Health Law Matters

Showing 26 posts by Brian F. Higgins.

Physician Alert: Patient Informed Consent for Medical Marijuana Treatments

State laws vary considerably in terms of the professional obligations they place on physicians obtaining a patient’s informed consent for the use of medical marijuana. Ohio, for example, requires a physician to document in the medical record the patient’s consent (or legal representative’s consent if the patient is a minor) to medical marijuana treatment prior to completing a recommendation. Ohio Administrative Code 4731-32-03. Read More ›

Hemp and CBD Sales Bill Cultivated in Ohio

Hemp and CBD Sales Bill Cultivated in Ohio

Hemp is not marijuana – let us start there. This is a critical distinction the Ohio legislature has learned through the lobbying efforts of our firm’s government relations subsidiary, CivicPoint LLC. CivicPoint has helped inform state lawmakers and advance a bill to legalize hemp and hemp-derived cannabidiol (CBD) products. Read More ›

Medical Marijuana and the Terminally Ill: How Ohio Hospice Programs Can Learn to Cope with “Dope”

With nearly 20,000 registered Ohioans with medical marijuana recommendations, it is inevitable that Ohio Hospice program leaders will need to make a decision on medical marijuana as soon as possible. Read More ›

New Medical Marijuana Developments Show Green Wave Cresting Across the Country

New developments in D.C. this past month suggest the federal government’s stringent position on medical marijuana continues to erode. Additionally, the last bastion of states yet to legalize medical marijuana might be coming around to the idea, as evidenced by two new bills introduced in Kentucky and Tennessee to initiate medical marijuana programs. Read More ›

EKRA’s Interaction with the Anti-Kickback Statute: Just What the Government Intended

Medical Kickbacks

Labs, clinical treatment facilities, and recovery homes BEWARE! If you are currently using marketers/distributors/sales personnel to market your services, you will need to evaluate your agreements with these people immediately. Read More ›

Recommending Physicians Get Ready: Ohio BOP Announces Launch of Patient & Caregiver Registry for Ohio Medical Marijuana Program

Ohio Medical Marijuana Dispensary

Don’t criticizeeeeeee it” – the State Board of Pharmacy, that is, because the State Board of Pharmacy did its job, announcing today that the “Patient and Caregiver Registry” for the Ohio Medical Marijuana Control Program has been activated, just before dispensary products are expected to be available to patients. Read More ›

Congress Seeks to Strengthen Response to the Opioid Crisis Through the Support for Patients and Communities Act

Blue pills

On October 3, 2018, Congress approved the SUPPORT for Patients and Communities Act (H.R. 6). This bipartisan legislation is now headed to President Trump’s desk, to be signed into law. H.R. 6 aims to accomplish two main objectives: stopping the sale and use of opioids and expanding treatment options for those who are suffering from opioid addiction. Read More ›

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. First, physicians should understand that making a recommendation for medical marijuana has been interpreted by a federal court as being protected by the First Amendment. Thus, medical marijuana recommendations do not violate federal law. 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 ›

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Attorney Spotlight

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

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