A Seattle jury on Thursday found two doctors, their employers and a hospital negligent and responsible for a surgical accident that set a Medtronic Inc. endotracheal tube on fire, awarding the victim $18 million but not finding Medtronic’s design of the tube to be negligent.
The First Circuit on Friday tossed a whistleblower’s closely watched False Claims Act suit accusing Takeda Pharmaceutical Co. Ltd. of defrauding Medicare by concealing drug risks, finding insufficient specifics but declining to endorse a district court’s ruling that such misconduct could never support FCA liability.
Doctors and hospitals will have to adapt in important ways because of Medicare’s newly announced payment changes for next year, but they also dodged some big financial bullets that could have hurt their bottom lines, experts say. Here are five highlights from the final rules on 2014 reimbursement.
The Centers for Medicare and Medicaid Services announced a one-year extension Friday of a deadline for doctors and hospitals to meet increasingly demanding standards for use of electronic health records, or EHRs.
A Texas grand jury indicted a former executive of a state cancer prevention institute on one felony charge stemming from alleged improprieties in an $11 million grant awarded to a pharmaceutical research firm, the Travis County District Attorney’s office said Friday.
One of the authors of a recent U.S. Chamber of Commerce report calling for an overhaul of the False Claims Act on Friday defended the report’s reform proposals, despite claims from a whistleblowers’ advocate that the act was an effective anti-fraud tool that did not need revision.
The Federal Trade Commission on Thursday shot back at claims that its data security suit against LabMD Inc. should be paused while the company challenges the regulator's allegations in the 11th Circuit and District of Columbia, saying the delay would undermine the commission's adjudicative processes.
A Connecticut federal judge ruled that United Healthcare Group cannot terminate more than 2,000 Connecticut physicians who are participating providers in its Medicare Advantage plan, saying Thursday that doing so would cause irreparable harm to the affected doctors in violation of their contract.
The states that opted out of the Affordable Care Act’s Medicaid expansion will see a net loss of $35.4 billion in taxpayer dollars per year, according to a study released Thursday.
Private equity firm Nautic Partners LLC has acquired mental health-focused pharmacy QoL meds LLC, partnering with QoL's management to close the deal, the companies announced Friday.
New Jersey's high court won't disturb a published appellate decision that the federal Employee Retirement Income Security Act preempts the state law claims of a hospital seeking the full price for medical services from a benefit plan that failed to timely pay discounted fees, according to a Friday order.
Pennsylvania’s governor unveiled a plan Friday that would allow the state to use federal funding offered through the Affordable Care Act to provide private insurance to low-income state residents and modernize its Medicaid program by diversifying coverage options and imposing work search requirements on recipients.
Humana Inc. filed a motion for sanctions against Transatlantic LLC in Florida federal court on Tuesday in a case initially brought against the health insurer for $1 million over breach of contract claims, saying the shipping company amended its complaint with a slew of unsupported racketeering claims seeking $45 million.
Rep. George Holding, R-N.C., announced Thursday that he has introduced a bill to increase potential criminal penalties for identify theft by government officials and others tasked with aiding Affordable Care Act implementation, saying inadequate background screening and weak website security necessitated the legislation.
House Republican leadership on Thursday signaled that legislation permanently replacing Medicare’s deeply unpopular physician payment formula could emerge from committee before Congress adjourns next week, though for the moment another short-term “doc fix” appears certain to pass.
Close to two dozen Detroit-area residents have been charged for their alleged roles in $34 million in Medicare fraud schemes in which they are accused of submitting fraudulent claims for home health care, chiropractic and psychotherapy services that were not provided, prosecutors said Thursday.
A New Hampshire federal judge on Tuesday sentenced a onetime hospital technician to 39 years in prison for stealing painkiller-filled syringes and then secretly reloading them with saline, leading to dozens of patients becoming infected with hepatitis C.
A Georgia federal judge ruled Wednesday that a medical product company cannot pass the cost of the Affordable Care Act’s medical device tax on to a distributor that purchases its products under contract, saying a fair interpretation of the ACA indicates that the tax falls on manufacturers.
America Movil could face forced asset sales based on findings from Mexico's telecom watchdog, while Kyle Bass' Hayman Capital unloaded the hedge fund's remaining stake in J.C. Penney.
Advocates for a medical marijuana amendment to the Florida constitution made their case before the state's highest court on Thursday for their proposed ballot initiative, arguing the language clearly makes their case to voters that the proposal would limit marijuana use to legitimate medical reasons.
The statutory and regulatory framework, marketplace, infrastructure and use of health information technology has grown and changed exponentially during the 2013 calendar year — but not without practical and legal challenges ranging from Affordable Care Act implementation to fraud and data protection concerns, say Sidney Welch and Cindy Acosta at Kilpatrick Townsend & Stockton LLP.
While the Obama administration delayed the employer mandate provision of the Affordable Care Act until next year, employers will soon have to determine whether an employee is classified as full-time and is therefore eligible for coverage — which may lead to staffing decisions that could expose them to liability. Remember, section 510 of ERISA generally prohibits interfering with employee benefits, say Adam Solander and Kara Maciel of Epstein Becker Green PC.
There are several unique defenses, depending on the state, available to defendant pharmaceutical companies which arise from the discord between consumer protection statutes and prescription drugs, say Yvonne McKenzie and Gabriel Vidoni at Pepper Hamilton LLP.
What is the thinking as to whether leaky air conditioner cases warrant multidistrict litigation treatment? On Dec. 5, the Judicial Panel on Multidistrict Litigation heads to Vegas to find out. This will bring a temperature shift in more ways than one from the September hearing, where the panel considered a potential MDL proceeding arising from allegedly defective clothes dryers, says Alan Rothman of Kaye Scholer LLP.
In addition to continued headline-grabbing litigation involving pharmaceutical companies in the wake of PLIVA Inc. v. Mensing, 2013 brought a number of important cases informing everything from class certification questions and product labeling trends to False Claims Act liability and fracking disputes, say attorneys at Weil Gotshal & Manges LLP.
China's Food and Drug Administration recently announced changes to its Drug Registration Rules, which, while demonstrating the agency’s determination to foster innovation, may not achieve a balance between multinational drug companies and domestic competitors in its current shape, says Katherine Wang of Ropes & Gray LLP.
A recent California appeals court decision provides a benchmark for plaintiffs to plead and prove claims under the California Medical Information Act that is consistent with prior nonhealth-care decisions. Plaintiffs must do more than plead mere loss of data, say attorneys with Morrison & Foerster LLP.
The flagship federal website HealthCare.gov has reportedly been subject to 16 potential website breaches. However, HealthCare.gov is only one piece of the website and data network designed to facilitate health plan enrollment under the Affordable Care Act. And, as it turns out, the state-level exchanges may be of greater concern, say David Tolley and Timothy McCrystal of Ropes & Gray LLP.
Tuomey Healthcare System Inc. recently incurred penalties to the tune of $237.4 million under the False Claims Act. The full consequences of this case for hospitals and physicians have not yet fully developed, but it is clear that compensation arrangements may not take into account the volume or value of referrals of designated health services without running afoul of the Stark Law, says Chris Morrison at GrayRobinson PA.
One very real concern of moving to a physician payment system with no guaranteed payment increases over the next decade is that physicians with sufficiently high private-payer volume could opt out of Medicare altogether or move to a “concierge” model, say Susan Banks and Christopher Kenny of King & Spalding LLP.