Legal Updates

Healthcare Alert: Virginia passes anti-markup law for anatomic pathology services

Effective July 1, 2014, Virginia will no longer allow mark-ups by physicians for anatomic pathology services. Specifically, Virginia practitioners will no longer be permitted to charge a fee for anatomic pathology services that is greater than the amount billed to the practitioner for the actual performance of such anatomic pathology services when such services are (i) performed by a person other than the practitioner or (ii) performed by a person not under the supervision of the practitioner. Notably, the new law does not contain a lab-to-lab exception. It does, however, contain an exception for specimen collection and transportation fees if the patient is made aware of the fees in writing prior to collection.

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HHS Releases Security Risk Assessment Tool

Need help performing your HIPAA/Meaningful Use Security Risk Assessment?  Good news, HHS has released a tool to help!  In partnership with the Office of the National Coordinator, HHS created a tool, user guide, software, tutorial, videos and even an iOS App to help HIPAA covered entities and business associates perform the required HIPAA Risk Analysis. […]
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Legal ruling set to rock the UK radio industry

MILLER Samuel, the Glasgow-based legal practice which specialises in Employment Law, has hailed what it considers to be a ground-breaking case, which is set to have far reaching implications for the UK radio industry.

The Miller Samuel team, led by partner, Marie Macdonald, yesterday successfully represented former Radio Clyde presenters, Adrian Coll and Kevin Cameron, at an Employment Tribunal which has ruled they should have been treated as employees, not freelance. More…

Bauer Media considers appealing ‘landmark’ unfair dismissal ruling for Radio Clyde DJs Adrian Coll and Kevin Cameron

Ex Radio Clyde DJs win claim for unfair dismissal

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BIM A Year On: Progress Embraced?

his article was previously published in the Association for Project Safety’s magazine Digest.

To improve is to change; to be perfect is to change often, or so said the nation’s favourite Briton, Sir Winston Churchill. Advances in computer technology have dramatically changed the way we work and live. However, technologies in construction have fallen behind other industries. More…

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“What a difference a day makes”… The arrival of same-sex marriage in England and Wales

As from 29 March 2014 a new law in England and Wales will recognise same-sex weddings.  It allows same-sex couples to marry and for that marriage to have the same effect as it has in relation to opposite-sex couples.  Scotland and Northern Ireland will not be included under the terms of this legislation.  Scotland passed a bill approving same-sex marriage in February 2014 and it is expected that this will become law during the course of this year.  Northern Ireland will stand alone. More…

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SEC "Gag Orders": Does Settling in Silence Advance the Public Interest?

A simmering anger against “too big to fail” banks and judicial criticism of Securities and Exchange Commission (SEC) settlement practices involving Wall Street have fueled a fierce debate over those practices. To date, the controversy has centered on the propriety and wisdom of permitting defendants in SEC proceedings to settle claims “without admitting or denying” the SEC’s allegations. While that issue may be worth discussing, any re-assessment of SEC settlement practices would be incomplete without considering the wisdom and impact of the post-judgment restraint on speech that the SEC imposes in every settlement. 

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McDonald Hopkins Government Strategies Advisory: This Week in Washington — March 28, 2014

Healthcare deadline delayed (again)

Late Tuesday night, the Obama administration announced it was giving some consumers more time to sign up for health insurance. While it’s not technically moving the March 31 deadline, the administration is offering an extension–of unknown length–for people who had problems trying to meet the deadline.

According to a guidance document the Health and Human Services Department released Wednesday, you can apply for an extension for the following reasons:

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Ohio Statehouse Update: This Week in Ohio — March 28, 2014

Mid-Biennium Review activity

Hearings continued on a number of bills included in Governor Kasich’s Mid-Biennium Review (MBR) package this week. The House Economic Development and Regulatory Reform Committee had its first hearing on House Bill 486, the workforce development portion of the MBR. 

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“New” Concerns Likely to Top FTC’s Interest This Year

There were significant changes in almost every aspect of the law relating to advertising, marketing and promotions in 2013, and Davis & Gilbert published a piece entitled, “2013 Lessons Learned and 2014 Practical Advice.” This piece explains and discuss what happened, and offer suggestions for advertisers and agencies to think about and address in 2014.

Over the next few weeks, I will share with you a few pieces I authored on the topics of: Environmental marketing, National Advertising Division of the Council of Better Business Bureaus rulings, and the Federal Trade Commission’s changes to its regulations and guidelines in.

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$4 Million Stanford Settlement – Business Associate Pays Majority

Remember the $20 Million class action law suit against Stanford due to the posting of an Excel file online by a Business Associate?  The law suit, driven by California state privacy laws recently settled for $4 Million, with the Business Associate paying the bulk of the settlement.  The class action suit, one of five large […]
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