in the Bluegrass: Kentucky’s Medical Marijuana Law

Medical Marijuana in Kentucky

To Kentucky, the grass must have literally been greener on the other side. After Kentucky lawmakers watched their neighbors in Ohio and West Virginia enact medical marijuana laws, they introduced a 65-page bill at the Kentucky statehouse Thursday morning to legalize medical marijuana. Read More ›

Dramatic Shift in Federal Enforcement Priorities Related to Legalized Marijuana Use

Medicinal Marijuana

In November of 2017, United States Attorney General Jeff Sessions announced that the Department of Justice (DOJ) would abide by the Rohrabacher–Blumenauer Amendment which has been interpreted as prohibiting the use of federal dollars to prosecute marijuana-industry participants in specific states that have legalized medical marijuana. Read More ›

Last-Minute Tips for Ohio’s Medical Marijuana Processor Applicants

Medical Marijuana processed into oils and edibles

It’s already a stressful time of year, but for those vying for a license to convert marijuana plants into edibles, patches and oils, things have been thrust into overdrive. Read More ›

CMS’ Cuts to the 340B Drug Payment Program Cause Hospital Uproar

CMS Cuts to the 340B Drug Payment Program

The Centers for Medicare and Medicaid Services (CMS) recently released a Final Rule that will cut 340B drug payments to certain hospitals beginning January 1, 2018. Read More ›

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Attorney Spotlight

Thomas D. Anthony is Chair of FBT's Health Care Industry Practice. He focuses on counseling health care entities on corporate transactions, regulatory compliance and joint ventures.

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