Adam R. Maingot

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Thought Leaders: These are “Turbulent,” “Transitional” Times in Healthcare

The phrase “the only constant is change itself” has rarely been so true across an entire industry. The U.S. healthcare sector is having to adjust to rapidly changing times. That whirlwind of change was discussed by industry leaders at Akerman’s recent panel event titled “Healthcare Issues for 2014: What Can You Expect?”

Panelists included Karen Zeiler, Senior Vice President of … Continue Reading

Industry Leaders Share Insights into Healthcare Reform and the Future of Healthcare Policy

Current events were top-of-mind last Friday, November 15, 2013, as Akerman LLP’s Healthcare Practice Group and Wells Fargo invited clients and industry professionals to engage in a thoughtful discussion on healthcare reform and the future of the American healthcare system.

The Healthcare Briefing featured a distinguished panel of executives and legal advisors that included Gordon Bailey, Assistant General Counsel, Florida … Continue Reading

Hospitals & Medical Staff Take Notice: HCQIA Immunity is Not Given, it’s Earned.

The Healthcare Quality Improvement Act of 1986 (“HCQIA”) is a federal law enacted to establish a national tracking system of healthcare practitioners with a history of medical malpractice payments or adverse actions. A significant provision of the law provides immunity from civil money damages for those who participate in hospital peer review process, including members of the medical staff.  In … Continue Reading

It’s Never too Late to Give Guidance: OCR Starts Releasing HIPAA Omnibus Rule Guidance in Anticipation of September 23 Compliance Deadline

This has been a busy week for the Department of Health and Human Services / Office for Civil Rights (HHS/OCR).  It has started releasing guidance on various provisions of the Omnibus HIPAA final rule (the “Final Rule”) in advance of the September 23, 2013 compliance date.  The guidance includes:

1. Model Notices of Privacy Practices

A significant provision of the

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U.S. Supreme Court tells Hospitals to Say: “Sorry Officer, I need a warrant to draw that patient’s blood.”

On April 17, 2013, the U.S. Supreme Court in Missouri v. McNeely ruled that in drunk-driving investigations where Law Enforcement Officers (“LEOs”) can reasonably obtain a warrant before a blood sample can be drawn, the Fourth Amendment mandates they do so.

A.  The Fourth Amendment Protects Against Unreasonable Searches and Seizures

The Fourth Amendment to the U.S. Constitution states it … Continue Reading

Attention Physicians: Your Unsinkable Arbitration Agreement is About to Hit a Glacier

On June 20, 2013, the Florida Supreme Court held in Franks v. Bowers that a medical practice’s custom pre-surgery binding arbitration agreement (the “Agreement“) was unenforceable because it violated key public policy objectives of Florida’s Arbitration Code as well as Florida’s Medical Malpractice Act.

A. What went wrong?

In short, the Agreement was too one-sided. It sought to … Continue Reading

Staying Out of the Principal’s Office: The OIG Revamps the Provider Self Disclosure Protocol

Introduction:

I have a vivid memory of sitting next to my father in an elementary school principal’s office.  The facts were: (1) three “student of the week” ice cream vouchers had gone missing from my teacher’s desk; (2) I was a somewhat portly child; and (3) I had tried, albeit unsuccessfully, to cash in one of those illicit vouchers at … Continue Reading

CMS Proposes Changes to Electronic Medical Records Rules

I. Overview:

The Centers for Medicare and Medicaid Services (CMS) and the Department of Health and Human Services’ (OIG) have issued a pair of proposed rules (see CMS rule, OIG rule) that seek to revise the current Electronic Health Records exceptions to the Physician Self-Referral (Stark) and Anti-Kickback laws.

The proposed rules would amend the current … Continue Reading

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