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Bill to Eliminate “Phantom Damages” Dies in Florida Legislature
Senate Bill 1668, which would have eliminated so-called “phantom damages” to be presented to juries as a tort reform measure, failed in committee and the 2020 Florida legislative session has now ended. “Phantom damages” is the term the litigation defense bar often...
CMS and HHS Provide Telehealth Waivers Due to COVID-19 Public Health Emergency
Yesterday, the Centers for Medicare & Medicaid Services (CMS) and the Department of Health & Human Services (HHS) announced new measures to expand access to telehealth services during the COVID-19 public health emergency. CMS announced a new policy vastly...
Federal Court Upholds Recent Florida Statute Voiding Certain Physician Non-Compete Agreements
Florida Physician Non-Compete Agreements On June 25, 2019, Florida enacted section 542.336, Florida Statutes, which limits the use of physician non-compete agreements between physicians and entities that employ or contract with all physicians who practice the same...
HHS Issues Important Notice Regarding Transmission of Medical Records to Third Parties Following Ciox Health Decision
HHS Issues HHS Issues On January 23, 2020, the Federal District Court of the District of Columbia issued a decision in Ciox Health, LLC v. Azar, et al., which has implications on the type of protected health information that must be transmitted to third parties and...
Sober HoSober Home Task Forceme Task Force Will Make More Arrests in Next 30 to 45 Days
Sober Home Task Force Sober home task force Yesterday, Palm Beach State Attorney Dave Aronberg spoke to a reporter from the Sun Sentinel, announcing that his office will be making arrests in the next 30 to 45 days in the drug recovery industry. These arrests are...
Jackson Health System Fined $2.1 Million for Multiple Data Breaches
Jackson Health System Jackson Health System has paid a $2.1 million fine imposed by the Department of Health and Human Services’ Office for Civil Rights (“OCR”) for three separate HIPAA violations, the investigation into which revealed “a HIPAA compliance program that...
A Win For Fla. Hospitals On Patient Safety Data Confidentiality
Hospitals On Patient Safety Data Confidentiality The U.S. District Court for the Middle District of Florida last week enforced valuable protections over hospitals’ Patient Safety Work Product-privileged documents pursuant to Patient Safety Quality Improvement Act of...
CMS Proposed Rule Increases Price Transparency of Hospital Standard Charges
Hospital Standard Charges Hospital Standard Charges On July 29, 2019, the Centers for Medicare & Medicaid Services (CMS) published the Calendar Year (CY) 2020 Hospital Outpatient Prospective Payment System (OPPS) and Ambulatory Surgical Center (ASC) Payment System...
DOJ Indicts Opioid Distributor, Executives, and Pharmacists
Opioid Distributor Opioid Distributor Today, the government arrested two executives- Anthony Rattini, President and James Barclay, Compliance Officer - of Ohio based drug distributor Miami-Luken, Inc. The government also arrested two pharmacist that each owned a...
What House Bill 843 Means for the Future of Physician Non-Competes
Future of Physician Non-Competes Future of Physician Non-Competes *Update July 1st: House Bill (HB) 843 was signed into law on June 25, 2019. Section 542.336, Florida Statutes, which relates to the restrictive covenants discussed below became effective immediately...
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