Health Law Matters

Showing 9 posts in Laws & Regulations.

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 ›

Kentucky Supreme Court rules for employers on maximum prices for prescription drugs under Kentucky workers’ comp and against them on employee choice of pharmacy

Prescription Drug Pricing

The Supreme Court of Kentucky held in an opinion issued August 24, 2017 that Kentucky’s regulation regarding prescription drug pricing under Kentucky’s workers’ compensation system does not require, or even suggest, that published so-called “Average Wholesale Price” (AWP) figures set by drug manufacturers should be used to determine the maximum price a pharmacy may charge. Read More ›

New Tax Bill Threatens Important Tax-Exempt Bond Provisions

Private Activity Bonds (PABs) tax bill exploration

Although it is still very early in the tax reform process, provisions in the House tax bill proposing the elimination of advance refunding and private activity bonds (PABs) are cause for alarm within the municipal bond market. Read More ›

Ask the Blogger

Do you have a topic that you would like discussed in a future blog article? Please let us know. If you have a confidential question regarding a blog article, please feel free to contact the article's author directly, or let us know if you would like for someone to contact you directly.

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.

Top