
Publication
Alberta court finds sections of privacy law unconstitutional
On May 8, the Court of King’s Bench of Alberta released its decision in Clearview AI Inc. v Alberta (Information and Privacy Commissioner) (the Decision).
United States | Publication | December 2024
In late November 2024, the Centers for Medicare and Medicaid Services (CMS) issued a memorandum to State Survey Agency Directors on revisions to the State Operations Manual, Appendix Q, which provides guidance for surveyors on identifying whether any certified Medicare/Medicaid provider, supplier or laboratory should be cited for immediate jeopardy.
Immediate jeopardy is the most serious deficiency that can be imposed upon a Medicare/Medicaid certified entity and carries with it the strictest sanctions and fines. The memorandum acknowledges that the version of Appendix Q that is being replaced was drafted in 2004, updated in 2019 and is being updated again “to clarify and increase consistency in identifying immediate jeopardy.”
The following are the key updates, among others, that CMS identifies in the memorandum:
While CMS notes in this guidance that the changes are effective “immediately,” there is still a watercolor in the revised State Operations Manual, Appendix Q affixed to the guidance, providing that it is an “Advance Copy.” Our team of experienced lawyers and professionals at Norton Rose Fulbright will continue to closely monitor new guidance from CMS related to immediate jeopardy and are available to answer questions and assist Medicare/Medicaid certified entities in preparation for their next survey.
Publication
On May 8, the Court of King’s Bench of Alberta released its decision in Clearview AI Inc. v Alberta (Information and Privacy Commissioner) (the Decision).
Publication
In a recent decision, Matco Tools Corporation v. Canada (Attorney General), the Federal Court has overturned a Commissioner of Patents (the Commissioner) decision regarding a patent applicant failing to meet the “due care” standard in the context of an unpaid maintenance fee.
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