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Vol. 5, Issue 18

Find Solutions & Strategies                                         May 5, 2014

Affordable Care Act
   
A new body of law with lots of moving parts
In This Issue
-ACA COMPLIANCE
-OPIOIDS & PILL MILLS
-LARSON'S SPOTLIGHT: Traveling Employee, Fraud, Exclusive Remedy, Slip and Fall
-INDEPENDENT MEDICAL REVIEW; MISSOURI RECENT CASES
-NATIONAL & STATE NEWS
-eNEWSLETTER ARCHIVES
A Note From the Editor
 

Dear Workers' Comp Community:

 

This issue contains the fourth article in our series on the Affordable Care Act. Join our community today. Sign up here for our free eNewsletter. 

  
Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
New! 2014 Edition

Order here

 

Enter Promo Code JCM164146
 
Monitoring the constant wave of legislative activity across this nation is one thing. Making it clear and understandable is quite another. Lexis has done an excellent job of both with the 'Workers' Compensation Emerging Issues Analysis'. Their choice of local experts is superb, and they provide both clear recap and commentary, giving clarity to what was, legislatively, a very tumultuous year."

 

-Robert H. Wilson, President & CEO, WorkersCompensation.com, LLC

 
affordable care act: a new body of law with lots of moving parts

"Practical guidance on administering ObamaCare and other health plans"

 

By Teresa McLoughlin Rice, Esq.

 

The acronym "ACA" has now joined the acronym "ADA" in the panoply of regulations with which companies must comply. As with any new and unfamiliar system, some companies may be uncertain as to what exactly is required of them. To that end, on April 22, 2014, LexisNexis held a webinar, Cutting Through the Noise: Practical Guidance on Administering ObamaCare and Other Health Plans designed to cut through the confusion. Over the course of an hour, panelists Cynthia Marcotte Stamer (a 25-year veteran of issues relating to employee benefits, health care and human resources matters) and Jaan Sidorov M.D. MHSA (general internist with over 20 years of experience in primary care, disease management and "population-based care coordination") gave practical advice to assist companies navigating through implementation of ACA-compliant insurance plans for their employees....read more.

pain in the heartland

The notorious case and convictions of pill mill doctor Stephen Schneider and his wife Linda

 

By Robin E. Kobayashi, J.D.

 

Robin Kobayashi 2010Far too often we hear about pill mill doctors who are shut down or even arrested. Rachel Aviv's article "Prescription for Disaster" (The New Yorker, May 5, 2014) provides insight into the disturbing details of what led one such doctor, an osteopath named Stephen Schneider, to prescribe large amounts of opioids to many of his patients. It all started in 2005 when the Wichita medical examiner discovered a "cluster" of suspicious deaths of 16 men and women who had died in their sleep. All had received "scripts" for painkillers from the Schneider Medical Clinic, which had opened its doors in 2002 in Haysville, a working class suburb outside of Wichita. Aviv unfolds a tale of a man who began as a respected doctor and who took on Medicaid patients whom no one else wanted to see. At his clinic Schneider was courted daily by 12 or so different pharmaceutical companies which, he said, "enlightened" him about how to treat chronic pain...read more.

LARSON'S SPOTLIGHT ON RECENT CASES

Thomas A. Robinson, J.D., our Feature National Columnist, is a leading commentator and expert on the law of workers' compensation.

 

Tom Robinson thumbnailMaryland: Employee's Injuries Sustained While Dancing in Night Club Were Compensable. A Maryland appellate court held compensable a claim filed by a traveling employee who sustained injuries when he slipped on some liquid that had been spilled onto a dance floor at a nightclub located within his hotel...read more.

 

Florida: Use of False Documents to Obtain Employment is Alone Sufficient to Constitute Violation of Workers' Comp Fraud Statute; No Comp Claim Need be Filed. A Florida appellate court held that a trial court had improperly dismissed a charge under § 440.105(4)(b), Fla. Stat., where the State showed that the defendant had used someone else's social security card and identity to secure employment...read more.

 

Washington: Tasered Trooper's Tort Action Against State Patrol Not Barred By Exclusive Remedy Rule. A Washington state appellate court held that the state's exclusive remedy rule did not bar a trooper's tort action alleging deliberate intentional infliction of "certain injury" sustained when he was "shot" with a Taser during police training...read more.

 

Oklahoma: Slip and Fall Outside Premises Door Still Compensable in Spite of Personal Errand. An employee's purpose in leaving work is relevant in deciding whether going and coming injuries arise out of employment; it is not, however, dispositive....read more.

lexisnexis legal newsroom blogs

Corey IngberCalifornia: The Assault on Independent Medical Review, by Corey Ingber, Esq. Read it.

 

 

 

  

 

Martin KlugMissouri: Court Rejects Independent Tort Claim for Not Paying Comp Awards, by Martin Klug, Esq. Read it.

 

Missouri: Temporary Benefits Awarded to Commuting Supervisor, by Martin Klug, Esq. Read it.

 

Missouri: Commission Resuscitates Extended Premises Doctrine, by Martin Klug, Esq. Read it.

national & state news

National & State-by-State News on the Free Web:   

 

Workers Comp Premiums Stabilizing Nationwide, Except in CA and NY.

Prescription Opioid Abusers Find Vastly Cheaper Alternative in Heroin.

Travelers Increases Number of Concierge Nurse Sites to Help WC Claimants.

Latest Drug Trend Report Shows Decline in WC Pharmacy Cost, Utilization.

NCCI Releases Report on Impact of Physician Fee Schedules.

Employers Advised to Provide Equipment, Furniture to Accommodate Obese Workers.

Express Scripts Receives Three Subpoenas Regarding Contracts With Drug Makers.

Guy Carpenter Report Shows Workers' Comp Reserves Improving.

ACOEM Appoints Kathryn Mueller, MD, MPH as New President.

CMS Mentions ICD-10 Implementation Date Set for 10/1/2015.

AK: WCB to Discuss Workers Comp Legislation at May 15 Meeting.

AZ: ICA to Meet June 19 to Discuss Special Fund Assessment.

AZ: ICA Extends Public Comment re 2014 Fee Schedule Changes.

AZ: Governor Signs SB 1181 re Insurance Guaranty Fund's Handling of WC Claims.

AR: Court Affirms Denial of Death Benefits Related to Drug Overdose.

CA: Governor Brown Appoints Katherine Zalewski to Workers' Comp Appeals Board.

CA: AB 1035 Extension to File Death Benefits for Firefighters, Officers Sent to Governor.

CA: Surgical Centers React to RAND Study on Outpatient Surgical Center Reimbursements.

CA: Business Climate Debated as Toyota Moves Jobs to Texas.

CA: Cal-OSHA Fines Tesla Motors $89K for Safety Violations re: Molten Metal Accident.

CA: RIMS 2014: William Zachry Honored as Risk Manager of the Year.

CO: Pinnacol Says Workplace Wellness Programs Can Decrease Health Risks by 25%.

CO: House Passes HB 1383 to Increase Doctor Choice for Injured Workers.

CT: SB 61 Would Change Hospital/ASC Reimbursement at 200% of Medicare Rate.

FL: Senate to Vote on HB 271 to Ease Work Stop Orders for Businesses. 

FL: HB 785 Employers Negotiating Retrospectively Rate Premiums Sent to Governor.

FL: HB 785 Nutrients, Dietary Foods, Medical Foods Not Reimbursable Sent to Governor.

FL: HB 633 Changes to Insurance Agency Licensure Law Sent to Governor.

FL: HB 7005 to Address Suspended Driving Licenses, Ability to Work Sent to Governor.

IL: Dept. of Corrections Investigating Possible Misconduct re: Prison Guard's 5th Comp Claim.

MA: DIA: New Appointments for Deputy General Counsel, Workers Comp Trust Fund Director.

NY: Dem. Lawmaker Calls for SWCB to Help Protect Home Health Care Providers.

NY: Dept. of Labor Announces New Standards for Classifying Commercial Truck Drivers.

NY: SWCB Posts Latest Authorized Health Care Provider List.

NY: Herkimer Entitled to Reduction in Amount Paid to WC Self-Insurance Plan. (court's decision).

NC: Rules Review Commission Approves All 35 Rule Changes on 4/17/2014.

OR: WCD Posts Proposed Changes to Workers Comp Rules.

OR: WCD Posts Opioid Guidelines, Calculators.

TX: Worker Advocates Claim Insurers Unilaterally Cut Off Lifetime Benefits to Injured Workers.

ENEWSLETTER ARCHIVES

ArchivesTake a deep dive into our past eNewsletters for 2014 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.

April 28, 2014: Workers Memorial Day: Honoring the Dead as We Fight for the Living

April 21, 2014: Quality "Continuum of Care" for Worst Case Lumbar Patients

April 14, 2014: Prescription Drug Trends for Workers' Comp.

April 7, 2014: Health Behaviors Contribute to Socioeconomic Differences in Mortality

ACCESS 2010-2014 ARCHIVES AND ARTICLES LIST HERE.

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