SCOTUSBlog

JUNE 28, 2024

The decision will likely have far-reaching effects across the country, from environmental regulation to healthcare costs. Under that doctrine, if Congress has not directly addressed the question at the center of a dispute, a court was required to uphold the agency’s interpretation of the statute as long as it was reasonable.

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LawTechnologyToday

JANUARY 25, 2021

Both serve to depict healthcare that is provided virtually and without physical contact with a healthcare provider. A patient explains his or her complaints virtually, often by video conferencing, and the healthcare provider will give a recommendation or diagnosis. Potential legal problems with Telehealth and Telemedicine.

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JURIST

APRIL 28, 2022

This decision clarifies what damages are available to individuals who sue under federal anti-discrimination statutes. Plaintiff Jane Cummings is legally blind and was born deaf. Cummings primarily communicates through American Sign Language.

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Paralegal Bootcamp

JUNE 3, 2021

Many larger healthcare organizations actually store their records at different locations based on record type. Most jurisdictions should have a statute that you can access to learn the limit of what a facility may be able to charge you to produce copies. Bridgette Ferraro is the CEO of iCopy Legal. MANAGING CUSTODIAN FEES. #11

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LawSites

OCTOBER 29, 2021

The news is that Wolters Kluwer Legal & Regulatory is rebranding its flagship Cheetah legal research platform on Monday as VitalLaw, a name that Ken Crutchfield , vice president and general manager of legal markets, told me better reflects the mission of the platform and better resonate with with customers. .

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FDA Law Blog

NOVEMBER 6, 2022

Gaulkin — We previously blogged about Pfizer’s copay assistance lawsuit, which sought to challenge HHS’s interpretation of the Federal health care program anti-kickback statute (AKS) and position that the company’s proposed copay assistance program would violate the AKS. By Sophia R. Background.

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At the Lectern

JULY 24, 2023

.” The court’s unanimous opinion by Justice Leondra Kruger doesn’t require reimbursement in this case, but directs the Department to reevaluate the case under correct legal principles. ” The court reverses the Third District Court of Appeal’s unpublished opinion.

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The Process Street

NOVEMBER 28, 2023

Applications of AI in healthcare Artificial intelligence in the healthcare industry has numerous applications that can improve patient care, diagnoses, and overall efficiency in the industry. And, while Google has led the way for a number of years , the power of machine learning is available to businesses of any size.

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Day on Torts

APRIL 25, 2022

Because of that, the Court explained that the daughter did not have the authority to execute the arbitration agreement at issue here: Shorn of context, signing a stand-alone arbitration agreement is a legal decision. While the Agreement was ‘optional,’ it was bound up in the context of a healthcare decision[.] …The

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FDA Law Blog

SEPTEMBER 19, 2023

The FTC expressed concern that patent listings that do not meet the statutory criteria undermine the competitive process, may disincentivize investment in developing generic and follow-on products, and reduce patient access to more affordable drugs thereby increasing costs to the healthcare system.

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Day on Torts

MARCH 11, 2022

When the brother was admitted, plaintiff filled out admission paperwork, including an arbitration agreement, as plaintiff had a durable power of attorney for healthcare executed by the brother and naming plaintiff as the attorney-in-fact. internal citation omitted). Code Ann. §

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Attorney Statute Healthcare Court 59

FDA Law Blog

MARCH 24, 2024

They argue that the 340B statute had never intended to give contract pharmacies such an outsized role in the program, in part because their proliferation stretched HRSA’s enforcement capacity and resulted in widespread noncompliance. In 2021, HRSA threatened to impose penalties and the drug manufacturers sued to enjoin the agency. & Mfrs.

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FDA Law Blog

APRIL 25, 2023

However, FDA’s legal standing to insist on cybersecurity features, especially within the substantial equivalence paradigm, has been questionable. Now, with explicit statutory authority, FDA’s push for cybersecurity has a firm legal footing. It applies whether the software is the entire device (i.e.,

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Patently O

AUGUST 5, 2024

In Helsinn Healthcare S.A. ” The court emphasized the distinction between these terms and their different purposes in the statute. That case concerned whether the use of an invention (a modified corset spring) by one person was “a public use within the meaning of the statute.” Teva Pharmaceuticals USA, Inc. , 333 (1881).

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Day on Torts

APRIL 1, 2022

Bradley Healthcare and Rehabilitation Center , No. 29-26-122(c) allows for an extension of time for filing a certificate of good faith to be granted “only if a healthcare provider failed to timely produce relevant medical records or if the plaintiff demonstrates ‘good cause.’” In Estate of Blankenship v. Code Ann. § 29-26-122(a)(1).

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Blumberg

MAY 25, 2021

This update complies with amendments to the Power of Attorney Statute that takes effect June 13, 2021. The distinctive boilerplate and usage in countless transactions have become the trusted choice of attorneys and the financial, real estate, business, and healthcare communities. BlumbergExcelsior, Inc.,

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Patently O

JULY 17, 2022

As you might expect, folks paying the bills in American healthcare immediately realized that Teva’s much cheaper drug was therapeutically equivalent to GSK’s branded ver$ion and began substituting the generic to treat congestive heart failure as well. Such a radical transformation warrants this Court’s intervention now.

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Manufacturing Healthcare Court Statute 60

FDA Law Blog

JANUARY 6, 2022

That changed on October 18, 2021 when the Federal District Court for the District of Hawaii handed down a decision that construed key terms in the statute. Note that EKRA’s reach is broader than the Anti-Kickback Statute, which applies only to “federal healthcare programs” — e.g., Medicare, Medicaid, Tricare, etc. 18 U.S.C. §

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Day on Torts

NOVEMBER 19, 2020

Before filing this healthcare liability suit, plaintiff sent pre-suit notice as required by the HCLA, including a HIPAA authorization pursuant to Tenn. Instead, prejudice is considered when evaluating whether a plaintiff has substantially complied with the statute. Code Ann. § 29-26-121(a)(2)(E). internal citation omitted).

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FDA Law Blog

AUGUST 8, 2024

Governors, state cannabis regulators, law enforcement groups and local governments weighed in, as did marijuana advocates and opponents, marijuana industry associations, Members of Congress, federal law enforcement groups, healthcare and human rights groups, unions and trade associations, and private individuals. 28, 2021).

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Healthcare Manufacturing Attorney Statute 59

FDA Law Blog

JANUARY 6, 2022

That changed on October 18, 2021 when the Federal District Court for the District of Hawaii handed down a decision that construed key terms in the statute. Note that EKRA’s reach is broader than the Anti-Kickback Statute, which applies only to “federal healthcare programs” — e.g., Medicare, Medicaid, Tricare, etc. 18 U.S.C. §

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Court Statute Contract Litigation 40

FDA Law Blog

JUNE 16, 2023

Importantly, “price increase” is not defined in this statute. The ambiguity in this critical term makes it impossible for manufacturers to know how much they can increase prices without incurring severe penalties, and leaves the law vulnerable to legal challenge for unconstitutional vagueness.

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FDA Law Blog

OCTOBER 6, 2023

The brevity of this change belies the foreseeably seismic impact of FDA regulation of clinical laboratories on the healthcare system. But, by statute all devices not previously classified are automatically placed into Class III. Third , it’s unclear which tests FDA intends to fall into Stages 4 and 5.

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FDA Law Blog

DECEMBER 12, 2022

There appears to be significant overlap in content between the Checklist and informed consent forms and processes routinely provided by healthcare providers to their patients. As a legal matter, they would need to first obtain supplemental approval from FDA granting them permission to do so. This proposal is a[n]. Regulatory Analysis.

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Patently O

AUGUST 9, 2022

Accord Healthcare, Inc., The patentee in the case argues that inherency is too strict a standard and that it goes beyond what is required by the statute and prior precedent. by Dennis Crouch. The Federal Circuit is now considering a pending en banc petition in Novartis Pharm. 21-1070; petition from 38 F.4th 4th 1013 (U.S.

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MyCase

AUGUST 16, 2022

However, that age tends to be a little older in the legal profession. The American Bar Association’s 2021 ABA Profile of the Legal Profession found that nearly 14% of lawyers are working past age 65. . Mandatory retirement is a controversial topic in the legal industry. Census Bureau, the average retirement age in the U.S.

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At the Lectern

JULY 27, 2023

The court granted review in two cases alleging that failures to adequately disclose hospital emergency room “Evaluation and Management Services” fees violated the state’s Consumers Legal Remedies Act and Unfair Competition Law. In an unpublished opinion , the Sixth District Court of Appeal in Capito v. In In re Ja.O. ,

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LexForti

OCTOBER 27, 2022

4] Deriving from this structure, legal liability for all aspects of the suitability and performance of the project is placed on the contractor. [5] 19] This marks a clear deviation from a wide range of legal systems ranging across the United States of America, Europe, Singapore, and Japan, in addition to common law in the UK. [20]

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SCOTUSBlog

NOVEMBER 15, 2023

The legal dispute concerns the extra contract support costs that the tribes use to administer health programs. The court considered the statutes ambiguous, which meant that under normal principles of Indian Law, they must be construed in favor of the tribe. Is the tribe entitled to only enough to cover the IHS-funded activities?

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Healthcare Contract Court Government 105

JURIST

MARCH 7, 2025

Plaintiffs, who are healthcare providers around the state, argued that the abortion ban “radically reduced” people from making autonomous decisions about whether to bear a child, which leads to a serious deprivation of their fundamental constitutional rights under the Arizona Constitution.

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Court Rules Court Healthcare Statute 129

JURIST

APRIL 6, 2023

The American Civil Liberties Union (ACLU) on Wednesday announced it had filed a lawsuit to block the application of a legal opinion in connection with Idaho’s abortion laws. The statute in its plain language states, criminal penalties will apply to “every person who performs or attempts to perform an abortion.”

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JURIST

OCTOBER 8, 2022

Eckerstrom agreed with Planned Parenthood that “Arizona courts have a responsibility to attempt to harmonize all of this state’s relevant statutes.” Eckerstrom said that, if the court would have allowed the 1901 ban to go into effect, healthcare providers, prosecuting agencies and the public would lack legal clarity on the issue of abortion.

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JURIST

JANUARY 12, 2024

The Trumbull County prosecutor’s office stated that, after evaluating the case, they believed Watts did not violate the Ohio Criminal Statute of Abuse of a Corpse. President and CEO Dr. Regina Davis Moss stated: [Watts’ experience] is a grave example of how Black women and their bodies face legal threats simply for existing.

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JURIST

NOVEMBER 13, 2024

The first “ six-week ban ,” under the state’s statute section 311.7706, prohibits doctors from terminating pregnancy if there is a detectable fetal heartbeat unless it is necessary to prevent the mother’s death or substantial and irreversible impairment. The case concerns two different abortion bans.

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Entertainment Healthcare Statute Legal 197

JURIST

APRIL 16, 2021

The court ruled 9-7 Tuesday in favor of Ohio, with Judge Alice Batchelder writing for the majority along with many concurring and dissenting opinions regarding eugenics, court precedent and the legal test for abortion cases. To defend families from coercive healthcare practices that encourage Down- syndrome-selective abortions.

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JURIST

DECEMBER 12, 2023

CEO of the Center for Reproductive Rights Nancy Northup stated, “This past week of legal limbo has been hellish for Kate. Texas Health & Safety Code 170.002 states “a person may not knowingly perform, induce, or attempt an abortion.” Her health is on the line.

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Court Healthcare Statute Court Rules 211

JURIST

SEPTEMBER 11, 2021

Attorney General Merrick Garland noted that “the statute includes an unprecedented scheme to, in the Chief Justice’s words, ‘insulate the State from responsibility.'” ” The post DOJ files suit challenging Texas six-week abortion ban appeared first on JURIST - News - Legal News & Commentary.

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