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All posts tagged with “Public Policy News | Laws / Legal.”



Optum to pay $20M to settle improper prescription allegations

07/02/24 at 03:00 AM

Optum to pay $20M to settle improper prescription allegations Becker's Hospital Review; by Rylee Wilson; 6/28/24 OptumRx will pay $20 million to settle allegations it improperly dispensed some opioid medications, the Justice Department said June 27. The settlement resolves an investigation into if OptumRx improperly filled certain opioid prescriptions between 2013 and 2015. The Justice Department alleged the pharmaceutical benefit manager improperly dispensed opioids in combination with other drugs, including benzodiazepines and muscle relaxants, from its mail-order pharmacy operations in Carlsbad, Calif. Opioids prescribed alongside benzodiazepines and muscle relaxants are commonly referred to as "trinity" prescriptions. These prescriptions raise red flags that the drugs may not be for legitimate medical use, and could lead to the diversion of controlled substances, the Justice Department said. In its investigation, the department alleged OptumRx dispensed trinity prescriptions without resolving red flags. OptumRx does not admit liability as part of the settlement.

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NAHC re-files lawsuit against HHS, CMS over home health cuts

07/02/24 at 03:00 AM

NAHC re-files lawsuit against HHS, CMS over home health cuts Home Health Care News; by Joyce Famakinwa; 6/28/24 The National Association for Home Care & Hospice (NAHC) hasn’t given up on efforts to push back on Medicare home health payment calculations. NAHC has re-filled its lawsuit against the U.S. Department of Health and Human Services (HHS). The lawsuit focuses on the home health PDGM budget neutrality adjustment, which imposed both permanent and temporary calculations with a methodology that NAHC believes is noncompliant with the law. The original lawsuit was filed last summer, and in April the case was dismissed by a federal court in Washington D.C. The case was dismissed on the basis that NAHC did not fully exhaust administrative appeal remedies. ... There are a number of factors that made NAHC decide to re-file the lawsuit, according to [NAHC President, William A.] Dombi. “No. 1, it will be faster,” he said. “No. 2, we are highly likely to get the same judge, as there’s a related litigation standard in an assignment of cases,” he said. One of the biggest factors that heavily contributed to NAHC’s decision was the Supreme Court ruling, which upended the Chevron Doctrine.

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How the Supreme Court’s Chevron Decision could help stop home health cuts

07/02/24 at 03:00 AM

How the Supreme Court’s Chevron Decision could help stop home health cuts Home Health Care News; by Andrew Donlan; 6/28/24 On Friday, the U.S. Supreme Court upended the Chevron doctrine precedent. For home health industry purposes, that means a potentially weakened Centers for Medicare & Medicaid Services (CMS) moving forward. The news comes just two days after the home health proposed payment rule was released, which included significant cuts for the third straight year. Broadly, moving away from the Chevron precedent – usually known as the Chevron doctrine – will mean less regulatory power for government agencies. Government agencies often take their own interpretations of certain laws and statutes, and then act upon those interpretations. ... The National Association for Home Care & Hospice (NAHC) already filed a lawsuit against the U.S. Department of Health & Human Services (HHS) and CMS over rate cuts in 2023. “In our own analysis, we believe that providers of home health have been underpaid as it relates to budget neutrality,” NAHC President William A. Dombi said when the lawsuit was filed. “At minimum, we would expect to see the rate cuts from 2023, that were permanent readjustments to the base rate, and the one proposed for 2024, along with the temporary adjustments … to go away. The end product of that is that we would have a stable system to deliver home health services to Medicare beneficiaries.”

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Nurse charged with stealing pills while taking care of hospice patient

05/27/24 at 03:00 AM

Nurse charged with stealing pills while taking care of hospice patient Fox56; by Emily Cherkauskas; 5/22/24Pennsylvania State Police say a registered nurse stole hundreds of prescription pills while taking care of a hospice patient. According to Pennsylvania State Police, on Feb. 12, troopers were contacted by the director of operations at the Amedisys Home Health / Hospice Care. Troopers were told that Registered Nurse Ashley Laura Miller, 36, of Mohrsville, had become a suspect in the theft and diversion of Oxycodone and Ativan prescriptions. ... [Upon] the passing of the patient, an additional nurse noted that 200 Oxycodone and 30 Ativan pills were missing from the narcotics count. ... On Wednesday, May 22, Miller was arraigned with bail set at $5000.

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Spread of assisted dying shines spotlight on difficult decisions

05/27/24 at 03:00 AM

Spread of assisted dying shines spotlight on difficult decisions Financial Times; by Charlotte Middlehurst; 5/22/24 The right to control your death is a principle that societies have debated for centuries. But, as more countries prepare to legalise medically-assisted dying, the reality of allowing the practice is sparking fresh ethical arguments. Some form of assisted dying is now legal in 9 countries, as well as in 11 US states and parts of Australia. [Click on the title's link for data and discussion regarding international policies; concerns about increased "unassisted suicide"; rapid legislative/medical decisions; inducing death; devaluing the lives of disabled persons; ethical choices based on economic factors; doctors' choices; and more.] 

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Connecticut hospices obtain carveout from sweeping safety bill

05/20/24 at 03:00 AM

Connecticut hospices obtain carveout from sweeping safety billMcKnight's Home Care; by Adam Healy; 5/15/24Grassroots advocacy paid off for Connecticut’s hospice providers. Last week, they successfully obtained a carveout from Senate Bill 1, which requires home-based healthcare providers to run background checks on all potential clients. “It was basically a total victory,” Barbara Pearce, chief executive officer of The Connecticut Hospice and the main proponent calling for a carveout, told McKnight’s Home Care Daily Pulse. “You’re never going to defeat Senate Bill One, because they said - in naming it - it’s their top priority. We just tried to take hospice off, and we did.” ... The bill would have unintentionally limited patients’ access to hospice care, Pearce said. By the time a background check could be conducted on a client, it may be too late to provide effective care for the patient. Furthermore, current staffing challenges hospices face would make compliance even harder, she noted.

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Wide-ranging health care bill gets final approval from CT House

05/08/24 at 03:00 AM

Wide-ranging health care bill gets final approval from CT House CT Mirror - Connecticut's Nonprofit Journalism; by Jenna Carlesso; 5/6/24The House gave final passage Monday to a wide-ranging health care bill that would add protections for home care workers, boost preparedness for cyberattacks at medical facilities and establish new regulations for the state’s health information exchange, among other reforms. ... The sections on additional protections for home care workers were prompted by the murder of visiting nurse Joyce Grayson, who was killed in October while working at a halfway house in Willimantic. ... The bill requires home health aide agencies to collect certain client information upon intake and make it available to any employee assigned to the client. Information includes a history of violence against health care workers, domestic abuse, substance use, psychiatric history, any listing on a sex offender registry, the crime rate of the municipality the person lives in, and whether there are any weapons or safety hazards in the home. [Click on the title's link for more important information about this bill's safety measures.]

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1st state passes law to decriminalize medical errors

04/29/24 at 02:15 AM

1st state passes law to decriminalize medical errors Becker's Hospital Review; by Erica Carbajal; 4/25/24Kentucky Gov. Andy Beshear recently signed a bill into law that shields healthcare providers from being criminally charged for medical errors, making it the first state to do so. HB 159 ensures that healthcare providers, including nurses, "shall be immune from criminal liability for any harm or damages alleged to arise from an act or omission relating to the provision of health services." It includes exceptions for negligence and intentional harm. ... In wake of [this article's cited] case, nurses and medical groups nationwide — including the American Nurses Association and the Institute for Healthcare Improvement — have called for systemwide workforce and safety reforms to focus on harm prevention, arguing that the criminalization of errors would discourage workers from reporting mistakes. ... The Kentucky Hospital Association said it supports the new law.

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Across the nation, the fight’s on to protect physician-led care

04/29/24 at 02:00 AM

Across the nation, the fight’s on to protect physician-led careAmerican Medical Association - AMA; by Kevin B. O'Reilly; 4/25/24After helping state medical associations and national specialty societies defeat more than 100 bills to inappropriately expand nonphysicians’ scope of practice in 2023, the AMA is again relentlessly joining its allies in organized medicine to continue the fight for physician-led, team-based care in this year’s legislative session. This intensive and effective advocacy effort has ranged across the country, as the AMA has helped battle scope creep in Alaska, Connecticut, Georgia, Oklahoma, New Hampshire and elsewhere.

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Over 1,200 medical marijuana cards issued ahead of Qualla Boundary dispensary opening

04/18/24 at 03:00 AM

Over 1,200 medical marijuana cards issued ahead of Qualla Boundary dispensary opening Blue Ridge Public Radio News, by Lilly Knoepp; 4/16/24 This Saturday, North Carolina will become the 39th state with access to medical marijuana as the Eastern Band of Cherokee opens the first marijuana dispensary in the state. The Great Smoky Cannabis Company will host a ribbon cutting ceremony followed by a grand opening at 10 a.m. A spokesperson for ECBI said preparations for the opening have involved a variety of stakeholders. ... In March, ... a total of 1,200 cards had been issued. Now, he says, there have been 3,000 applications submitted to the board.

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The Maine Death with Dignity Act Annual Report - Data from calendar year 2023

04/16/24 at 03:00 AM

The Maine Death with Dignity Act Annual Report - Data from calendar year 2023 Produced by Data, Research, and Vital Statistics Maine Center for Disease Control and Prevention Department of Health and Human Services; 4/12/24 In accordance with 22 MRS § 2140(17), the Department of Health and Human Services (Department) [has generated and made available] to the public an annual statistical report of information collected under the Maine Death with Dignity Act. ... This report is for patients who completed a written request for medication to hasten their death in calendar year 2023. Patients who completed the oral request but not a written request within the calendar year will be included in the subsequent year’s report.

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New documentary explores how Lower Moreland’s Terri Schiavo’s story captured the nation

04/08/24 at 03:00 AM

New documentary explores how Lower Moreland’s Terri Schiavo’s story captured the nation Delco.Today, by Tracey Romero; 4/3/24 Between Life & Death: Terri Schiavo’s Story, a new documentary about the right-to-die case of Lower Moreland Township native Terri Schiavo is streaming on Peacock, writes Brian Brant for People. Schiavo who lived in Florida with her husband lived in a persistent vegetative state for 15 years after experiencing cardiac arrest. The documentary explores the familial legal battle over whether or not Schiavo’s feeding tube should be removed.

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Connecticut Appellate Court rules employer could discharge medical marijuana user impaired on the job

03/29/24 at 03:15 AM

Connecticut Appellate Court rules employer could discharge medical marijuana user impaired on the job The National Law Review; by John G. Stretton, Nicole S. Mulé, Zachary V. Zagger of Ogletree, Deakins, Nash, Smoak & Stewart, P.C.; 3/27/24 On March 19, 2024, the Connecticut Appellate Court upheld an employer’s right to discharge an employee for being impaired on the job from medical marijuana under a state law that provides employment protections for qualified medical marijuana users.

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Dr. Kevorkian was convicted of murder 25 years ago today: Examining the mixed legacy of a fighter for patient autonomy

03/27/24 at 03:00 AM

Dr. Kevorkian was convicted of murder 25 years ago today: Examining the mixed legacy of a fighter for patient autonomy Reason, by Jeffrey A. Singer; 3/26/24Today marks the 25th anniversary of Dr. Jack Kevorkian's conviction of second-degree murder for performing euthanasia on Thomas Youk, a Michigan man suffering from amyotrophic lateral sclerosis, or Lou Gehrig's Disease. ... Kevorkian, a medical pathologist, had been defying state laws by engaging in assisted suicide—he claimed to help more than 130 people die— often using machines. But this was different. Kevorkian was not assisting a suicide. Kevorkian videotaped himself injecting Youk with lethal chemicals. He was doing all the work. And despite having received Youk's informed consent, the Michigan Court considered it murder. ... Today, physician-assisted suicide is legal in 11 jurisdictions: California, Colorado, the District of Columbia, Hawaii, Montana, Maine, New Jersey, New Mexico, Oregon, Vermont, and Washington.  ... Autonomous adults have the right to govern their bodies freely, provided they respect the equal rights of others. ... Active and passive euthanasia are grim exercises for physicians like me who decided to become doctors because we wanted to save lives. ... Editor's Note: Read more from this article that provides significant contexts for today's conflicts: historical, legal, medical, ethical, and geographical (USA and international) .

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Noem signs bill removing some medical marijuana dispensary protections

03/22/24 at 03:00 AM

Noem signs bill removing some medical marijuana dispensary protections SDPB Radio (South Dakota Public Radio), by Evan Walton; 3/19/24 Gov. Kristi Noem has signed a bill removing some protections medical cannabis facilitates now receive. Senate Bill 71 allows local law enforcement to inspect, search, seize, prosecute, or impose disciplinary action on medical cannabis dispensaries. This includes medical cannabis cultivation, manufacturing, and testing facilities. 

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Facing dementia: Clarifying end-of-life choices, supporting better lives

03/01/24 at 03:00 AM

Facing dementia: Clarifying end-of-life choices, supporting better lives The Hastings Center; 2/28/24The report includes 10 recommendations for policymakers, research funders, clinical and legal practitioners, and professional societies. ... “Facing Dementia: Clarifying End-of-Life Choices, Supporting Better Lives” is the major product of a Hastings Center research project, codirected by Hastings senior research scholar Nancy Berlinger and President Emerita Mildred Z. Solomon. 

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Proposed legislation would create tax credits for family caregivers

02/28/24 at 03:00 AM

Proposed legislation would create tax credits for family caregiversHospice News, by Jim Parker; 2/23/24A bill to strengthen support for family caregivers is working its way through Congress. If enacted, it would create tax credits to help offset the financial burdens of caring for the seriously ill. ... The nation’s health care system is lacking in support for caregivers of the terminally ill, who are often left with a heavy financial and logistical burden. Without assistance or relief, these difficulties can impede access to hospice and other types of home-based care.

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[Maryland] Medical aid-in-dying bill short on votes, unlikely to pass Senate committee

02/28/24 at 03:00 AM

[Maryland] Medical aid-in-dying bill short on votes, unlikely to pass Senate committeeMaryland Matters, by Danielle J. Brown; 2/26/24A controversial bill for medical aid-in-dying, which would allow qualifying terminally-ill patients to prompt their own death with the help of a physician, will likely be stalled for a least another year, as some senators “continue to wrestle” with the issue, Senate Judicial Proceedings Committee Chair Will Smith (D-Montgomery) said Monday night.

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Exploring the role of medicinal cannabis in palliative care

02/22/24 at 03:00 AM

Exploring the role of medicinal cannabis in palliative careMicrodose, by Keith Fiveson; 2/19/24Palliative care is a crucial aspect of healthcare, aiming to enhance the quality of life for patients facing incurable illnesses. Within this context, the use of medicinal cannabis (MC) has emerged as a potential avenue for addressing various symptoms and improving overall well-being. This article delves into a systematic review conducted by Marjan Doppen and colleagues, which examines the current evidence surrounding MC’s effects and potential harms in palliative care settings.

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[Nebraska] New polling finds 70% support for legalizing medical cannabis

02/21/24 at 03:00 AM

[Nebraska] New polling finds 70% support for legalizing medical cannabisNebraska Examiner, by Paul Hammel; 2/19/24New polling found that 70% of respondents are ready to legalize medical marijuana in Nebraska and that a majority of those responding want to approve a novel alternative to property, sales and income taxes.

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Most Pa. workers can’t take paid leave to care for sick loved ones. State law could change that

02/20/24 at 03:00 AM

Most Pa. workers can’t take paid leave to care for sick loved ones. State law could change thatWESA Pittsburgh's NPR News Station, by Kristen Mosbrucker-Garza; 2/18/24About 66% of workers statewide don’t have paid family and medical leave benefits, according to a U.S. Census compensation survey from March 2022. And the brunt of that unpaid work often falls on any women in the household, said Meghan Pierce, CEO of the Executive Forum of Women in Philadelphia. ... The Executive Forum of Women, created in the late 1970s, is one organization in the coalition of nonprofits and businesses pushing to get paid family medical leave as a state law in Pennsylvania. 

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South Dakota campaign joins state and federal efforts to expand rural telehealth access

02/15/24 at 03:00 AM

South Dakota campaign joins state and federal efforts to expand rural telehealth accessMcKnights Senior Living, by Aaron Dorman; 2/12/24The continued need for telehealth options is particularly important for older adults living in rural areas. That reality may explain, in part, why South Dakota is working on legislation that would grant $5 million to assisted living communities and nursing facilities in the state to implement telehealth and telemedicine technology. 

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From “high potential for abuse” to “accepted medical use”: Tracking developments and possible outcomes of federal cannabis rescheduling in the U.S.

02/09/24 at 03:00 AM

From “high potential for abuse” to “accepted medical use”: Tracking developments and possible outcomes of federal cannabis rescheduling in the U.S.JD Supra, by Jean Smith-Gonnell and Cole White; 2/7/24Whether you believe that cannabis legalization has occurred too quickly or too slowly, one thing is certain: recent developments herald a potentially seismic shift in federal cannabis policy in the U.S. ... This article aims to catch readers up on the latest developments in federal cannabis legalization.

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NJ Governor signs Medicaid palliative care bill into law

01/31/24 at 04:00 AM

NJ Governor signs Medicaid palliative care bill into lawC+TAC press release; 1/23/24New Jersey Governor Phil Murphy signed AB 5225 into law on December 21, 2023, requiring the development of a palliative care services benefit aimed to improve the quality of life for Medicaid beneficiaries with serious illness and their caregivers. 

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Alzheimer’s Association calls for federal involvement to increase dementia care workforce, training in assisted living

01/30/24 at 03:15 AM

Alzheimer’s Association calls for federal involvement to increase dementia care workforce, training in assisted livingMcKnights Senior Living, by Lois A. Bowers; 1/29/24“Congress should consider the steps it can take at the federal level, including expanding the necessary workforce and improving dementia training standards and access,” as part of efforts to “help ensure a quality direct care workforce that can meet the unique needs of our nation’s growing number of Americans living with Alzheimer’s and other dementia” in assisted living communities and elsewhere, the Alzheimer’s Association and its advocacy affiliate, the Alzheimer’s Impact Movement, said in comments submitted to the US Senate Special Committee on Aging for the record of the hearing it held Thursday, titled “Assisted Living Facilities: Understanding Long-Term Care Options for Older Adults.”

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