Health and Dental Law

Proposed Changes to Prescription Monitoring Program Would Affect Most Physicians

25 February 2013

By Dean P. Nicastro Massachusetts’ new Prescription Monitoring Program (PMP) Law (Chapter 244 of the Acts of 2012) provides that practitioners who prescribe controlled substances (Schedules II-V) will be automatically registered as participants in the state’s PMP when they obtain or renew their Massachusetts controlled substance registration. This provision took effect January 1, 2013, and the Massachusetts Department of Public...

Proposed Changes to Prescription Monitoring Program Would Affect Most Physicians

Mandatory Compliance and Ethics Programs for Nursing Homes

21 February 2013

By: Rebecca J. Merrill, Esq. Time is Running Out: March 23rd is the Deadline for Nursing Facilities to Implement Mandatory Compliance & Ethics Programs On or before March 23, 2013, Medicare and/or Medicaid certified nursing facilities must have in operation a Compliance & Ethics Program that is effective in promoting quality of care and preventing and detecting criminal, civil and...

Final Sunshine Act Rule on Disclosure of Gifts to Doctors and Hospitals

18 February 2013

by William M. Mandell The Centers for Medicare and Medicaid Services (“CMS”) released its final Sunshine Rule on February 1. This Rule implements the federal open transparency system, passed as part of Affordable Care Act that requires manufacturers of drugs, devices, biological, and medical supplies covered by Medicare, Medicaid, or the Children's Health Insurance Program to report payments or other...

Final Sunshine Act Rule on Disclosure of Gifts to Doctors and Hospitals

Apologizing for Medical Mistakes

6 February 2013

By Dean P. Nicastro Massachusetts health care providers (including hospitals, clinics, nursing homes, physicians, dentists, podiatrists, chiropractors, nurses, etc.) are now subject to the benefits and challenges of a new health care law impacting the arena of medical mistakes. Section 79L of Massachusetts General Laws Chapter 233, which took effect November 4, 2012, the so-called “Disclosure and Apology Law,” protects...

Owning and Leasing Medical and Dental Office Space: The Basics

31 January 2013

• Owning a Medical Office or Building When purchasing a commercial space or building for a medical or dental practice, it is always better to own the real estate through a separate legal entity both for tax and liability purposes. When purchasing real estate, bank counsel may be helpful, but he/she does not represent the interests of either the buyer...

HIPAA Laws And Dangerousness Disclosure

29 January 2013

by William M. Mandell In his January 15, 2013 letter to “our Nation’s Health Care Providers” United States Department of Health and Human Services Office of Civil Rights Director, Leon Rodriquez, highlights that HIPAA does not prohibit the disclosure of health information consistent with applicable ethical standards and state law if a patient presents a serious danger to themselves or...

Pierce & Mandell to Participate in Yankee Dental Congress 2013

17 January 2013

For the fourth consecutive year, Pierce & Mandell, P.C. is proud to be part of the Yankee Dental Congress, to be held January 30th through February 3rd at the Boston Convention & Exhibition Center. Yankee Dental Congress is a trade show and convention that draws thousands of dental professionals each year. Pierce & Mandell attorneys William M. Mandell, Kate...

HIPAA “De-Identification Process” is Clarified by Department of Health and Human Services

10 January 2013

By: Rebecca Merrill Guidance from the Office for Civil Rights (OCR) of the Department of Health and Human Services (HHS) provides clarity on the available methods of de-identification of protected health information (PHI) as well as the federal government’s scrutiny of such procedures. The Privacy Rule of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) established two methods...