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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Summary of Federal District Court’s Ruling On the Food and Drug Administration’s Jurisdiction Over, and Regulation of Cigarettes and Smokeless Tobacco
On April 25, 1997, Judge William Osteen of the Federal District Court in Greensboro, North Carolina, ruled that FDA has jurisdiction under the Federal Food, Drug, and Cosmetic Act to regulate nicotine-containing cigarettes and smokeless tobacco.1 ...
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Summary of Final Changes to EMTALA Regulations
On August 29, 2003, the Center for Medicare & Medicaid Services (CMS) released the long-anticipated final regulations revising the EMTALA obligations for hospitals and physicians. The regulations are scheduled to be published in the Federal Register ...
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Summary of Fourth Circuit Court of Appeal’s Ruling On the Food and Drug Administration’s Jurisdiction and Regulation of Tobacco
On Aug. 14, 1998, a majority of a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit in Richmond, Va., ruled that FDA lacks the jurisdiction to regulate tobacco products, reversing the decision of the U.S. District Court for the ...
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Summary of The Toxic Substances Control Act
The Toxic Substances Control Act of 1976 was enacted by Congress to test, regulate, and screen all chemicals produced or imported into the United States. Many thousands of chemicals and their compounds are developed each year with unknown toxic or ...
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Summary Provision
The Stark law was unclear with regard to its application to Medicaid services. Because only services reimbursed by Medicare were clearly covered, the Stark law's application to Medicaid was a much debated issue. The proposed Stark II regulations ...
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Superfund Reauthorisation Or Reform: To Be Or Not To Be?
While both parties in Congress agree that Superfund needs significant reform, they disagree on the appropriate legislative mechanism. Some suggest that Congress delay reform until after the election, passing an appropriations bill that allows for ...
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Supplemental Needs Trusts
If a client has a disabled or retarded child it is very important to ascertain whether that child is receiving money from any government program such as Medicaid or the Supplemental Security Income Program (SSI). If a person's child is receiving ...
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Telemedicine and the Internet
It is sometimes difficult to appreciate fully the quantum leaps that medicine has made in recent years. Yet many patients seeking access to cutting edge medical treatments, procedures and equipment have traditionally had to travel to major teaching ...
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Tennessee Department of Environment & Conservation and Tennessee Water Quality Control Board Move Closer Toward Rulemaking for ARAP Program
Waller Lansden's November 3, 1997 Environmental Group Bulletin informed you of a Tennessee Department of Environment & Conservation ("TDEC") "policy" regarding Aquatic Resource Alteration Permits ("ARAPs") for culverts. Controversy surrounding this ...
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The 2003 Medicare Prescription Drug, “Improvement” And Modernization Act Provides Increased Revenue Opportunities
Signed into law on Dec. 8, 2003, the Medicare Prescription Drug, Improvement and Modernization Act, P.L. 108-173 (the "Act"), with close to 200 major sections, has been called the largest overhaul to the Medicare Program since its inception. The Act ...
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