• July 22, 2016

    Health First Beats Whistleblower's 'Shotgun-Style' FCA Suit

    A Florida federal judge on Friday dismissed an amended False Claims Act suit against Health First Inc., finding that a whistleblower's claims that the nonprofit medical company defrauded the government of hundreds of millions of dollars were not specific enough.

  • July 22, 2016

    Church-Linked Hospital Takes ERISA Rules To High Court

    A church-affiliated hospital in New Jersey has urged the U.S. Supreme Court to rule that employee retirement plans maintained by such organizations are exempt from the federal Employee Retirement Income Security Act, challenging a circuit ruling that the exemption only applies to plans established by churches.

  • July 22, 2016

    Advocate Asks Justices To Affirm ERISA Religious Exemption

    Advocate Health Care Network has asked the U.S. Supreme Court to declare that pension plans maintained by church-affiliated organizations should be exempt from the Employee Retirement Income Security Act, which would block a putative class of employees from challenging a noncompliant benefits plan.

  • July 22, 2016

    Medtronic IP Expert Barred For Lack Of Mind-Reading Prowess

    An Eastern District of Texas judge has barred a former U.S. Patent and Trademark Office administrative patent judge from testifying for Medtronic in an infringement suit over a spinal device, saying his testimony is speculative and he has no expertise in "retroactive mind reading."

  • July 22, 2016

    Alaska Parental Consent Abortion Law Found Unconstitutional

    The Alaska Supreme Court on Friday ruled that a law requiring minors to get parental consent before receiving an abortion is unconstitutional as it treats pregnant minors who are carrying a child to term differently than those who aren’t.

  • July 22, 2016

    Radiology Center Hits Opposing Atty's Billing In FCA Row

    A Florida radiology provider that paid more than $8.7 million to resolve False Claims Act and kickback allegations blasted a request for about $70,000 in opposing counsel fees and expenses, telling a Florida federal court on Friday that the amount is unreasonable considering the government's large role in the case.

  • July 22, 2016

    Humana To Largely Drop Out Of ACA Marketplace

    Humana Inc. will be pulling out of “substantially all” state marketplaces created under the Affordable Care Act, likely leaving all but 11 states, the insurer said on Thursday in an earnings report.

  • July 22, 2016

    NBA Pulls All-Star Game From Charlotte Citing Bathroom Law

    The NBA has decided to relocate the 2017 All-Star Game from Charlotte, North Carolina, citing the state's controversial new law preventing transgender people from choosing the bathroom of their choice in a move that has sparked outrage from the governor, Pat McCrory.

  • July 22, 2016

    Pa. Appeals Court Revives Hep C Lawsuits Against UPMC

    The University of Pittsburgh Medical Center owed legal duties to patients of an unrelated Kansas hospital after an employee known to be addicted to opioids moved from one to the other, allegedly spreading hepatitis, a divided Pennsylvania appeals court ruled on Friday.​

  • July 22, 2016

    Real Estate Rumors: Columbia Medical, Related, Crest

    Columbia University Medical Center has reportedly leased 13,370 square feet in New York from Thor Equities, while Related Group is said to have sold a Florida apartment complex for $62.4 million, and Crest Realties has reportedly picked up a New York rental property for $39 million.

  • July 22, 2016

    La. Abortion Laws Delayed Until At Least November

    A Louisiana federal judge on Friday pushed back hearings in a case challenging the state's seven abortion laws enacted in 2016 until November, and during that time the state has agreed to hold off on enforcing the laws, according to the Center for Reproductive Rights.

  • July 22, 2016

    CVS' MinuteClinic Can't Duck Autodialing Suit, Consumer Says

    CVS Pharmacy Inc.’s in-store MinuteClinic LLC can’t escape a proposed class action over alleged unsolicited autodialing, a consumer argued Thursday, saying he simply made a mistake by giving a deposition suggesting he wasn’t in Illinois when the clinic called him, which the companies said deprives the court of jurisdiction.

  • July 22, 2016

    8th Circ. Affirms Siemens' Win In Discrimination Suit

    The Eighth Circuit on Thursday upheld Siemens Diagnostic Inc.’s win in a race discrimination suit brought by a former service technician, finding there was no evidence that bias played a role on the part of the Siemens’ manager whose decision it was to terminate him.

  • July 22, 2016

    Calif. CVS Pharmacists Not Paid For Training, Suit Says

    A proposed class of pharmacists for CVS Pharmacy Inc. has sued the company in California state court, alleging that it failed to properly compensate regular and overtime wages for completing company-mandated training modules.

  • July 22, 2016

    Anti-Zika Spray Will Hurt Citizens, Puerto Rico Mayor Says

    The mayor of San Juan, Puerto Rico, has filed a lawsuit seeking to stop the Centers for Disease Control and Prevention from conducting an aerial spray of allegedly “toxic” chemicals on the Caribbean island in an effort to combat Zika virus, saying it posed serious health risks to the population.

  • July 22, 2016

    DOJ Charges Trio In $1B Health Fraud Scheme

    The U.S. Department of Justice on Friday announced criminal charges in Florida federal court against three men accused of defrauding Medicare and Medicaid in a $1 billion scheme involving kickbacks and exploitation of drug-addicted patients.

  • July 21, 2016

    Tiversa CEO Requests Suit Stay After FBI Raid On His HQ

    The former CEO of cybersecurity firm Tiversa asked a Pennsylvania state court Thursday to freeze his defamation action against LabMD in a long-running dispute over alleged extortion as the FBI probes his company.

  • July 21, 2016

    Health First, Docs Head To Trial In $360M Antitrust Case

    Health First Inc. and its co-founders will go to trial with doctors who have accused the health care provider of monopolizing regional care and who are seeking $360 million in treble damages, after a Florida federal judge on Thursday set the stage for trial next month. 

  • July 21, 2016

    State Lawmaker Wins Suit Over ACA Contraceptive Mandate

    A Missouri federal judge granted a win to a state lawmaker and his wife suing the government over the Affordable Care Act's contraceptive mandate, finding that the law requiring insurance plans to provide such coverage in their plan violates their rights under the Religious Freedom Restoration Act.

  • July 21, 2016

    DOJ Leaves Little Room To Salvage Health Insurance Deals

    The U.S. Department of Justice on Thursday filed lawsuits to block two health insurance mega-mergers that would reshape the industry, and experts said the companies have slim chances of saving the deals before heading to trial or abandoning them altogether.

Expert Analysis

  • Mitigating The Risk Of Post-Merger Legacy Board Factions

    Steven J. Steinman

    As occurred in the case of Cogentix, loyalties to the legacy constituent corporations of a merger can create serious issues for the ongoing governance and management of the post-merger corporation. The risk is heightened when the controller, former CEO or founder of the smaller constituent company continues as a director or manager of the merged company, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Aveta And The Use Of Confidential Info In FCA Cases

    James M. Koukios

    A recent case in the District of Puerto Rico — U.S. v. Aveta — highlights several issues surrounding the use of privileged and confidential information by both plaintiffs and the government in False Claims Act suits. Much to the dismay of contractors like Aveta, the government and relators may be able to utilize confidential or privileged information in the course of investigating and prosecuting false claims, say James Koukios and... (continued)

  • IRS Ruling Is Cause For Tax-Exempt Provider Concern

    David A. Manko

    A recent ruling by the IRS highlights a practical consideration that many tax-exempt providers have had with respect to their participation in accountable care organizations or other clinically integrated networks that include diverse not-for-profit and for-profit providers, causing many to pause and carefully examine their participation in such networks, say David Manko and Kate Heptig at Rivkin Radler LLP.

  • How Law Firms Can Create Next-Generation Office Spaces

    Tere Blanca headshot (1).jpg

    Law firms today are recognizing that the process of creating a next-generation workplace is far more complex than relocating to a more modern space in a trendier part of town. The challenge is more significant for larger firms with multiple generations represented within their executive teams, says Tere Blanca, founder of Miami-based Blanca Commercial Real Estate Inc.

  • Business Associates Beware: More HHS Enforcement Ahead

    Rebecca L. Williams

    The U.S. Department of Health and Human Services' settlement with Catholic Health Care Services of the Archdiocese of Philadelphia indicates we will begin to see settlements with business associates interspersed with covered entity settlements in the coming years and that HHS will continue to scrutinize business associates' Health Insurance Portability and Accountability Act compliance, say attorneys at Davis Wright Tremaine LLP.

  • OSHA Eyes Health Care Industry With Injury Reporting Rule

    Matthew Deffebach

    The Occupational Safety and Health Administration's new recordkeeping rule specifically includes the health care industry as one of the “high-risk industries” required to report illnesses and injuries. Attorneys at Haynes and Boone LLP explain the rule's specific requirements for health care companies, including changes regarding employee notice and relation.

  • Putting Out A Cyber Fire: 7 Rules For Hospitals

    Daniel B. Garrie

    Hospitals have systems in place to address fire safety — mandated by the government and legal system. In the event of a fire, hospitals can count on the local fire department and law enforcement to respond. Ransomware is effectively the same as someone burning down all the key paper documents hospitals keep, yet none of the usual support exists should a hospital experience a cyberattack, say Daniel Garrie of JAMS and Richard Borden... (continued)

  • FDA's Guidance On Medical Device Data Needs Improvement

    Mary Nold Larimore

    The U.S. Food and Drug Administration's recent guidance on the sharing of patient-specific information by medical device manufacturers should balance the worthy goal of patient empowerment with the need for a learned physician intermediary to remain central to patient care — but as it stands the guidance simply poses too much risk for an uncertain benefit, say Mary Nold Larimore and Kimberly Metzger at Ice Miller LLP.

  • Breach Response: New Laws To Know And 5 Questions To Ask

    Amelia M. Gerlicher

    The spring legislative sessions this year brought a now-familiar round of revisions to data breach notification laws, with states broadening their laws in often divergent ways. These changes and two new Seventh Circuit decisions complicate best practices for responding to an incident compromising personal information, say Amelia Gerlicher and Todd Hinnen of Perkins Coie LLP.

  • Skyrocketing FCA Penalties Ripe For Constitutional Challenges

    Scott Stein

    Constitutional objections to outsized False Claims Act judgments have experienced little success, but the dramatically higher penalty ranges recently announced by the U.S. Department of Justice may create an opportunity for defendants finally to gain traction in arguing for constitutional limits to FCA penalties, say attorneys with Sidley Austin LLP.