Product Description

Recent updates:

• Update: August 2022

  Dear Subscriber:

  Thank you for choosing to stay up-to-date in health-care and hospital law with this 2022 revised edition of the Massachusetts Health and Hospital Law Manual. Inside, you will find updates on such topics as the following:

  • Massachusetts state agencies—directory. See chapter 3 for updates to agency information, including governing regulations, descriptions of duties, and contact information changes.

  • Anti-Kickback Statute (AKS). See chapter 4 for discussion of the most recent AKS final rule, which modifies and adds new safe harbors by specifying certain payment practices that will not be subject to prosecution.

  • COVID-related developments. See chapter 9 for discussion of the Office for Civil Rights' additional guidance on how patient health information may be used and disclosed, as well as a brief overview on the intersection between the privacy rule and COVID-19 vaccination in the workplace.

  • Human medical research—accreditation standards. See chapter 10 for new material addressing the requirement that institutions provide tangible evidence (i.e., policies, procedures, practices) demonstrating their commitment to ethical and scientifically sound research. The chapter discusses the criteria whereby legacy organizations can obtain streamlined review.

  • EMTALA and COVID. See chapter 12 for a new discussion of the waiver of two aspects of the EMTALA requirements in light of the pandemic, and the impact of the patient's source of payment or ability to pay.

  We at MCLE trust that you will find this new material useful in your health-law practice and valuable in keeping your law library current.

  Cordially,

  Maryanne G. Jensen, Esq., MCLE Director of Publications

Table of Contents

Chapter 1 expand

Introduction

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Lawrence W. Vernaglia, Esq., Foley & Lardner LLP

Chapter 2 expand

Payment and Reimbursement for Health-Care Services

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Kyle Faget, Esq., Foley & Lardner LLP
Kara A. Sweet, Esq., Foley & Lardner LLP
Lawrence W. Vernaglia, Esq., Foley & Lardner LLP

Exhibit 2A

- Provider Types and Services Covered by MassHealth Buy Form

Chapter 3 expand

State and Federal Administrative Agencies Regulating Health-Care Providers and Payors

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Jessa Boubker, Foley & Lardner LLP
Olivia King, Foley & Lardner LLP
Lawrence W. Vernaglia, Esq., Foley & Lardner LLP

Chapter 4 expand

Hospital Law Basics

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Adria E. Warren, Esq., Foley & Lardner LLP

Chapter 5 expand

Representing Physicians and Other Practitioners

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Eve T. Horwitz, Esq., Archstone Law Group, PC
William M. Mandell, Esq., Pierce & Mandell, PC
Arlene R. Schuler, Esq., Archstone Law Group, PC

Chapter 6 expand

Postacute Care: Skilled Nursing, Assisted Living, Hospice, and Home Health

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Patricia Noyes-Corrigan, Esq., Gargiulo / Rudnick LLP

Chapter 7 expand

Fundamentals of Managed Care

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Michele M. Garvin, Esq., Children's Hospital Employee Relations
Katherine Moran Sullivan, Esq.,
Benjamin Wilson, Esq., Ropes & Gray LLP

Chapter 8 expand

Federal and State Enforcement

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Angela J. Benoit, Esq., Hooper, Lundy & Bookman, PC
David S. Schumacher, Esq., Hooper, Lundy & Bookman, PC

Chapter 9 expand

HIPAA and HITECH

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Laura L. Ferguson, Esq.,
David S. Szabo, Esq., Locke Lord LLP

Exhibit 9A

- HIPAA Standards and Transactions Buy Form

Chapter 10 expand

Biomedical Research

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Jessa Boubker, Foley & Lardner LLP

Chapter 11 expand

Patients’ Rights

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Joshua L. Abrams, Esq., Mass General Brigham
Angela J. Benoit, Esq., Hooper, Lundy & Bookman, PC
Diane B. Moes, Esq.,

Exhibit 11A

- G.L. c. 111, § 70E: Patients’ and Residents’ Rights Buy Form

Chapter 12 expand

The Emergency Medical Treatment and Labor Act

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Jessa Boubker, Foley & Lardner LLP
Alan H. Einhorn, Esq., Foley & Lardner LLP
Olivia King, Foley & Lardner LLP

Exhibit 12A

- Selected EMTALA Authorities and Resources Buy Form

Chapter 13 expand

Telehealth

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Ryan J. Cuthbertson, Esq., Hooper, Lundy & Bookman, PC
Amy M. Joseph, Esq., Hooper, Lundy & Bookman, PC
Jeremy D. Sherer, Esq., Hooper, Lundy & Bookman, PC

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