The Centers for Medicaid and Medicare Services (CMS) implemented the Independence at Home Demonstration program in January 2012.
Earlier this month a Texas federal district court judge granted a motion by Teladoc, Inc. (Teladoc) for a preliminary injunction enjoining the Texas Medical Board (TMB) “from taking any action to implement, enact, and enforce” a TMB rule requiring doctors to conduct an in-person exam prior to telephonic diagnosis and treatment of patients, regardless of whether the exam is medically necessary.
Recent OIG Audits of Home Health and Hospice Surveys May Signal Increased Scrutiny On Worker Qualifications
Recent audits by the Department of Health and Human Services Office of Inspector General (“OIG”) conclude that state survey agencies in a number of states and a leading national accrediting agency serving the home health and hospice industry failed to identify a significant number of deficiencies related to worker qualifications.
On June 29, 2015, FDA released 44 new and 4 revised product-specific bioequivalence recommendations for the development of generic drugs.
On June 30, 2015, a mere day before the product tracing deadline for dispensers was to go into effect, FDA published a compliance policy guidance that delays enforcement of the applicable product tracing requirements until November 1, 2015 (Compliance Policy).
The Department of Defense (DOD) is expected to select a contractor sometime this summer to modernize its electronic health records (EHR) system.
In Ariosa Diagnostics, Inc. v. Sequenom, Inc., Slip Op. 2014-1139, 2014-114 (Fed. Cir. June 12, 2015), the U.S. Court of Appeals for the Federal Circuit held that Sequenom’s U.S. Patent No. 6,258,540 (the ‘540 Patent) was invalid under 35 U.S.C. § 101, for failing to claim patent-eligible subject matter. The Court’s decision is yet another application of the U.S. Supreme Court’s recent interpretation of patent-eligibility and confirms the raised bar for patents claiming diagnostic methods – even for “ground-breaking” inventions.
The Medicare Payment Advisory Commission (MedPAC), recently issued its June Report to Congress. Echoing the comments of the healthcare community, MedPAC recommended that CMS rescind its Two-Midnight Rule.
I must thank Justice Scalia for injecting this delightfully descriptive term into the realm of health care. Justice Scalia’s scathing dissent from the majority in the recent Supreme Court decision interpreting the Patient Protection and Affordable Care Act is rife with memorable expressions, but this is my favorite.
Amid this summer’s flurry of U.S. Supreme Court rulings, the nation’s highest Court has essentially decided the fate of Obamacare.