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Health Care
On April 23, 2024, the Federal Trade Commission (FTC), consistent with its January 2023 proposed rule, voted 3-2 for a nationwide ban against non-compete clauses in employment agreements with certain limited exceptions. These provisions, common in employment contracts, including many of those created to meet the needs of the health care sector, are intended to...
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For nearly 40 years the confidentiality of patient records created by federally-assisted programs to diagnose or treat substance use disorders have been protected by federal law (42 U.S.C. § 290dd-2) and regulations (42 C.F.R. Part 2). Part 2 requirements predate, and are more stringent than, the requirements under the Health Insurance Portability and Accountability Act...
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Virginia’s single technology platform that connected emergency departments across the state has expanded to permit data sharing between all health care providers, insurers and other organizations that have a treatment, payment or operations relationship with a patient in the Commonwealth.The Smartchart Network Program, formerly known as the Emergency Department Care Coordination (EDCC) Program, became effective...
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The U.S. Department of Health and Human Services (HHS) Office of the National Coordinator for Health Information Technology (ONC) issued the Health Data, Technology and Operability: Certification Program Updates, Algorithm Transparency, and Information Sharing (HTI-1) final rule Dec. 13. HTI-1 will impact health care providers, developers of certified health IT, health information networks, and health information exchanges,...
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In 2016, Congress passed the 21st Century Cures Act (Cures Act), a federal law that aims to innovate and advance patient care and increase the electronic exchange of patient medical records. To advance these goals, the Act specifically prohibits information blocking signaling that sharing electronic health information should be an expected standard in health care....
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Christian & Barton welcomes Rachel V. Rogers as an associate in the Health Care and Business Law practice groups. She assists clients with a variety of general health care matters, including state and federal regulatory compliance, managed care agreements, telehealth, reimbursement issues, Medicare and Medicaid concerns, breach of health records requirements, and general corporate matters....
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The 2023 Virginia General Assembly considered many health care-related bills during the course of the most recent session. Here is an overview of some of the more notable ones that became law July 1, 2023, unless otherwise noted. Attorneys and practice areas related to this topic include: Jonathan M. Joseph Health Care This item has...
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In recent years, most health care organizations with an online presence use website and mobile app tracking technology to determine how users navigate and engage with their sites and apps. They then use this information to improve site experience so it better aligns with user needs and preferences. However, the U.S. Department of Health and...
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The doctrine of informed consent posits that the patient is entitled to understand: What the doctor proposes and why; The risks and benefits of that proposed course of action; The available alternatives and the risks and benefits of each of those, including doing nothing. In Virginia, the duty of the physician, like all other aspects...
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Joseph P. McMenamin, an experienced health law attorney and former emergency physician, has joined Christian & Barton where he will continue his practice focused on digital health law and distance care matters. His typical representative matters include advising telehealth providers and companies on licensure, the provider-patient relationship, corporate practice issues, scope of practice, online prescribing,...
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