Health Law Matters

Showing 32 posts by Brian F. Higgins.

Innovate and Pay for Value: Goals of New Anti-Kickback and Civil Monetary Penalty Rules

Peppered with references to ride sharing, interoperability, cybersecurity, and electronic health records, the Office of Inspector General’s (OIG) proposed rules to the Anti-Kickback Statute and Civil Monetary Penalty Rules read like they were drafted by a Silicon Valley health app developer. Read More ›

Denying a Patient Access to Their Records Can Cost You

In a first of its kind enforcement action, the Office of Civil Rights at the Department of Health and Human Services ("HHS") entered into a resolution agreement with Florida-based Bayfront HMA Medical Center, LLC (“Bayfront”) pursuant to its Right of Access Initiative for failing to provide timely access to a patient’s protected health information. Read More ›

Ohio, Let’s Talk About C-B-D, Let’s Talk About Hemp Baby

It’s official — with Governor DeWine’s signature, Senate Bill 57 legalized hemp-derived products like cannabidiol (CBD) oil in the state of Ohio. With this law, Ohio catches up to several other states and the federal government in making products from this type of cannabis plant legal to sell and use without a recommendation from a physician and without purchase from a licensed medical marijuana dispensary.  Read More ›

Long-Term Care Facilities – Update Your Residential Agreements with Binding Arbitration Provision

According to the Centers for Medicare & Medicaid Services (CMS) final rule, effective September 16, 2019, long-term care (LTC) facilities can try to cut down on the cost of litigation by implementing a pre-dispute arbitration agreement with residents. Read More ›

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 ›

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 ›

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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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