• November 25, 2014

    CVS, Rite Aid Settle Walgreens' Mobile Refill Patent Suit

    Retail pharmacy giants CVS Caremark Co. and Rite Aid Corp. have settled Walgreen Co.’s claims that its rivals were infringing its patent for refilling prescriptions using a mobile device, with CVS agreeing to an injunction against using the technology, according to documents filed Tuesday.

  • November 25, 2014

    Supervalu Pharmacist OT Row Stays In Fed. Court

    A California federal judge rejected a motion Tuesday to send to state court a proposed class action accusing Supervalu Inc. of not paying pharmacists minimum wage and overtime, unpersuaded by the argument that the case missed the $5 million threshold for staying in federal court.

  • November 25, 2014

    NJ Court Backs Hospital Immunity In Doctor Privileges Appeal

    The New Jersey Appellate Division on Monday relied on statutory protections for hospital peer-review evaluations and decisions to back the toss of a surgeon's suit against a hospital that revoked his clinical privileges and rejected the doctor's bid for additional discovery to help prove his case.

  • November 25, 2014

    Texas Court Strikes Down Medicaid Payment Hold Rules

    A Texas appeals court on Tuesday invalidated three Texas Health and Human Services Commission rules related to payment holds imposed during Medicaid fraud investigations, holding they violate due process rights.

  • November 25, 2014

    Medibank Raises $4.84B In Largest Australian IPO Since '97

    Australian state-owned health insurer Medibank Private Ltd. raised about AU$5.68 billion (US$4.84 billion) in its initial public offering on Tuesday, selling 2.7 billion shares in the country's largest IPO in nearly two decades.

  • November 25, 2014

    GAO Urges Closer Eye On GPO Fee Payments To Hospitals

    The U.S. Department of Health and Human Services should take steps to determine if hospitals are appropriately reporting administrative fee revenues from medical group-purchasing organizations to evaluate the GPOs’ impact on Medicare payments, according to a U.S. Government Accountability Office report released Monday.

  • November 25, 2014

    Health Care MVP: Akin Gump's Stephanie Webster

    Akin Gump Strauss Hauer & Feld LLP’s Stephanie A. Webster led hospitals to victory this year at the D.C. Circuit in a major challenge to Medicare reimbursement policies, one of several high-profile court fights that landed her a place among Law360’s Health Care MVPs.

  • November 24, 2014

    Fla. Nursing Home Expansion To Spur Litigation Wave

    Recently passed legislation in Florida lifting a moratorium on new nursing homes and shielding investors from liability lawsuits is driving a resurgence in the market, and attorneys say they expect an uptick in real estate deals and litigation as providers compete for the limited number of slots available for new facilities.

  • November 24, 2014

    LabCorp Gets Worker Subclass Bids Nixed In Break Row

    A California federal judge on Monday tentatively denied certification to three putative subclasses of workers alleging Laboratory Corporation of America violated labor laws pertaining to break periods and off-the-clock work, but told attorneys he would allow more briefing before deciding the fate of two other potential subclasses.

  • November 24, 2014

    Judge Balks At 6th Circ. Review Of FCA Extrapolation

    A Tennessee federal judge on Monday refused to recommend Sixth Circuit review of whether the U.S. Department of Justice can extrapolate from a sample of billing claims to establish vast False Claims Act liability, calling nursing home giant Life Care Centers of America Inc.'s request for such a review premature and unlikely to shorten litigation.

  • November 24, 2014

    Hospital Settles With Mass. AG Over Unencrypted Data Theft

    Beth Israel Deaconess Medical Center has agreed to pay a monetary penalty and make data security improvements to resolve the Massachusetts attorney general's claims that the hospital failed to secure patient and employee data stored on an unencrypted laptop that was stolen in 2012, the regulator said Friday.

  • November 24, 2014

    House Dem Digs Into GOP's Use Of Law Students On ACA Suit

    The ranking Democrat on the Committee on House Administration raised concerns Monday that unqualified law students at George Washington University could be "exploited" in the GOP’s lawsuit against the Obama administration over delay of the Affordable Care Act’s employer mandate.

  • November 24, 2014

    Seven Indicted In $5M Brooklyn Pharmacy Medicaid Scam

    New York authorities said Monday they have indicted seven people, including a convicted and deported scammer, in connection with a $5 million scheme to overbill Medicaid by paying pharmacy customers for prescriptions and then billing for the drugs even though they were never dispensed.

  • November 24, 2014

    New Rule Could Ease Standards For Multistate ACA Plans

    The U.S. Office of Personnel Management on Monday said it's looking to relax its expectations for so-called multistate health insurance plans that are intended to operate nationally and boost competition in Affordable Care Act marketplaces, possibly by allowing them to cover less territory.

  • November 24, 2014

    Honigman Says Blue Cross DQ Motion Is 'Baseless'

    Honigman Miller Schwartz & Cohn LLP told a Michigan federal court Friday that Blue Cross Blue Shield of Michigan’s bid to get the firm booted from antitrust litigation against the insurer is “completely baseless” and denied that its loyalties are divided between clients with adverse claims.

  • November 24, 2014

    IRS Final Regs On ACA Individual Mandate Clarify Exemptions

    The Internal Revenue Service in final regulations on the Affordable Care Act’s individual mandate to be published Wednesday expanded the circumstances under which a taxpayer can claim an exemption without first obtaining prior certification from the U.S. Department of Health and Human Services.

  • November 24, 2014

    UnitedHealth OT Fight Tees Up Murphy Oil For 2nd Circ.

    UnitedHealth Group Inc.'s arbitration policy barring class claims is unenforceable because it violates federal labor law, a former UnitedHealth worker told the Second Circuit on Friday, arguing that the board's recent Murphy Oil decision “deepened and extended” its D.R. Horton analysis.

  • November 24, 2014

    HealthSouth Nabs Hospice Co. In $750M Deal With Cressey

    Private equity firm Cressey & Co. is selling Encompass Home Health Inc., a Texas-based provider of at-home nursing services, to inpatient rehabilitation hospital operator HealthSouth Corp. for $750 million, the health groups said Monday, in a deal advised on by Skadden Arps Slate Meagher & Flom LLP and Ropes & Gray LLP.

  • November 24, 2014

    Health Care MVP: King & Spalding's Phyllis Sumner

    King & Spalding LLP’s Phyllis B. Sumner has recently helped nursing home pharmacy Omnicare Inc. battle unusual False Claims Act suits brought by a Medicare Part D plan, and she's come away with victories that should assist the defense bar in future cases, scoring her a spot among Law360's Health Care MVPs.

  • November 21, 2014

    CMS Floats 2016 Policies For ACA Marketplaces

    The Centers for Medicare & Medicaid Services on Friday published a sweeping proposed rule outlining how Affordable Care Act insurance plans will be regulated in 2016, floating major policies on renewals, rate review, network size and essential health benefits.

Expert Analysis

  • Remembering Doar: Justice As A 4-Letter Word

    Kevin J. Curnin

    John Doar ran the U.S. Justice Department's Civil Rights Division at perhaps the most chaotic and pivotal time in its history. His passing earlier this month is an occasion for lawyers everywhere to marvel at just how impactful one attorney can be. He didn’t just preside at a historic time, he calmly and coolly shaped it, says Kevin Curnin of the Association of Pro Bono Counsel.

  • Walgreen Case Opens Door For State Law HIPAA Claims

    Linn Foster Freedman

    Walgreen Co. recently suffered a major blow when the Indiana Court of Appeals affirmed a 2012 jury verdict for $1.4 million arising from a trial that uncovered sordid details of a pharmacist breaching a customer’s prescription information. The decision provides an avenue for plaintiffs to skirt the Health Insurance Portability and Accountability Act prohibition of a private right of action to go after the deep pockets of employers,... (continued)

  • A Closer Look At GAO’s 2014 Bid Protest Stats

    Derek Mullins

    The U.S. Government Accountability Office's recently published annual report to Congress is a mixed bag — protests are up, sustained protests are down, but the overall effectiveness rate, where the agency grants some type of remedy or corrective action for a protestor, remains flat, says Derek Mullins of Sheppard Mullin Richter & Hampton LLP.

  • ‘Tis The Season … For Data Breaches And Data Analytics

    Mike Kheyfets

    Last holiday season saw some of the biggest and costliest data breaches in the retail industry’s history. With optimistic forecasts for spending this year, retailers will no doubt once again be in hackers’ crosshairs in the coming month. Implementation of data analytics — an important but sometimes underutilized tool — can assist in all phases of incident management, say economists at Edgeworth Economics LLC.

  • Differentiate Your Litigation Practice With Data Security

    Jennifer Topper

    Despite the significant tilt toward technology in how litigation is now conducted, many senior lawyers still delegate tech-related issues to e-discovery specialists or associates at their firms. This is a missed opportunity not just for client development, but also for shaping the way the firm and lawyer are seen in the eyes of corporate counsel, says legal industry business development specialist Jenn Topper.

  • Novartis FCA Case Reaffirms Importance Of Company Policies

    Michael Loucks

    To the extent other courts adopt the New York federal court's analysis in U.S. v. Novartis Pharmaceuticals Corporation, the collateral consequence of an employee breach of internal policy or industry code of ethics and a corporate failure to appropriately sanction those employees could yield adverse consequences in the event of follow-on federal False Claims Act litigation, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • The Print Room: How To Spend Less And Get More

    Senthil Rajakrishnan

    Our estimates indicate that some law firms spend up to $8,000 per attorney each year on print-related costs. Although we live in a digital world, hard copy printing will remain an important part of business for years to come. Changing technology, however, offers opportunities to improve efficiencies and save money, say Senthil Rajakrishnan and Ryan Mittman of HBR Consulting LLC.

  • Don't Be Shocked By NY's 'Surprise Bills' Law

    Jackie Selby

    New York's recently enacted Emergency Medical Services and Surprise Bills law will impact billing and reimbursement for some out-of-network health care services, require new disclosures from providers regarding their health plan participation status and add new rules for health plans regarding networks and reimbursement for out-of-network services, says Jackie Selby of Epstein Becker & Green PC.

  • Dewey Partner Clawback Ruling May Hurt New York Law Firms

    Evan C. Hollander

    Unless the recent ruling in the Dewey & LeBoeuf LLP bankruptcy case is overturned on appeal or the New York Legislature amends the state’s fraudulent transfer and partnership laws, partners of New York firms will bear greater risk if their firms fail than will members of many non-New York partnerships. This risk factor might even affect decisions by prospective lateral partners about which firms to join, say attorneys with Arnold & Porter LLP.

  • Containing Bad Actor Damage From Innocent Co-Insureds

    Kevin B. Dreher

    Evanston Insurance Company v. Agape Senior Primary Care illustrates the potentially inequitable effect of policy rescission innocent co-insureds suffer far too often when their coverage is not protected by law or contract from the misdeeds of an individual bad actor, say Kevin Dreher and Natalie Metropulos of Reed Smith LLP.