Health RSS

  • April 23, 2014

    Manatt Nabs Health Privacy Leader for DC Office

    The former director of the Center for Democracy and Technology's Health Privacy Project is joining Manatt Phelps & Phillips LLP as a partner in its health care practice in Washington, D.C., the firm announced Tuesday.

  • April 23, 2014

    Congressman Urges FTC To Shine Light On Health M&A

    Congressman Jim McDermott, D-Wash., has asked the Federal Trade Commission to issue better guidance on potential antitrust issues raised by Affordable Care Act-inspired health care mergers, after a federal court agreed with the agency that hospital operator St. Luke's Health System Ltd. must divest itself of a recently acquired physician practice.

  • April 23, 2014

    Amedisys To Pay $150M To Settle DOJ Medicare Billing Suits

    Health care company Amedisys Inc. on Wednesday has agreed to pay $150 million to settle seven whistleblower False Claims Act suits accusing some of Amedisys’ offices of billing Medicare for ineligible patients and services, as nurses and therapists allegedly bent to management pressure to increase payments. 

  • April 23, 2014

    UC Regents Ink $10M Settlement With Whistleblowing Surgeon

    The Regents of the University of California on Tuesday agreed to pay $10 million to settle a lawsuit brought by an orthopedic surgeon at the UC Los Angeles health system who accused the school of retaliating against him for reporting physicians’ misconduct and conflicts.

  • April 23, 2014

    RBC Asks Judge To Divvy Blame For Botched Rural/Metro Sale

    RBC Capital Markets LLC on Monday told a Delaware judge that since it was only partially responsible for guiding ambulance and fire-protection provider Rural/Metro Corp. into a hasty sale to New York investment house Warburg Pincus LLC for a lowballed $438 million, it should not be held liable for all of the damages in the case.

  • April 23, 2014

    FDA Rips Providers For Shoddy Clinical Trial Oversight

    The U.S. Food and Drug Administration on Tuesday released highly critical letters related to supervision of clinical trials by two health care providers, dressing down a hospital for allegedly overlooking special safeguards for young patients and criticizing a doctor for allegedly conducting risky research without approval.

  • April 23, 2014

    Whistleblower Looks To DQ Firm From Medicare Fraud Suit

    The relator behind a lawsuit accusing a Pacific Health Corp.-owned hospital of Medicare and Medicaid fraud in violation of the False Claims Act on Tuesday requested that a California federal judge remove one of the facility's lawyers from the case because he had represented her in a previous lawsuit.

  • April 23, 2014

    High Health Ad Standards May Hurt Consumers, FTC Commish Says

    Recent Federal Trade Commission settlement agreements requiring marketers to back up their health benefit claims with two separate studies threaten to impose undue burdens on the businesses and may curtail them from making legitimate health-related claims about their products, a Republican FTC commissioner said on Wednesday.

  • April 22, 2014

    CVS Decries Novartis Kickback Suit As 'Implausible'

    CVS Caremark Corp. asked a New York federal judge on Monday to toss a False Claims Act whistleblower suit alleging CVS accepted kickbacks from Novartis Pharmaceutical Corp. to push leukemia drugs Gleevec and Tasigna and cystic fibrosis drug TOBI, calling the claims "fundamentally implausible."

  • April 22, 2014

    3 Lessons From The FTC's ProMedica Hospital Merger Win

    The Sixth Circuit handed the Federal Trade Commission a solid victory Tuesday when it refused to let ProMedica Health System Inc. keep a rival Ohio hospital it acquired, reinforcing the antitrust watchdog's approach to hospital mergers. Here are three lessons other health care providers can take from the ruling.

  • April 22, 2014

    SUNY Slammed On Bid Process For Ailing Brooklyn Hospital

    The president of a bidder for Long Island College Hospital's redevelopment has accused the State University of New York of violating a judge's order to properly vet all bidders and of willfully ignoring claims that the winner might be fudging its numbers, he told Law360 on Tuesday.

  • April 22, 2014

    Concentra, Insurer Pay $2M To End HIPAA Investigations

    Concentra Health Services Inc. and QCA Health Plan Inc. have agreed to pay a total of nearly $2 million to settle claims stemming from Health Insurance Portability and Accountability Act investigations involving stolen computers, the U.S. Department of Health and Human Services announced Tuesday.

  • April 22, 2014

    Medicare Sued Over Erratic Payment Policies

    California laboratories on Friday filed suit in D.C. federal court over Medicare’s practice of letting private contractors restrict access to health services in certain regions, calling it an unconstitutional delegation of authority that skirts rulemaking requirements.

  • April 22, 2014

    The Accidental Advocate: Judge John E. Jones III

    Pennsylvania Middle District Judge John E. Jones III talks to Law360 about the surreal aftermath of his divisive ruling against intelligent design as he prepares for yet another potentially explosive trial over Pennsylvania's same-sex marriage ban.

  • April 22, 2014

    HP Nabs $117M Deal To Fire Up Colo.'s New Medicaid System

    HP Enterprise Services said Tuesday it has secured a $116.9 million deal with the Colorado Department of Health Care Policy and Financing to provide a new Medicaid management system.

  • April 22, 2014

    Medicare's ACA Payments Guru To Step Down In May

    Jonathan Blum, Medicare’s second-in-command and the point person on an array of controversial reimbursement policies created by the Affordable Care Act, will step down next month, federal officials said Tuesday.

  • April 22, 2014

    Ariz. Appeals Court Revives Medicaid Expansion Challenge

    Arizona Republicans may resume their legal challenge of the state’s Medicaid expansion and ensuing tax hike under the Affordable Care Act, an Arizona appeals court ruled Tuesday.

  • April 22, 2014

    Adams & Reese Launches Privacy, Data Security Practice

    Adams & Reese LLP recently formed a privacy and data security practice group, bringing together attorneys with experience in the employment, intellectual property, banking and health care industries.

  • April 22, 2014

    Deals Rumor Mill: Carlyle, Red Lobster, Citigroup

    Carlyle and TPG continue to welcome interest from eager suitors around the world vying for their jointly owned, $4 billion Australian health care provider, while flagging restaurant company Darden's shareholders are tipping toward vocal activist critics to force the company into a vote that could upend its Red Lobster spinoff plans.

  • April 22, 2014

    Low-THC Marijuana Legalization Moves Ahead In Fla. Senate

    Efforts to legalize a form of noneuphoric marijuana for medical use continued to march forward in the Florida Legislature as the state Senate Appropriations Committee advanced its version of the bill Tuesday, a day after the House advanced its offering out of committee.

Expert Analysis

  • Reps And Warranties Insurance Rises In Health Care Deals

    Geoffrey C. Cockrell

    In the health care sector, many companies operate in gray areas of the law, where formal governmental guidance is not always available and industry practices tend to gravitate toward more aggressive interpretations. Insurance that provides coverage for losses arising from unintentional and unknown breaches of representations and warranties made in an acquisition or merger agreement can be a bridge across any concerns, say attorneys with McGuireWoods LLP.

  • Mandatory Pro Bono Is Not The Answer For Practitioners

     Amanda D. Smith

    The State Bar of California has decided to follow New York's lead and require prospective attorneys to record 50 hours of pro bono service in order to be eligible for admission. While we applaud the intentions behind these initiatives, there are a number of reasons why state bars should limit any mandatory pro bono requirement to this context, rather than extend it to licensed attorneys as some have suggested, say attorneys with the Association of Pro Bono Counsel.

  • Proper Economic Analysis In Anti-Kickback Statute Cases

    Sophie Yang

    Economic analyses in cases involving the Anti-Kickback Statute require careful evaluation of the market outcome. Analysts need to isolate and measure the effect of any intent to induce from the impact of other market factors. Then, the analysis can be used by the court for the interpretation and application of the Anti-Kickback Statute, say Sophie Yang and Bernard Ford of Navigant Consulting Inc.

  • The State Of Arbitration Enforcement In Calif.

    Neil R. Bardack

    Even with the judicial impact of several U.S. Supreme Court opinions, beginning with AT&T Mobility v. Concepcion, the predicament for the practitioner and client is that any provision that seeks to enforce arbitration of labor and consumer remedy statutes, or that makes the cost of arbitration too one-sided, runs a significant risk of not being enforced in a California state court, say Neil Bardack and Shannon Nessier of Hanson Bridgett LLP.

  • The Future Of Law Firm PR: The Good, Bad And Ugly

    Paul Webb

    There has been a dramatic change in how public relations professionals interact with the news media to promote or protect a law firm’s brand and reputation. But content is queen and has a bright future in law firm PR — it all begins with a plan that should include goals, performance indicators and a system of assessment, say Paul Webb, director of marketing at Young Conaway Stargatt & Taylor LLP, and Kathy O'Brien, senior vice president at Jaffe PR.

  • Roadblocks To D&O Coverage For Subpoena Response Costs

    Benjamin D. Tievsky

    While it must be emphasized that a policyholder’s entitlement to coverage is dependent upon the precise language of the policy at issue and the specific facts of each case, the recognition by many courts that a subpoena is a “claim” under D&O policies opens the door for potential recovery in a variety of circumstances, says Benjamin Tievsky of Orrick Herrington & Sutcliffe LLP.

  • Medicare Data Release May Spur Health Care Investigations

    Eric D. Fader

    Some industry observers have speculated that the Centers for Medicare and Medicaid Services' recent release of data on Medicare reimbursement payments to health care providers will result in an increase in whistleblower claims under the False Claims Act. While that remains to be seen, "outlier" providers identified in the data may be wise to prepare for some unwanted attention, say Eric Fader and Elizabeth Kim of Day Pitney LLP.

  • Reading Between The Whistleblower Headlines

    Shanti Atkins

    The meteoric media rise of the “celebrity” whistleblower has shone a spotlight on the practice, with personalities such as Chelsea Manning and Edward Snowden dividing public opinion on the ethics of spilling secrets. But organizations should pay close attention to the surge in this trend beyond the headlines. Remember, whistleblowers don’t need to be popular to be effective, and opinions on their motives and morality are entirely secondary to the critical issues they potentially uncover, says Shanti Atkins of Navex Global.

  • Heartbleed Rains On The Legal Cloud Parade

    David Houlihan

    While the actual breaches are unknown, Heartbleed has the potential to expose all of a lawyer's files stored or transmitted online. The bug raises professional responsibility questions and offers confirmation of the greatest anxieties that the legal industry has about online practice. In fact, the timing is poor for many legal tech providers, following a general industry warming to cloud offerings, says David Houlihan of Blue Hill Research Inc.

  • Lawful Firings In NY May Hinge On 'Interactive Process'

    Courtney Stieber

    William Jacobsen v. New York City Health and Hospitals Corp. makes clear that, in order to escape trial and prevail on summary judgment, an employer generally must present evidence that it engaged in the "interactive process" regarding employee-requested accommodations. The decision solidifies a line of recent appellate decisions on an employer’s obligations toward disabled employees, say Robert Whitman and Courtney Stieber of Seyfarth Shaw LLP.