• July 24, 2014

    House Panel OKs Republican-Led ACA Suit Against Obama

    A resolution that would authorize the U.S. House of Representatives to sue President Barack Obama over the delay of the Affordable Care Act’s employer mandate moved one step closer to a vote Thursday, when the House Rules Committee approved it for full House review.

  • July 24, 2014

    Watchdog Finds HHS Lacking In ID Security Controls

    The U.S. Department of Health and Human Services hasn't brought its security controls for employee and contractor personal identity verification up to the standards set by a 2004 presidential directive, posing serious risks, according to a watchdog report made public Wednesday.

  • July 23, 2014

    ACA Nets $4.3B In Consumer Health-Premium Savings: HHS

    The U.S. Department of Health and Human Services said Thursday that consumers saved $4.3 billion on health insurance premiums last year, thanks to an Affordable Care Act provision limiting how much insurance companies can spend on overhead costs.

  • July 23, 2014

    Sen. Durbin Confronts Walgreen CEO Over Proposed Inversion

    U.S. Sen. Dick Durbin, D-Ill., on Tuesday urged Walgreen Co.'s CEO to reconsider a rumored inversion with Switzerland-based Alliance Boots that would slash Walgreen's U.S. tax obligations, issuing an impassioned letter that cast the proposed deal as a slap in the face of U.S. taxpayers.

  • July 23, 2014

    ACA Birth Control Mandate To Get New Opt-Out Process

    The Obama administration won cautious praise on Wednesday from its legal adversaries in litigation over the Affordable Care Act’s birth control mandate after disclosing that it will alter an opt-out process that religious nonprofits say makes them complicit in immoral activities.

  • July 23, 2014

    Mass. AG, Hospital Strike Deal On Unencrypted Data Loss

    A Rhode Island-based hospital has agreed to a civil penalty and making data security improvements to resolve the Massachusetts attorney general's allegations that the hospital failed to adequately protect personal and health data stored on unencrypted backup tapes that went missing in 2012, the regulator said Wednesday.

  • July 23, 2014

    Medical Dispatchers Stay Certified In Calif. OT Row

    A California judge on Wednesday refused to reconsider his decision granting class certification to more than 300 medical dispatchers who allege American Medical Response Inc. and its Southern California branch shorted their wages, saying the plaintiffs' lack of a specific trial plan isn't enough to invalidate certification.

  • July 23, 2014

    Fla. Appeals Court Won't Lift Stay On Gay Marriage Ruling

    A gay couple in Florida who last week secured a trial court decision overturning a state ban on same-sex marriages were denied their appeal Wednesday of the judge's decision to stay the ruling while the state appeals.

  • July 23, 2014

    Tenn. Residents Sue State Over Delayed Medicaid Coverage

    A group of Tennessee residents launched a putative class action in federal court Wednesday alleging state officials adopted unlawful and dysfunctional policies making it harder for residents to enroll in the state’s Medicaid program as an act of defiance against implementing the Affordable Care Act.

  • July 23, 2014

    Health Care Cases To Watch In The 2nd Half Of 2014

    The final months of 2014 will witness high-stakes court decisions, briefings and oral arguments in a number of major health care cases, shaping the future of state medical board independence, False Claims Act litigation and the Affordable Care Act’s controversial cost-cutting panel.

  • July 23, 2014

    Select Medical Hit With FCA Suit Over Length Of Patient Stays

    A Wisconsin federal judge on Tuesday unsealed a whistleblower suit brought under the False Claims Act alleging Select Medical Holdings Corp. performed medically unnecessary treatments at a long-term acute care hospital to fraudulently maximize reimbursements from the Centers for Medicare and Medicaid Services.

  • July 23, 2014

    Crowell & Moring Adds Ex-CMS Official To DC Office

    Crowell & Moring LLP has fortified its health care practice with the addition of a former U.S. Centers for Medicare and Medicaid Services official as a partner in the firm's Washington, D.C., office, it said Tuesday.

  • July 23, 2014

    Dealmakers Q&A: Goodwin Procter's John Haggerty

    As dealmakers become more sophisticated, I suspect we will see an increase in more complicated multitransaction deals, essentially sidecar-type arrangements, where a merger could also become a restructuring, says John Haggerty of Goodwin Procter LLP.

  • July 22, 2014

    Care1st Tells Judge Lost Data Didn't Harm Patients

    Care1st Health Plan on Tuesday urged a California judge to toss a putative class action alleging the managed care organization failed to encrypt members' private medical information on a computer disk that was misplaced, saying the proposed class can't show they were actually harmed by the purported leak.

  • July 22, 2014

    ACA Subsidies Likely To Survive Despite Circuit Split

    Government subsidies on the Affordable Care Act’s federal exchanges will almost certainly survive despite conflicting rulings issued Tuesday from two circuit courts, although a messy judicial and legislative process may play out for years before the financial assistance is secure nationwide, experts say.

  • July 22, 2014

    Walgreen Says Rival Pharmacy Poached Ex-Employees

    Walgreen Co. on Monday sued competitor Pharmacy Solutions Inc. in Idaho federal court, accusing its rival of poaching managers who possess trade secrets from an Idaho business specializing in home infusion therapy that Walgreen had acquired only months before.

  • July 22, 2014

    Texas Court Says State Workers Can't Be Served Via AG

    A Texas appeals court on Tuesday dismissed medical malpractice claims against a nurse who worked at a University of Texas-affiliated hospital, ruling the plaintiff failed to meet statutory requirements by serving an expert report on the state attorney general’s office instead of the nurse.

  • July 22, 2014

    Fla. Gay Marriage Ban Will Remain Intact During Appeal

    Gay couples hoping to wed in Florida following Thursday's ruling overturning a state ban on same-sex marriages must wait out the appeals process, the state judge who issued the ruling said on Monday, denying a motion to lift the automatic stay prompted by the state's appeal.

  • July 22, 2014

    GrayRobinson Forms Group To Target Medical Marijuana

    GrayRobinson PA on Tuesday announced a new regulated products practice group that will counsel businesses in regulated industries, including those in the medical marijuana industry recently legalized in Florida.

  • July 22, 2014

    9th Circ. Snubs $200M Planned Parenthood FCA Suit

    The Ninth Circuit on Tuesday affirmed the dismissal of a former California Planned Parenthood executive's False Claims Act suit alleging the nonprofit overbilled state and federal governments for more than $200 million for birth control, saying the complaint was flawed and the action was time-barred.

Expert Analysis

  • 6 Years In, Why Haven't FRE 502(d) Orders Caught On?

    John A. Rosans

    In this e-discovery era, why aren't more litigants using Federal Rule of Evidence 502(d) orders and affording themselves basic protection of their most sensitive information? Or, if they are moving for such orders, why are they doing it wrong? asks John Rosans of Katten Muchin Rosenman LLP.

  • Your State Contract May Prohibit Offshore Outsourcing

    Merle DeLancey

    A recent report from the U.S. Department of Health and Human Services Office of the Inspector General resurfaced the issue of offshoring restrictions in the context of Medicaid contracts. This easily overlooked issue has been percolating to the top of the list for government agencies, state attorneys general and, perhaps, qui tam plaintiffs’ attorneys, say attorneys with Dickstein Shapiro LLP.

  • Amid M&A Uptick, Bidders Must Heed Recent UK Code Changes

    Ilan Kotkis

    Potential bids by U.S. suitors for U.K. target companies in the pharmaceutical and health care sectors seem to be a recurring theme this year, however there are consequences from unsolicited bids that must be kept in mind when dealing with the U.K. Takeover Code, says Ilan Kotkis of King & Spalding LLP.

  • Employers May Have Opportunity In ACA Legislative Flaw

    Robert C. Christenson

    Employers still on the fence in terms of providing qualifying health care coverage for their employees see new hope in the D.C. Circuit's ruling in Jacqueline Halbig v. Burwell because the case points to a possible legislative flaw that would exempt employers in 36 of the 50 states from the "pay-or-play" tax that underlies the Affordable Care Act, says Robert Christenson of Fisher & Phillips LLP.

  • Healthfirst Will Help Define '60-Day Rule' For FCA Cases

    Robert Homchick

    State of New York v. Healthfirst Inc. — one of the first cases to test the bounds of the Affordable Care Act's 60-day overpayment rule — may provide insights into the enforcement priorities of federal and state agencies, the interpretation of the 60-day rule by a federal court, and the willingness of courts to impose potentially massive civil penalties, say Robert Homchick and Adam Romney of Davis Wright Tremaine LLP.

  • Government Seeks To Outsource Criminal Enforcement

    Nathan Hochman

    The prosecution of FedEx Corp. for allegedly failing to heed signs that illegal Internet pharmacies were using its facilities represents a significant expansion of the U.S. Department of Justice’s efforts to outsource law enforcement to private third parties and then go after these third parties when they fail to meet an undefined standard of compliance, rather than focus on the criminals, say attorneys with Bingham McCutchen LLP.

  • Trial-Ready In 180 Days: Prepare For SDNY's Rocket Docket

    Isaac S. Greaney

    A growing trend in the Southern District of New York akin to a sua sponte rocket docket can provide defendants with an opportunity to set the tone of discovery and shift the burden and risks of the schedule to their adversaries, say Isaac Greaney and Jackie Lu of Sidley Austin LLP.

  • The Promise And Problem Of Genomic Marketing

    Ivan J. Wasserman

    Genomic scientific advances have brought the promise of "personalized medicines" to consumers, creating opportunities for marketers that have in turn brought the attention of the Federal Trade Commission and U.S. Food and Drug Administration, say Ivan Wasserman and La Toya Sutton of Manatt Phelps & Phillips LLP.

  • Lessons From Omnicare Settlement In 'Swapping' Cases

    Katherine A. Lauer

    The Omnicare settlements, while not adding to the substantive case law, do demonstrate that these swapping cases will likely become more common in the coming years as more qui tam relators are tempted by these and other large settlements, say Katherine Lauer and Amy Hargeaves of Latham & Watkins LLP.

  • EPA May Threaten Reverse Distribution Of Pharmaceuticals

    Jonathan E. Wells

    The U.S. Environmental Protection Agency may adopt starkly different approaches toward regulating nonhazardous pharmaceuticals and pharmaceuticals containing hazardous ingredients, with additional inconsistencies between health care facilities and other retailers — a regulatory nightmare for industry, say Jonathan Wells and Elise Paeffgen of Alston & Bird LLP.