Health Law Alert

In 1994, the HIV crisis was at its height, and confidentiality of HIV testing and test results was a grave concern. The Nebraska Unicameral enacted an unusual statute, requiring that no HIV test be administered without first obtaining the patient’s informed consent to the test. This was unusual because the […]

Medical devices are subject to numerous regulations and an intensive approval process to verify their safety for patient use–but what about the software that powers these devices? How secure is the software that operates insulin pumps or pacemakers? In addition to the requirement that medical device software meet general Food […]

Appendix Q to the State Operations Manual sets out surveyor guidance regarding Immediate Jeopardy findings. The revised guidance published by CMS in a Quality, Safety and Oversight Memo on March 5, 2019, includes a “Core” Appendix Q applicable to all provider and supplier types. Two subparts, applicable to nursing homes […]

On February 8, 2019, the Iowa Supreme Court, in Colwell v. Iowa Department of Human Services1 , limited dentists’ billing rights under Iowa Medicaid (“Medicaid”) by concluding that dentists cannot charge Medicaid patients when the managed care organization (“MCO”) denies reimbursement for covered services. In 2014, Iowa’s Medicaid expansion program […]

On February 1, 2019, the EEOC announced its extension of the EEO-1 filing deadline to May 31, 2019. The EEO-1 survey must be filed annually by private employers with 100 or more employees, and by federal contractors with 50 or more employees and a federal contract/subcontract in excess of $50,000. […]