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Health and Dental Law

Bill Mandell is Featured Speaker at 2022 Yankee Dental Congress

3 January 2022

Pierce & Mandell, P.C. Dental and Business Law Practice Area Leader, Bill Mandell, will be serving on the faculty of the 2022 Yankee Dental Conference, scheduled for January 27 - 29, 2022. Bill will presenting a course on Legal Issues for Practice Transitions and Start-Ups, Thursday, January 27 from 2 to 4pm. The course covers the major events in the...

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Bill Mandell is Featured Speaker at 2022 Yankee Dental Congress

Responding to a Complaint Made to the Board of Registration of Psychologists

17 December 2021

By: Curtis B. Dooling Receiving a letter from a licensing board about a patient who has filed a complaint is an unpleasant but all too common experience for licensed health and dental professionals. Each licensing board has its own regulatory process and standards that govern the licensure and discipline of licensees. In Massachusetts, the Board of Registration of Psychologists (“Board”)...

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Responding to a Complaint Made to the Board of Registration of Psychologists

Bill Mandell Serves on the Faculty of the Annual MCLE Hospital & Health Law Conference

1 November 2021

Pierce & Mandell, P.C. Health Law Practice Area Leader, Bill Mandell, once again served on the faculty of MCLE’s Annual Hospital & Health Law Conference on October 22, 2021. He was the co-presenter on Representing Physician & Other Health Care Providers. Bill has served on the faculty of the annual conference on Massachusetts health law every year since 2003. The...

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Bill Mandell Serves on the Faculty of the Annual MCLE Hospital & Health Law Conference

Pierce & Mandell Attorneys Present and Exhibit At the 2020 Yankee Dental Conference

15 February 2020

For the 11th consecutive year, Pierce & Mandell, P.C. exhibited at the 2020 Yankee Dental Conference held on January 30 – February 1, 2020, attended by dentists and their staffs from New England and beyond, and by other strategic partners and service professionals in the dental community. Pierce & Mandell Dental Practice Group attorneys, Bill Mandell, Hannah Schindler Spinelli, Sam...

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Pierce & Mandell Attorneys Present and Exhibit At the 2020 Yankee Dental Conference

Bill Mandell to Speak at 2020 Annual Meeting of MA Association of Practicing Urologists

14 February 2020

Bill Mandell, Pierce & Mandell, P.C. Shareholder and Health Law Practice Group Head, will be the key speaker at the 2020 Annual Meeting of the Massachusetts Association of Practicing Urologists on April 15, 2020. Bill will lecture on the topic of “Legal and Compliance Issues and the Practice of Urology.” MAPU is dedicated to improving the standards and practice of...

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Bill Mandell to Speak at 2020 Annual Meeting of MA Association of Practicing Urologists

Bill Mandell is Featured Speaker at 2019 MCLE Hospital & Health Law Conference

24 April 2019

Pierce & Mandell, P.C. Health Law Practice Area Leader, Bill Mandell, will be serving on the faculty of MCLE’s Annual Hospital & Health Law Conference 2019, scheduled for May 23. The program is celebrating its 20th anniversary and is the preeminent health law conference in Massachusetts. Bill will co-presenting the session on health law for physicians. For additional details about...

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Bill Mandell is Featured Speaker at 2019 MCLE Hospital & Health Law Conference

New Massachusetts Law Requires Dental Practice Owners to Provide Additional Compensation for Associate Post-Termination Non-Compete Covenants Agreements

4 February 2019

While Massachusetts law (See, Massachusetts General Laws Chapter 112, Sections 12X and 74D) has long provided that employed physicians and nurses cannot be subject to post-termination non-compete covenants, the Massachusetts Legislature has never extended the same unenforceability to such non-competes appearing in associate contracts for dentists. Massachusetts dental practice owners have thus come to rely on post-termination non-compete covenants as...

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New Massachusetts Law Requires Dental Practice Owners to Provide Additional Compensation for Associate Post-Termination Non-Compete Covenants Agreements

Pierce & Mandell Attorneys Represent Hospitals and Doctors in Hospital Privileges Proceedings

2 November 2018

Led by founding shareholders Bob Pierce and Bill Mandell, Pierce & Mandell has successfully represented hospitals, medical staffs and their executive committees, and individual doctors in peer review proceedings involving the revocation, suspension or modification of an individual doctor’s hospital privileges. These matters carry great weight and pit competing interests against each other: for the hospital and medical staff, patient...

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Pierce & Mandell Attorneys Represent Hospitals and Doctors in Hospital Privileges Proceedings

Bill Mandell was Quoted in the May 2018 ED Legal Letter Article

21 May 2018

Bill Mandell was quoted in the May 2018 ED Legal Letter article on case law expanding ED’s legal exposure if discharged psychiatric patient commits violence.

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Bill Mandell was Quoted in the May 2018 ED Legal Letter Article

Guidance to Massachusetts Health Care Providers Regarding the Release of Protected Health Information

4 May 2018

By Curt Dooling, Matt Lauring and Bill Mandell Hospitals and health care facilities, medical and other group practices, and individual clinicians regularly receive requests for patient records and information. It is often confusing for providers to determine when and under what circumstances they are permitted to disclose such records. Discovering parties can use the legal process to compel a response...

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Guidance to Massachusetts Health Care Providers Regarding the Release of Protected Health Information

Practice Transitions - Process and Substance

22 January 2018

When buyers and seller of dental, medical and other professional practices begin to think about practice sales, associate buy-ins, mergers or other major acquisition events, most of the focus is on the substantive terms. What is the value of the practice? What is being purchased and sold and what is the purchase price? How will the deal be structured and...

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Practice Transitions - Process and Substance

Pierce & Mandell, P.C. at Yankee Dental Congress 2018

17 January 2018

For the ninth consecutive year, Pierce & Mandell, P.C. is proud to be part of the Yankee Dental Congress, January 25th through January 27th at the Boston Convention & Exhibition Center. Yankee Dental Congress is an educational program and convention that draws thousands of dental professionals each year. Pierce & Mandell attorneys who focus on representing dental professionals and practices...

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Pierce & Mandell, P.C. at Yankee Dental Congress 2018

Bill Mandell was Quoted in the April 2017 Emergency Department Legal Letter Article

6 April 2017

Bill Mandell was quoted in the April 2017 Emergency Department Legal Letter article on visitors and guns in hospital emergency departments and suggested a useful policies for hospitals to consider.

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Bill Mandell was Quoted in the April 2017 Emergency Department Legal Letter Article

Bill Mandell: Faculty at the MCLE Annual Massachusetts Health and Hospital Law Conference 12 years in a Row

6 December 2016

For the 12th year in a row Pierce & Mandell, P.C.’s Bill Mandell, was a faculty member at the MCLE Annual Massachusetts Health and Hospital Law, 2-day conference on November 21 and 22, 2016.  Bill co-presented the panel on the law of physicians. He is also a co-author of the related MCLE publication, the Massachusetts Health and Hospital Law Manual....

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Bill Mandell: Faculty at the MCLE Annual Massachusetts Health and Hospital Law Conference 12 years in a Row

Mass HIway likely to see changes in the near future

1 December 2016

By Karen Rabinovici The state-sponsored Health Information Exchange, known as the Mass HIway, was launched in October 2012, offering doctors’ offices, hospitals, laboratories, pharmacies, skilled nursing facilities, and other healthcare organizations a method by which to securely exchange information electronically with each other.  The aim of the Mass Hiway was to improve care coordination and delivery, avoid readmissions and medical...

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Mass HIway likely to see changes in the near future

Bill Mandell Revisits the Need for Clarity under Massachusetts Law for Permitted Health Provider Disclosure to Protect Public Safety

17 June 2016

by Bill Mandell In the wake of yet another senseless mass killing tragedy I am posting an article I wrote in 2013 for the Boston Bar Association Health Law Reporter on the need for a new law in Massachusetts allowing health care providers to report dangerous persons or situations. Click here to read the article.

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Bill Mandell Revisits the Need for Clarity under Massachusetts Law for Permitted Health Provider Disclosure to Protect Public Safety

Pierce & Mandell Sponsor St. Camillus Health Center Golf Tournament

31 May 2016

Pierce & Mandell was  a proud sponsor of the third annual St. Camillus Health Center golf tournament held at Blissful Meadows Country Club in Uxbridge on May 24.  The tournament raised thousands of dollars for St. Camillus, a non-profit facility located in Whitinsville that provides rehabilitation, skilled nursing and short and long term care to the poor, sick and elderly. ...

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Pierce & Mandell Sponsor St. Camillus Health Center Golf Tournament

Bill Mandell will be Boston Bar Association Featured Panelist

13 April 2016

Health Law Practice leader, Bill Mandell, will be a featured panelist on April 28, 2016 at the Boston Bar Association’s seminar entitled: “New DOI Guidance on Direct Primary Care Practices in Massachusetts.”

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Bill Mandell will be Boston Bar Association Featured Panelist

Pierce & Mandell Participated in Yankee Dental Congress 2016

2 February 2016

For the seventh consecutive year, Pierce & Mandell, P.C. was proud to be part of the Yankee Dental Congress, held January 28th through January 30th at the Boston Convention & Exhibition Center. Yankee Dental Congress is a trade show and convention that draws thousands of dental professionals each year.  Pierce & Mandell attorneys William M. Mandell, Michael C. Fee, Hannah...

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Pierce & Mandell Participated in Yankee Dental Congress 2016

Bill Mandell Will be a Featured Panelist at the Boston Bar Association Seminar

24 December 2015

Health Law Practice leader, Bill Mandell, will be a featured panelist on Thursday, January 7, 2016 at the Boston Bar Association’s seminar entitled “Accountable Care Organizations: How They Work, Do They Work?”

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Bill Mandell Will be a Featured Panelist at the Boston Bar Association Seminar

More Substance Abuse Treatment Beds Needed to Take on Opioid Crisis - Boston, MA

18 November 2015

By Thomas Kenney and Brandon Saunders If the image of the crumbling state hospital in the Leonardo DiCaprio film Shutter Island seems eerily familiar, it may be because the building used in the film was the former Medfield State Hospital, itself shuttered along with most state hospitals as the Commonwealth moved away from institutional care in favor of a community-based...

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More Substance Abuse Treatment Beds Needed to Take on Opioid Crisis - Boston, MA

Bill Mandell was Quoted in ED Legal Letter – Boston, MA

14 October 2015

Bill Mandell was quoted in the attached article Are ED Policies Inflexible? featured in the publication ED Legal Letter (November 2015), discussing the importance of having good EMTALA policies for hospitals and their medical staffs. To see the article click here.    

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Bill Mandell was Quoted in ED Legal Letter – Boston, MA

Quality Metrics and Physician Guidelines in Malpractice – Boston, MA

2 June 2015

Bill Mandell, Head of Pierce & Mandell’s Health Law Practice, was recently quoted in an article appearing in the publication, ED Legal Letter, on the use of quality metrics and physician guidelines in malpractice suits. To see the article click here.    

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Quality Metrics and Physician Guidelines in Malpractice – Boston, MA

Direct Primary Care: A New Form of Primary Care Delivery for Massachusetts and the US?

27 May 2015

One of the great pleasures we have as health lawyers is the opportunity to work with caring and innovative professionals who are constantly striving to re-engineer and improve our system of health care delivery for their patients. One such new innovation taking root here in Massachusetts, and growing around the country, is direct primary care (DPC), a new model of...

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Direct Primary Care: A New Form of Primary Care Delivery for Massachusetts and the US?

Addiction Treatment Centers in Massachusetts Being Overrun By Epidemic

5 May 2015

By Brandon Saunders Governor Charlie Baker’s recent description of drug addiction in Massachusetts as a “public health emergency” is a welcome acknowledgement of a crisis that is swamping treatment centers, hospitals and the criminal justice system. The Governor is asking a task force he assembled to come back with strategies for dealing with addiction, treatment and recovery. Those recommendations are...

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Addiction Treatment Centers in Massachusetts Being Overrun By Epidemic

Medicare Physician Payment: A Brave New MACRA and MIPS World

30 April 2015

By William Mandell, Esq. and Karen Rabinovici, Esq. The Medicare Access and CHIP Reauthorization Act of 2015 (“MACRA”)  --  passed this month in an unusual bipartisan effort  -- permanently repealed the Medicare Part B Sustained Growth Rate formula that would have resulted in a 21.2% cut to physician reimbursement scheduled to take effect on  April 1, 2015. It also notably...

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Medicare Physician Payment: A Brave New MACRA and MIPS World

Obama Administration Announces “Next Generation ACOs”

19 March 2015

by Curtis Dooling On March 10th, the Centers for Medicare and Medicaid Services launched a new Accountable Care Organization (ACO) program called the Next Generation ACO. The Next Generation ACO builds on earlier ACO models. ACOs were established under the Affordable Care Act to provide high-quality care to Medicare beneficiaries through coordination of doctors, hospitals, and other health care providers....

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Obama Administration Announces “Next Generation ACOs”

William M. Mandell was quoted in the July 2014 Physician Risk Management

24 July 2014

William M. Mandell was quoted in the July 2014 Physician Risk Management article entitled: “Sunshine Act reporting has implications for malpractice litigation”.  

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William M. Mandell was quoted in the July 2014 Physician Risk Management

Systems Engineering and Health Care Reform - Boston

18 July 2014

By: Scott M. Zanolli and William M. Mandell, Esq. While reasonable minds may debate the methodologies and cost shifting associated with the Affordable Care Act, it is undeniable that millions of individuals have gained access to the health care system this year as a result of its implementation.  Increased access brings many challenges for professionals at all levels to provide...

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Systems Engineering and Health Care Reform - Boston

Pierce & Mandell, P.C. to Sponsor the Annual Schwartz Center Health Attorneys Breakfast - Boston

19 March 2014

Pierce & Mandell, P.C. is proud to be a sponsor law firm for the Annual Schwartz Center Health Policy Breakfast, to be held on Friday, April 4. This year’s program will focus on the Schwartz Center's Call to Action, which outlines seven guiding commitments to create a more compassionate healthcare system. Peter Slavin, MD, CEO of MGH; Sandra Fenwick, CEO...

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Pierce & Mandell, P.C. to Sponsor the Annual Schwartz Center Health Attorneys Breakfast - Boston

The HIPAA/HITECH Mega Rule Compliance Deadline is Fast-Approaching

9 September 2013

By Karen Rabinovici, Esquire The September 23, 2013 deadline for compliance with the final Omnibus Rule which amends HIPAA and the HITECH Act, called the “Mega Rule,” is just 15 days away.  The Mega Rule, which became effective on March 26, 2013, calls for medical providers to update and revise privacy policies, procedures and notices, business associate relationships and agreements,...

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The HIPAA/HITECH Mega Rule Compliance Deadline is Fast-Approaching

Read William Mandell's Most Recent Article in Boston Bar Association's Health Law Reporter

10 July 2013

William M. Mandell who heads Pierce & Mandell’s Health Law Practice authored an article entitled: “Should I Tell Someone?” Permissible Disclosures by Massachusetts Health Providers and the Need for Greater Statutory Clarification which was  published in the Boston Bar Association's Health Law Reporter Summer 2013 edition.  To read this article, click here.

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Read William Mandell's Most Recent Article in Boston Bar Association's Health Law Reporter

UPDATING BUSINESS ASSOCIATE AGREEMENTS TO COMPLY WITH NEW HIPAA CHANGES - Boston

1 July 2013

The federal HHS Office of Civil Rights recently adopted final HIPAA regulations covering a broad range of topics, to strengthen privacy and security protections for individual health information.  This blog is another in a series examining these new regulatory requirements. By Dean P. Nicastro, Esq. The new HIPAA Final Rule for Privacy, Security, Enforcement and Breach Notification (adopted in January...

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UPDATING BUSINESS ASSOCIATE AGREEMENTS TO COMPLY WITH NEW HIPAA CHANGES - Boston

CMS and OIG Propose to Amend Stark and Anti-Kickback Rules for EHR Donations

1 May 2013

By Dean P. Nicastro Last month, the Centers for Medicare & Medicaid Services (CMS) and the Office of Inspector General of the U.S. Department of Health and Human Services (OIG) proposed similar amendments to the Stark exception and to the Anti-Kickback safe harbor for the donation of electronic health records (EHR).  The current rules permit hospitals, group practices and other...

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CMS and OIG Propose to Amend Stark and Anti-Kickback Rules for EHR Donations

New HIPAA Limitations and Changes

1 April 2013

NEW HIPAA LIMITATIONS ON USE AND DISCLOSURE OF PROTECTED HEALTH INFORMATION AND REQUIRED CHANGES TO NOTICE OF PRIVACY PRACTICES AND POLICIES (I)The United States Department of Health and Human Services Office of Civil Rights final modified HIPAA regulations under the HITECH Act are now in effect and health care providers must achieve compliance with all of the new requirements by...

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New HIPAA Limitations and Changes

New HIPAA Regulations Impact Health Care Providers and Business Associates - Boston, MA

18 March 2013

The federal HHS Office of Civil Rights recently adopted final HIPAA regulations covering a broad range of topics, to strengthen privacy and security protections for individual health information.  This blog is Part 1 in a series.    By Dean P. Nicastro, Esq. Business Associates. The new HIPAA regulatory amendments make business associates directly liable for various requirements in the HIPAA...

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New HIPAA Regulations Impact Health Care Providers and Business Associates - Boston, MA

Health Law Provider Alert: New Notice Requirement for Material Change to Provider Operations or Governance

15 March 2013

By: Rebecca Merrill, Esq. Massachusetts hospitals and medical groups contemplating a proposed acquisition, integration or affiliation must be aware of a new governmental reporting mandate and cost/market based oversight unique to Massachusetts that has just gone into effect. The Massachusetts Cost Containment Law, passed last year, establishes a new requirement that every Massachusetts provider and provider organization must submit notice...

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Health Law Provider Alert: New Notice Requirement for Material Change to Provider Operations or Governance

Dental Law - Dentists Participating In MassHealth Take Note! - Boston, MA Lawyers

13 March 2013

By: Kate L. Auerbach, Esq. All dental providers that participate in MassHealth must understand that while they may code for the services they perform using the federally mandated American Dental Association’s (“ADA”) Code on Dental Procedures (the “Code”), MassHealth will look to 130 CMR 420.000 and 450.000 which contain the specific state regulations governing dental services. All dental providers participating...

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Dental Law - Dentists Participating In MassHealth Take Note! - Boston, MA Lawyers

Proposed Changes to Prescription Monitoring Program Would Affect Most Physicians

25 February 2013

By Dean P. Nicastro Massachusetts’ new Prescription Monitoring Program (PMP) Law (Chapter 244 of the Acts of 2012) provides that practitioners who prescribe controlled substances (Schedules II-V) will be automatically registered as participants in the state’s PMP when they obtain or renew their Massachusetts controlled substance registration.  This provision took effect January 1, 2013, and the Massachusetts Department of Public...

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Proposed Changes to Prescription Monitoring Program Would Affect Most Physicians

Mandatory Compliance and Ethics Programs for Nursing Homes

21 February 2013

By: Rebecca J. Merrill, Esq. Time is Running Out: March 23rd is the Deadline for Nursing Facilities to Implement Mandatory Compliance & Ethics Programs On or before March 23, 2013, Medicare and/or Medicaid certified nursing facilities must have in operation a Compliance & Ethics Program that is effective in promoting quality of care and preventing and detecting criminal, civil and...

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Mandatory Compliance and Ethics Programs for Nursing Homes

Final Sunshine Act Rule on Disclosure of Gifts to Doctors and Hospitals

18 February 2013

by William M. Mandell The Centers for Medicare and Medicaid Services (“CMS”) released its final Sunshine Rule on February 1. This Rule implements the federal open transparency system, passed as part of Affordable Care Act that requires manufacturers of drugs, devices, biological, and medical supplies covered by Medicare, Medicaid, or the Children's Health Insurance Program to report payments or other...

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Final Sunshine Act Rule on Disclosure of Gifts to Doctors and Hospitals

Apologizing for Medical Mistakes

6 February 2013

By Dean P. Nicastro Massachusetts health care providers (including hospitals, clinics, nursing homes, physicians, dentists, podiatrists, chiropractors, nurses, etc.) are now subject to the benefits and challenges of a new health care law impacting the arena of medical mistakes.  Section 79L of Massachusetts General Laws Chapter 233, which took effect November 4, 2012, the so-called “Disclosure and Apology Law,” protects...

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Apologizing for Medical Mistakes

Owning and Leasing Medical and Dental Office Space: The Basics

31 January 2013

• Owning a Medical Office or Building When purchasing a commercial space or building for a medical or dental practice, it is always better to own the real estate through a separate legal entity both for tax and liability purposes.  When purchasing real estate, bank counsel may be helpful, but he/she does not represent the interests of either the buyer...

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Owning and Leasing Medical and Dental Office Space: The Basics

HIPAA Laws And Dangerousness Disclosure

29 January 2013

by William M. Mandell In his January 15, 2013 letter to “our Nation’s Health Care Providers” United States Department of Health and Human Services Office of Civil Rights Director,  Leon Rodriquez, highlights that HIPAA does not prohibit the disclosure of health information consistent with applicable ethical standards and state law if a patient presents a serious danger to themselves or...

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HIPAA Laws And Dangerousness Disclosure

Pierce & Mandell to Participate in Yankee Dental Congress 2013

17 January 2013

For the fourth consecutive year, Pierce & Mandell, P.C. is proud to be part of the Yankee Dental Congress, to be held January 30th through February 3rd at the Boston Convention & Exhibition Center.   Yankee Dental Congress is a trade show and convention that draws thousands of dental professionals each year.  Pierce & Mandell attorneys William M. Mandell, Kate...

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Pierce & Mandell to Participate in Yankee Dental Congress 2013

HIPAA “De-Identification Process” is Clarified by Department of Health and Human Services

10 January 2013

By: Rebecca Merrill Guidance from the Office for Civil Rights (OCR) of the Department of Health and Human Services (HHS) provides clarity on the available methods of de-identification of protected health information (PHI) as well as the federal government’s scrutiny of such procedures. The Privacy Rule of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) established two methods...

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HIPAA “De-Identification Process” is Clarified by Department of Health and Human Services