Health Law Matters

Showing 12 posts in Laws & Regulations.

CMS Releases Long-Awaited Stark Proposed Rule

The Centers for Medicare and Medicaid Services (CMS) has released a long-awaited proposed rule that aims to reform and modernize the regulations (42 C.F.R. §411.350 et seq.) pertaining to the physician self-referral law (42 U.S.C. §1395nn), often referred to as the “Stark” law. Read More ›

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 ›

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 ›

CMS’s "Fresh Look” at Space Sharing Looks All Too Familiar.”

Hold the presses – CMS’s long-awaited guidance on shared space arrangements between hospitals and other entities is here. But it appears that the new guidance wasn’t worth the wait. If you are a hospital or other health care entity who has been standing by in hopeful anticipation of CMS’s “fresh look” at shared space arrangements, you will be sorely disappointed.  Read More ›

With CBD Legal, is THC in the Workplace A-OK?

The 2018 Farm Bill’s legalization of hemp set the stage for a resurgence in hemp production and the proliferation of hemp-derived cannabidiol (CBD) products. What’s more, numerous states have introduced or passed bills legalizing medical marijuana, despite marijuana’s classification as a Schedule 1 substance under federal law. 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 ›

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 ›

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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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