As we’ve discussed in previous blog posts, marijuana, whether used for medicinal or recreational purposes, is classified as a Schedule 1 drug under the Controlled Substances Act (CSA). The CSA prohibits the manufacturing, distributing, dispensing or possession of certain controlled substances, including marijuana and marijuana-based products and services. In addition, the CSA makes it
Healthcare Business Owners—HIPAA Still Applies After Closing Down Your Business
Filefax, Inc. (“Filefax”), an Illinois company that intimately handled sensitive Personal Health Information (“PHI”), paid $100,000 to the Department of Health and Human Services (“HHS”) to settle potential violations of the Health Insurance Portability and Accountability Act (“HIPAA”). The payment stemmed from, when still in business, Filefax allegedly improperly disclosing the PHI of approximately 2,150
DOJ Memoranda Encourage Dismissal of Declined False Claims Act Cases and Prohibit Government Reliance on Noncompliance with Agency Guidance Theory of Liability
The Department of Justice issued two memoranda at the start of 2018 that may have important effects on health care fraud investigations and prosecutions under the False Claims Act.
The first, Factors for Evaluating Dismissal Pursuant to 31 U.S.C. 3730(c)(2)(A), was issued by Michael Granston, Director of the DOJ Commercial Litigation Branch, Fraud Section,
New York May Consider Recreational Marijuana Legalization
New York is currently taking steps to investigate the possible legalization of recreational marijuana in New York.
In July 2017 we talked about the Marijuana Regulation and Taxation Act (“MRTA”), S.3040B/A.3506B, in Medical Marijuana 101: The State of the Law in NY. At that time, the bill, which seeks to regulate the growth, taxation,
Second 2018 Government Shutdown, Congressional Budget Deal and Healthcare
Just as everyday Americans were preparing their lives for a second United States government shutdown since the turn of the New Year, President Donald J. Trump signed into law a bipartisan (well, as bipartisan as it gets with this Congress) budget deal, focusing on some of the core issues facing us today and, in
Angry Text Message Recipient Loses Court Challenge On Flu Shot Reminder
It’s flu season again. Your PCP at WPMG is thinking of you!
So began the health care provider’s text message that prompted this month’s Second Circuit decision applying the Telephone Consumer Protection Act to a flu shot reminder, Latner v. Mount Sinai Health System, Inc.
Plaintiff had gone to defendant West Park Medical Group
Federal v. State Trademark Registration for Marijuana-Related Goods and Services
Despite numerous states having legalized medical marijuana, and a handful of others having legalized marijuana for recreational use, it still remains impossible to obtain a U.S. federal trademark registration for marijuana products or related goods or services. 
The U.S. Patent and Trademark Office (USPTO) is the federal agency charged with granting U.S. patents and registering
What are Your Thoughts on the Draft Trusted Exchange Framework?
On January 5, 2018, the United States Department of Health and Human Services released for public comment a draft Trusted Exchange Framework, which seeks to accomplish interoperability with respect to patients’ Electronic Health Information (“EHI”) through the creation of Health Information Networks (“HINs”). The 21st Century Cures Act, which Congress enacted in 2016,