Health Law Matters

Showing 22 posts by Brian F. Higgins.

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 ›

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 ›

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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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