On October 12, 2011, U.S. District Magistrate Cathy Bissoon of the United States District Court for the Western District of Pennsylvania issued an Opinion denying Highmark’s request for a preliminary injunction against UPMC, which injunction sought to restrain UPMC from publically discussing and stating that patients’ health care coverage could end as early as June…

Fourteen federal district courts, including the Western District of Pennsylvania, have been selected to participate in a ten year pilot project.  The goal of this patent pilot project is to enhance expertise in patent cases among U.S. district judges.

Patent cases filed in participating district courts are initially randomly assigned to all district judges, regardless…

Ohio Valley Health Services & Education Corporation, Ohio Valley Medical Center and East Ohio Regional Hospital have collectively entered into a corporate Integrity Agreement with the OIG in September 2011, which focuses on what are defined as “focus arrangements,” which is defined as every financial arrangement between the hospital system and physicians covered by the…

In Klutschkowski v. PeaceHealth, the Oregon Court of Appeals held that Oregon’s statutory cap on non-economic damages does not violate the state’s constitution remedy and jury trial clauses in an action brought to recover injuries sustained during child birth. Oregon law provides, with certain exceptions, “in any civil action seeking damages arising out of bodily…the…

Contributed by Lee Kim, Esq.

+1.412.594.3915

lkim@tuckerlaw.com

The deadline for requesting a hardship exemption for the 2012 Medicare Electronic Prescribing (eRx) Incentive Program adjustment is November 1, 2011.  According to CMS, beginning in 2011, eligible professionals who are not successful electronic prescribers may be subject to a payment adjustment on their future…

Contributed by: Lee Kim, 412.594.3915

The USPTO has updated its fee schedule effective September 26, 2011 following the enactment of the Leahy-Smith America Invents Act.  There is a 15-percent (15%) surcharge on all fees.

Summary of changes:

http://www.uspto.gov/aia_implementation/15_Percent_Surcharge_Fee_Changes.pdf

The Department of Health and Human Services has issued a News Release describing how the Affordable Care Act Grants are working to help contain health insurance premium hikes. The Affordable Care Act earmarked $250,000,000 in health insurance rate review grants. This money is being awarded to states to allow them to do a variety of things to…

Contributed by Lee Kim, Esq.

+1.412.594.3915

lkim@tuckerlaw.com

The America Invents Act has been signed into law by President Barack Obama today (September 16, 2011).  The effective date for many provisions is September 16, 2012.  Some provisions are effective immediately and still others are effective 10 days after the date of enactment.

The America Invents…

Contributed by Lee Kim, Esq.

+1.412.594.3915

lkim@tuckerlaw.com

The America Invents Act was recently passed by Congress and it is expected that President Obama will sign this legislation into law when it is presented to him.  Historically, the United States considers the first-to-invent as the person with rights to the invention.  However, this Act is…

Med Law Blog Editor

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