North America

Client Alert – Recent Rejection of Sunshine Act Data Submissions Pushes Back Deadlines

Implementation of the Sunshine Act continues to encounter stumbling blocks. On August 15, 2014 the Centers for Medicare and Medicaid Services (“CMS”) announced that it would be withholding one-third of the records it received from drug and medical device manufacturers under the Sunshine Act due to data inconsistencies. CMS indicated that the flawed submissions will not be published in the Open Payments System database that is scheduled to go public on September 30, 2014. Rather, CMS will be returning the flawed data to manufacturers and group purchasing organizations (“GPOs”) to be corrected and resubmitted. The resubmitted data will not be published until June 2015.  More…

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California Ruling On Medical Privacy Law Should Please Big Hospitals But Not Specialty Healthcare Providers

Narrow judicial interpretations of compliance obligations are usually cause for relief among those bearing compliance costs and the risks of non-compliance.  Then there’s the recent decision on the scope of what constitutes patient “medical information” requiring protection under California’s Confidentiality of Medical Information Act (“CMIA”) in Eisenhower Medical Center v. Superior Court, May 21, 2014 Opinion, California Court of Appeal, Case No. E058378. More…

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Restrictive Covenants: Better To Ask And Disclose

When recruiting an executive, or when being recruited, it is best practice for the future employer, the employee and any executive recruiting firm involved in the placement to address head-on the existence of any restrictive covenant limiting the future activities of the employee. The New York State Supreme Court – First Department Appellate Division – yesterday upheld a claim that by not clearly disclosing the existence of a non-solicitation restriction in an executive recruit’s employment agreement, the head hunter involved in the placement could potentially be held liable to the new employer for negligent and/or fraudulent misrepresentation. See Amsterdam Hospitality Group v. Marshall-Alan Associates, Index Number 113685/11 (1st Dep’t Aug. 28, 2014).

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McDonald Hopkins Government Strategies: This Week in Washington — August 29, 2014

President Obama may be getting ready to drop a political nuclear bomb just months before the 2014 mid-term elections. The Obama administration is considering unilateral executive action on immigration—with action coming as early as next week.

President Obama has yet to receive formal recommendations on changes to immigration policy from Homeland Security Secretary Jeh Johnson, but White House lawyers are already crafting the legal rationale for unilateral executive action.

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Healthcare Alert: Settlement a harbinger of escalating Stark Law exposure for physician compensation?

A cardiology group practice recently agreed to pay $1.3 million to resolve allegations that it violated the Stark federal physician self-referral law and the False Claims Act by paying its physicians under a compensation formula that considered their referrals for nuclear and CT scans. On Aug. 4, 2014, the Department of Justice (DOJ) announced the settlement with the New York Heart Center, which has nine physicians and serves central and northern New York. 

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Attorney Christopher Graham Dean joins McDonald Hopkins

CLEVELAND, Ohio (August 28, 2014) – Christopher Graham Dean has joined the Cleveland office of McDonald Hopkins as an associate in the firm’s Litigation Department.

Dean joins McDonald Hopkins after more than five years at a Chicago-based firm where he provided representation to clients in a variety of litigation matters. He has experience in commercial litigation, including contract, fiduciary duty, professional negligence, mechanics’ lien claims, and intellectual property litigation. Dean has substantial experience in all aspects of trial and appellate preparation, as well as managing complex discovery processes.

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New York Certificate of Public Advantage (COPA) Program Alert: Revised Regulations Are Particularly Relevant to DSRIP Participants

On August 27, 2014, the New York State Department of Health (“DOH”) issued revisions to its proposed regulations implementing the Certificate of Public Advantage (“COPA”) process, which will facilitate immunity for New York health care entities from state and federal antitrust liability through active state supervision of covered activities. Earlier proposed regulations were issued on September 18, 2013. The DOH’s revisions clarify the process of application, reporting requirements, periodic review, and scope of antitrust protections for entities listed in a COPA, as well as the state agencies involved in the COPA program. Public comment on the revised regulations will be accepted through September 26, 2014.

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Multistate Tax Update — August 28, 2014

Professional athletes seem to have it all. They get to play sports for a living, travel around the country, spend lots of money, live in big homes, drive fancy cars, and gain notoriety and fame. The lifestyle of a professional athlete though can be quite taxing, literally. Professional athletes must navigate a complex scheme of state and local tax laws, and are subject to taxation in nearly every destination in which they perform over the course of a season. While there is a widespread perception that athletes are subject to a unique set of taxes specially designed for athletes, often referred to as “jock taxes”, that is not entirely accurate.

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Bernard Pinsky speaks on the TSX’s new rules against "zombie directors"

Bernard Pinsky was featured in “TSX makes majority voting mandatory,” an article about new rules against “zombie directors” of publicly traded companies. A zombie director is a person who does not have the confidence of a company’s investors, but remains on the board nonetheless. The new rules will “give more power to shareholders,” explains Pinsky, “moving towards more accountability.” Bernard was also featured in another article, “Traditional viewpoint appears to be in flux,” and commented on how, when it comes to negotiating in good faith, Canadian courts may start moving towards the position taken by U.S. courts in cases that required good faith negotiations.

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CIPO’s acceptable wares and services entries: added to TMClass, made Trilateral friendly

CIPO has announced two interesting changes regarding its Wares and Services Manual.

TMClass

First, CIPO-approved entries have now been added to TMClass, a multi-jurisdictional database of acceptable goods and services claims maintained by  Europe’s Office for Harmonization in the Internal Market (OHIM).  TMClass now contains acceptable goods and services descriptions for nearly 40 different jurisdictions in 29 different languages, making it an increasingly useful resource for practitioners who are crafting IDs with an eye to minimizing or altogether avoiding local ID objections.

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