The State Medical Board of Ohio recently proposed amendments to the existing regulations governing light-based medical devices (lasers), which will significantly impact the provision of laser services in Ohio. While the proposal adds a new category to existing delegation authority, it also imposes new regulatory requirements to existing delegation authority which will impact Ohio physicians providing laser services ...
Following the passage of House Bill 122 last year, the State Medical Board of Ohio (“Ohio Board”) has released final administrative rules governing the provision of telehealth services by Ohio physicians and certain other provider types.[i] The final rules, which became effective February 28, 2023, continue the recent trend of regulators, such as the Drug Enforcement Agency,[ii] largely reverting back to pre-pandemic telehealth restrictions ...
Medicaid providers will be subject to new audits by Medicaid Recovery Audit Contractors (RACs), beginning in January 2012. These new audits will be in addition to existing audits being conducted by Medicare RACs, Medicaid Integrity Contractors (MICs) and Zone Program Integrity Contractors (ZPICs), among others.1 The Medicaid RAC audits, mandated as part of the 2010 Patient Protection and Affordable Care Act (the Health Reform Act), are expected to result in the recovery of $2 ...
State Attorneys General across the nation are warning consumers about price gouging during the COVID-19 pandemic and offering easy online tools to report violations. Consumers have gotten the message. Texans, for example, have sent over 10,000 complaints of price gouging to the state AG’s office during the pandemic.1 Price gouging laws have been enacted by nearly 75 percent of states ...
On Jan. 19, 2021, the two recent final rules issued by the Department of Health and Human Services Office of Inspector General (OIG) and the Centers for Medicare and Medicaid Services (CMS) regarding changes to the Physician-Self Referral Law (Stark Law) and the Anti-Kickback Statute (AKS) regulations (respectively the OIG Final Rule and the CMS Rule, collectively the Final Rules) will become effective ...
On March 30, 2020, the Secretary of the Department of Health and Human Services ("Secretary") announced a blanket waiver ("Waiver") of sanctions for violations of Section 1877 of the Social Security Act, also known as the physician self-referral law or Stark law ("Stark Law") ...
The most recent changes to the Stark Physician Self-Referral Law (Stark) and the Anti-Kickback Statute (AKS), described previously here, create a new lexicon and framework to guide healthcare providers from payment for volume-based services to payment for value-based healthcare. These value-based rules go into effect on January 19, 2021 ...
On 1 June 2022 standstill agreements were made permissible in Scotland by s13 of the Prescription (Scotland) Act 2018 (“the 2018 Act”). Our earlier article on the key changes of the 2018 can be found here. The new legislation allows for parties to enter into a contractual agreement to extend the prescriptive period by one year. This is a welcome change, as previously extending the prescriptive period was prohibited ...
On December 23, 2018, new State Medical Board of Ohio regulations became effective which marked another change in the legal standards governing provider use of opiates for treatment of pain ...
The Pensions Regulator's General Code could be published any day now, but what is it, and why has it been so delayed? Back in March Charles Counsell, then CEO of the Pensions Regulator (TPR) confirmed in an interview with Pensions Age Magazine that the long anticipated consolidated code of practice would be published in the spring, under the new title of the “General Code” ...
The Serbian Competition Commission (the "Commission") continues its diligent examination of the Serbian competitive landscape in specific industries, this time with inquiries in two more industries – sportswear (including footwear and sporting equipment) and oil (petroleum products). Once again, the aim behind the market test was to identify potential issues on the relevant markets and provide broader insight into the functioning of the relevant markets ...
The Seventh Circuit issued the third in a trilogy of opinions in October establishing the metes and bounds for criminal prosecutions of “spoofing”—a form of market manipulation, mostly in the commodities markets—that Congress expressly prohibited in the 2010 Dodd-Frank Act. The decisions create a roadmap for government enforcers to bring more cases ...
The ongoing global outbreak and spread of Novel Coronavirus 2019 (COVID-19), commonly known as coronavirus, is a dramatic event of global proportions, with far-reaching implications in a wide range of areas. The spread of coronavirus directly affects capital markets, global supply chains, worldwide transportation, large-scale events and conferences, and many other aspects of commerce and business, domestic and international ...
Dear valued clients, colleagues and friends, The High Court ruled that it has no jurisdiction to injunct an application to recognize and enforcean arbitral award on the basis that there are no sums due and owing under the arbitral award. Danieli Co., Ltd filed an application to recognize and enforce a foreign arbitral award ...
In the decision in Rustenburg Platinum Mine and SAEWA obo Meyer Bester and Others, the Constitutional Court dealt with the question of whether an employee referring to a colleague as a “swart man” (“black man”), within the facts set out below, constituted misconduct justifying dismissal.The adjacent large 4x4 vehiclesThe employee in this matter, Mr Bester, was employed by the Rustenburg Platinum Mine (the “employer”) ...
Once legal proceedings relating to a debt have started, does the subsequent substitution of one of the parties affect the prescription period for the debt? This was the crux of the recent Supreme Court of Appeal ("SCA") case of Sentrachem Limited v Terreblanche. A substitution occurs when a party to legal proceedings is replaced by another party, with no effect on the cause of action ...
Following the South African President’s speech on 15 March 2020 that a national state of disaster has been declared in terms of the coronavirus (COVID-19), a number of measures were implemented to counteract the impact of the virus by the South African Government. We cover below the legal implications of some of these measures, particularly the repayment of bookings and data protection ...
On 15 March 2020, South African President, Cyril Ramaphosa, declared a national state of disaster in terms of the Disaster Management Act, 2002. This declaration will enable government to have an integrated and coordinated disaster management mechanism that will focus on preventing and reducing the outbreak of Covid-19, otherwise known as the Coronavirus. The president announced measures that South Africa will take to prevent and control of the Coronavirus ...
The trade mark laws of the world are, by and large, fairly well harmonised, or at least well on their way to becoming so. Which makes perfect sense in an era where multinational companies operate in a global village – a multinational should ideally get the same protection for its brand in all the countries where it operates. It is for this reason that South African trade mark law offers the same sort of protection to trade mark owners that many other countries offer ...
At their core, the Regulations in terms of the Disaster Management Act, 2002 issued and brought into operation yesterday, 18 March 2020, outline the responsibilities of all government departments, the release and allocation of resources, and the conditions under which liquor industry may function. In the wake of the coronavirus (COVID-19) epidemic being declared a national state of disaster, the Regulations are intended to contain the spread of the virus ...
President Cyril Ramaphosa, in his address to the nation on Sunday, 15 March 2020, declared a national state of disaster and introduced a numberof measures to curb the spread of the new Coronavirus (COVID-19). As of 19 March 2020, South Africa has recorded 150 confirmed cases of COVID-19 ...
This article is an updated version of the article published on 16 March 2020. On 15 March 2020, South African President Ramaphosa announced the declaration of a national state of disaster, as a result of the recent events surrounding the rise in coronavirus (COVID-19) infections in South Africa. The declaration of a national disaster was made in terms of the Disaster Management Act, 2002 (the "DMA") ...
South Africa’s East Coast Radio listeners recently got a great beginners’ class in trade mark law. It would be a shame if all the people who missed the broadcast lost out.The discussion dealt with a dispute involving the fast-food chain Chicken Licken and a small Durban vegan restaurant called Oh My Soul. It featured an interview with the couple who own the restuarant, Tallulah and Richard Duffin, as well as the attorney acting for Chicken Licken ...
A recent judgement of the Court of Appeal brings welcome clarification of the principles regarding the recovery of wasted expenditure claims in IT disputes. Summary Whist wasted costs arising from failed IT implementations often form part of a subsequent loss of profit claim, the two forms of loss are separate and distinct. Consequently, in order to be effective, exclusions must specifically refer to wasted costs ...
The Ninth Circuit Holds that Callers are Subject to TCPA Liability if the Callers Intend to Make Automated Calls to a Consenting Customer, but Instead Call Someone Else Introduction On June 3, 2020, the United States Court of Appeals for the Ninth Circuit dealt a blow to callers governed under the Telephone Consumer Protection Act (“TCPA”) ...
