• July 27, 2014

    House Panel Won't Budge In Face Of SEC Subpoena

    A U.S. House of Representatives committee in New York federal court Friday stood its ground against a U.S. Securities and Exchange Commission subpoena for documents in connection with a health care insider trading probe, calling it a "fool's errand" with no legal backing.

  • July 25, 2014

    11th Circ. Rules In Favor Of Fla.'s 'Gun Gag' On Doctors

    The Eleventh Circuit on Friday lifted a bar on enforcement of a Florida “gun gag” law restricting doctors from asking patients about firearm ownership, saying it doesn’t violate the First Amendment and calling the plaintiffs’ fears that doctors could face discipline for “offending a patient’s subjective sensibilities” unfounded.

  • July 25, 2014

    Fla.'s Same-Sex Marriage Ban Struck Down By 2nd Court

    A Florida judge on Friday struck down the state's ban on same-sex marriage and ordered Miami-Dade County to allow the unions, saying the ban violates the U.S. Constitution's due process and equal protection clauses, but stayed her order pending possible appeals.

  • July 25, 2014

    3 Tips For Workable FCA Release Programs

    As qui tam False Claims Act lawsuits continue to rise, health care companies and their attorneys are working to bolster internal compliance programs and eyeing employee litigation releases as a way to limit exposure. But those agreements require some careful handling. Here, attorneys share three tips to crafting an employee release that won't be thrown out in court.

  • July 25, 2014

    FTC Urges 11th Circ. To Ax LabMD's Data Security Challenge

    The U.S. Federal Trade Commission on Thursday urged the Eleventh Circuit to uphold a Georgia federal court order dismissing LabMD Inc.’s challenge to its authority to police data-security standards, arguing the court correctly held it does not have jurisdiction to “entertain a lawsuit” to enjoin agency proceedings.

  • July 25, 2014

    Hospital System Alleges Insurer Withheld Medicare Payments

    Susquehanna Health System on Thursday sued American Progressive Life and Health Insurance Co. of New York in Pennsylvania federal court, alleging it breached an agreement by withholding 2 percent of all Medicare Advantage PPO reimbursements it was required to pay Susquehanna.

  • July 25, 2014

    Profs Urge Judge To Block Partners' Hospital Takeovers

    A group of 21 professors told a Massachusetts state court to take a closer look at an agreement with the state attorney general allowing hospital company Partners HealthCare System to acquire two hospitals, saying the acquisition is likely to harm consumers.

  • July 25, 2014

    Feds Set ACA Tax Credit Exceptions, Fine Caps

    The Internal Revenue Service has issued a slew of new Affordable Care Act rules to clarify its tax credit policy for various household situations and establish caps for the fines individuals and families will face if they fail to purchase Affordable Care Act-compliant health insurance this year.

  • July 25, 2014

    Sen. Floats Bills To Guarantee Tribal Contract Payments

    Sen. Mark Begich, D-Alaska, has introduced a pair of bills seeking to guarantee Alaska Native and Native American tribes receive prompt payment for the administration of health care and delivery of other services through tribal hospitals and clinics, the senator’s office said Thursday.

  • July 24, 2014

    LabMD Says FTC, Witness Conspired In Data Security Suit

    LabMD Inc.'s CEO told a House committee Thursday that the Federal Trade Commission began probing its allegedly lax data security only after the company refused to pay the firm that became the commission's main witness to fix security vulnerabilities, but the committee's top Democrat countered that there was no concrete evidence that LabMD was unfairly targeted.

  • July 24, 2014

    Miami Home Care Co. Owner Cops To $74M Medicare Fraud

    The owner and administrator of two Miami home care companies pled guilty Wednesday in Florida federal court for her role in a $74 million Medicare fraud scheme that allegedly billed the government for services not medically necessary or not provided.

  • July 24, 2014

    Walgreen Wins Dismissal In Pharmacy Buyout Suits

    A federal judge on Thursday dismissed two New Jersey pharmacies' suits against a Walgreen Co. subsidiary, finding that they failed to show the company breached asset purchase agreements that tied certain payouts to future prescriptions from the pharmacies' onetime customers.

  • July 24, 2014

    APS Ducks Most Of Universal's $222M Soured Merger Suit

    A Delaware federal judge on Thursday trimmed Universal American Corp.'s suit alleging its $222.3 million merger partner for APS Healthcare Inc. fraudulently induced the transaction, ruling that allegations of securities violations and fraud failed to state a claim.

  • July 24, 2014

    Duane Morris Nabs Ex-Benesch Health M&A, PE Pro In NY

    Duane Morris LLP bolstered its health law practice group with the addition of a health-care mergers and acquisitions and private equity pro from Benesch Friedlander Coplan & Aronoff LLP in its New York office, the firm said.

  • 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.

Expert Analysis

  • VNA V. Jupiter Reflects Dramatic Shift By Fla. Courts

    Donald J. Hayden

    In Visiting Nurse Association of Florida Inc. v. Jupiter Medical Center, the Florida Supreme Court entered a unanimous decision that falls in line with a growing trend providing further certainty in using arbitration as a speedy and cost-effective vehicle for resolving commercial disputes, say attorneys with Berger Singerman LLP.

  • Tips For Recovery Under Mandatory Victims Restitution Act

    Paul Monnin

    The Mandatory Victims Restitution Act is a valuable tool to recover the expenses of a costly, yet necessary, internal investigation into a former employee’s criminal wrongdoing. Anticipate and plan for a necessity showing under the MVRA as a potential criminal matter is being investigated and after government cooperation has commenced, say Paul Monnin and Zachary LeVasseur of DLA Piper LLP.

  • 2 NY Cases Highlight Medical Expert Disclosure Disparity

    Justin L. Salkin

    From Rivera v. Albany Medical Center Hospital and Marano v. Mercy Hospital, defendants will likely be unable to obtain summary judgment in medical malpractice cases without disclosing the name of the medical expert submitting an affidavit, says Justin Salkin of Hiscock & Barclay LLP.

  • Litigator’s Perspective: 5 Tips On Arbitration Provisions

    Daniel T. McCloskey

    It happens all the time. When a dispute arises, two parties find themselves in arbitration, realizing that they might have had more leverage to dictate the terms of the process when they were negotiating the arbitration provision — but missed the opportunity, says Daniel McCloskey of Duane Morris LLP.

  • 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 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

  • 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.