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A Reminder to Employers: Taking a Step to Protect Yourselves

An April 2017 decision by the federal Sixth Circuit Court of Appeals could expand an employer’s liability for adverse employment actions unless the employer takes steps to avoid it. The Sixth Circuit’s decisions apply in Ohio, Michigan, Kentucky and Tennessee.   There is a liability theory known as the “cat’s paw.”  The court explained the […]

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March 2017 Update on Ohio Medical Marijuana Control Program: Second Opportunity for Public Comment on Physician Rules

  On March 23rd, it was posted that the Program has opened the second opportunity for public comment on the proposed Physician Rules. These proposed rules have been filed with the Common Sense Initiative Office as part of the rule-making process.         Comments must be received by no later than April 7, […]

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OIG Examines CMP Exception for Promoting Access to Care

On March 10, 2017, the Office of Inspector General (“OIG”) posted Advisory Opinion 17-01. The Advisory Opinion is available here. The OIG issued this favorable opinion on a proposal by an Academic Medical Center, including a Level I trauma center (together the “Center”), to provide free or reduced-cost lodging and meals to certain financially needy […]

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Form I-9 Reminder and Update

ALL employers, with very few exceptions, are required to have a properly completed Form I-9 for every employee hired after Nov. 6, 1986. Form I-9 is essentially the form that verifies the identity of the employee and confirms their eligibility to work in the United States. As of January 22, 2017, employers must use the […]

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School Law Update: U.S. Supreme Court Changes Understanding of IDEA Exhaustion

For 30 years, the education community has understood that the “exhaustion” provision of the Individuals with Disabilities Education Act (IDEA) meant that when a parent or student claims that their rights under the Americans with Disabilities Act (ADA) or Section 504 have been violated, if relief is also available under IDEA, they must first exhaust […]

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March 1, 2017 Deadline Approaches for Reporting Smaller Breaches of Unsecured PHI

HIPAA “Covered Entities” potentially have multiple notification obligations following breaches of unsecured protected health information (“PHI”). These obligations are shaped by the number of persons affected by the breach and could involve notices to the affected individuals, to the media, and to the government. In regard to notifying the government of those breaches of unsecured […]

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Update on Ohio Medical Marijuana Control Program

On January 27, 2017, it was posted to the webpage for the Ohio Medical Marijuana Control Program (the “Program”) that the Board of Pharmacy is seeking comment on draft rules that govern registration of patients with qualifying conditions and their caregivers. The Board of Pharmacy is developing these rules as part of its task to […]

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Health Law and Compliance Alert Update: Recent OIG Final Rules Affect CMP Authorities and Impact Patient Access to Care

The team at Spengler Nathanson issued a previous Alert on the passage of two new final rules by the Office of Inspector General (“OIG”) in December 2016.  These rules can be found at 81 Fed. Reg. 88334 and 81 Fed. Reg. 88368.  This is an update to that previous alert.  The regulations set forth in the […]

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Changes to Ohio’s Concealed Carry License (CCL) Laws

On December 19, 2016, the Governor signed into law Senate Bill 199.  The law will take effect on March 13, 2017.  Several areas of change generated considerable controversy during the legislative process:   Changes Affecting Colleges and Universities   Concealed carry is now permitted if a college, university, or higher education institution’s governing body adopts […]

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OIG Increases Monetary Thresholds for Gifts of “Nominal Value” to Beneficiaries — and Issues Final Rules Amending CMP Regulations and Adding FAKS Safe Harbors

OIG Increases Monetary Thresholds for Gifts of “Nominal Value” to Beneficiaries    As of December 7, 2016, the Office of Inspector General (“OIG”) has increased the amounts for the items or services it interprets to be “inexpensive” or of “nominal value” for purposes of Section 1128(A)(a)(5) of the Social Security Act (the “Act”). The increase […]

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