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On December 2, 2022, the Office for Civil Rights (“ OCR”) and the Substance Abuse and Mental Health Services Administration (“ SAMHSA”) within the U.S. Department of Health and Human Services (“ HHS”) issued a Notice of Proposed Rulemaking (“ NPRM”) to revise the Confidentiality of Substance Use...
Neither shots nor pills will immunize smaller medical, dental, chiropractic, and physical therapy practices, surgery centers, and other healthcare concerns from compliance with the looming (and burdensome) reporting obligations imposed on them if they are “reporting companies” under the federal...
This month’s Friday Five explores recent decisions that illustrate the importance of the administrative record built by a claims administrator, and the impact that the depth and thoroughness of the record will have on litigation over claims decisions. Whether reviewing claims under the de novo...
Effective November 16, 2022, New Jersey will impose additional requirements when a ‘health care entity’ is sold or undergoes a change in control. The changes are the result of the enactment of S-315, on August 18, 2021. What You Need to Know: New Jersey enacted a statute that will impose additional...
Saul Ewing is a proud sponsor of the Philadelphia Alliance for Capital and Technologies (PACT) Capital Conference. PACT’s mission is to provide content and connections to capital, coaching, and customers and to collaborate with other organizations to drive innovation and entrepreneurship in the...
The No Surprises Act (“NSA”) is a federal law that went into effect January 1, 2022. The NSA statute was enacted as part of the Consolidated Appropriations Act, 2021 and has been implemented by three interim rule s jointly announced by the Office of Personnel Management within the Department of the...
John Ropiequet presented two programs at the 18th Annual Financial Services Conference in Annapolis, Maryland on November 9 in his thirteenth appearance at the Conference. "What's New in Fair Lending" summarized the year's fair lending litigation and federal enforcement actions. "Ethics: Pop Culture...
October was National Cybersecurity Month. As part of its ongoing focus on HIPAA Security Rule awareness and compliance, the Office for Civil Rights (“OCR”) within the Department of Health and Human Services (“HHS”), published its HIPAA Security Rule Incident Procedures newsletter (the “Newsletter”)...
This month’s Friday Five covers cases relating to augmentation of the administrative record following new rationales, attempted alternative ERISA causes of action, untimely ERISA claims, plans governed by ERISA even in the absence of a written plan document, and the limited weight given to residual...
Stephanie Denker, an Associate at Saul Ewing, LLP, will be speaking at the ARIAS Fall Conference on November 4, 2022. This session, Rapid Fire Case Presentations, was such a success in years past, it's being brought back for 2022! Hear from five presenters as they compete to convince the audience...
Justin Danilewitz will speak during the October 25, 2022 Philadelphia Bar Association CLE Webinar - Health Care Law Primer. This is hosted by the Health Care Law Committee and is eligible for 1.0 SUB CLE Credits. Health law is a complex collection of a variety of legal matters and issues. Many of...
Allison Burdette, associate at Saul Ewing, will be presenting to the Children's Hospital of Los Angeles on October 12, 2022. She will focus on the topics of insight into regulatory/insurance litigations around compliance matters (i.e., Anti-kickback, Physician Self-Referrals, HIPAA, False Claims...
This month’s Friday Five covers cases relating to the interpretation of time periods for claims under life insurance and disability plans, a situation where three separate administrators handled a disability benefits claim (but came to different decisions), the Eleventh Circuit’s parsing of...
Property insurers faced with COVID-19 related claims for business income losses can take comfort in the recent trend of most appellate courts to find in favor of insurers that have denied coverage based on policy language requiring direct physical loss or damage. What You Need to Know: Many...
This month’s Friday Five covers cases relating to interpretation of ambiguous policy terms, evaluation of claimant’s expert witness, inclusion of law firms as appropriate parties from whom plan administrators may seek equitable relief, transfer of cases from the claimant’s choice of venue, and...
On August 23, 2022, the Office for Civil Rights (OCR) within the U.S. Department of Health and Human Services (HHS) announced a $300,640 settlement and a Corrective Action Plan ("CAP") with New England Dermatology P.C., d/b/a New England Dermatology and Laser Center ("NEDLC") to resolve allegations...