Health Law
Arguably no other area of interdisciplinary law affects the daily lives of the general public and, in turn, your clients, more than health law. Moreover, healthcare has become big business with the rising cost of quality medical care, prescription drug coverage, and the need for long-term health care solutions for an aging population. Legal matters frequently arise from the denial of Social Security benefits to the maze of options available for small businesses that are required to provide healthcare insurance coverage to their employees. Click on the links below to also learn about how to better represent your clients seeking Medicare coverage or how to make your company’s health benefits work for its employees.
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Health Law Articles
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Redevelopment Under State Super Fund Laws
In the fourteen years since CERCLA, nearly all states have passed some form of state hazardous substance cleanup law, and the trend over the last five years is toward increased state activity in Superfund matters and increased federal accomodation ...
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Regulatory Requirements for Marketing Cosmetics in the United States
Cosmetics marketed in the United States, whether manufactured here or imported from abroad, must be in compliance with the provisions of the Federal Food, Drug, and Cosmetic Act (FD&C Act), the Fair Packaging and Labeling Act (FPLA), and the ...
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Remedial Design is Not Remediation
In the case of Louisiana v. Braselman Corporation, the U.S. District Court for the Eastern District of Louisiana was presented with the question of when the period commences for the determination of the statute of limitations under the Comprehensive ...
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Removing Feeding Tubes from Patients in a Persistent Vegetative State
With advances in the medical treatment of patients with traumatic brain injury, health care providers are seeing increased numbers of head-injured patients surviving accidents that they would have previously died from. Rehabilitation modalities ...
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Resorts, Restaurants & Recreation: The “Three Rs” of ’90s Hospitality
Just like real estate is no longer simply bricks and mortar, but the beneficiary (or victim?) of "corporatization," the hospitality industry is no longer just hotel rooms and room service, but an evolutionary fusion of the "three Rs" of today's ...
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Retaining Medical Records: How Long is Long Enough?
As storage space becomes more limited, healthcare providers often wonder when they can begin disposing of old patient records. The recommended time for retaining medical records depends on a number of factors, including: The safest approach is to ...
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Revised Policy Statements on Health Care Antitrust Enforcement Signal Green Light for Physician and Multi-Provider Network Development
The Department of Justice ("DOJ") and Federal Trade Commission's ("FTC") revised statements of antitrust enforcement policy for health care do not change the principles of antitrust law, but make clear that their application will further facilitate ...
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Safe Harbors for Ambulatory Surgical Centers
Physicians now have a Safe Harbor if they wish to invest and expand their practice into an ambulatory surgical center (ASC). On November 19, 1999, the Department of Health and Human Services' Office of Inspector General (OIG) issued a final rule to ...
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Selecting an e-Discovery Service Provider in an Uncertain Market
In today's economy, corporations and law firms can incur significant risk if they rely on e-discovery vendors that are not financially stable. Loss of data access due to provider bankruptcy or system shutdowns can be fatal to a case. To help clients ...
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Small Business Food Labeling Exemption
Small Business Food Labeling ExemptionUnder 21 CFR 101.9(j)(1), a business may be exempt from the requirement of including a "Nutrition Facts" panel on its food packages. This exemption is based on number of employees and number of product units ...
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