• August 28, 2015

    UCLA Says Breach Victim’s Depression Due To Childbirth

    An attorney for the University of California, Los Angeles Health System on Friday cross-examined a woman suing it for allowing her ex-boyfriend’s new partner to access her medical records, questioning whether sadness she felt after the incident was caused by the privacy breach or pregnancy-related.

  • August 28, 2015

    ManorCare Blasts DOJ, Says FCA Case Deserves Dismissal

    HCR ManorCare Inc. on Friday blasted the U.S. Department of Justice's arguments against dismissing its case claiming the nursing home giant inflated the amount of therapy it provided to bill Medicare at a higher rate, saying the government hasn't adequately pled its case.

  • August 28, 2015

    Endo Wants TCPA Suit Held Longer While FCC Mulls Fax Rule

    Endo Pharmaceuticals Inc. fired back Friday at the medical group leading a proposed class action alleging the company violated junk fax laws under the Telephone Consumer Protection Act, telling a Pennsylvania federal judge it’s offered no legitimate reason why an already-eight-month stay on the case shouldn’t continue.

  • August 28, 2015

    Capella Co-Founder Says PE Firm Cut Him Out Of $900M Sale

    GTCR LLC was hit with a lawsuit Friday over its $900 million sale of Capella Healthcare Inc. to Medical Properties Trust Inc. by one of the company’s founders, who said the Chicago-based private equity outfit breached its fiduciary duty and diluted his shares.

  • August 28, 2015

    7th Circ. Says Ind. Agency Must Pay Medicaid Reimbursements

    The Seventh Circuit on Friday reversed a lower court's decision that had itself reversed a bankruptcy court's decision and ordered an Indiana state agency to pay $1.6 million in withheld Medicaid reimbursements to a hospital that declared bankruptcy in 2012.

  • August 28, 2015

    Khaitan Guides IHH Healthcare Unit's $194M India Hospital Buy

    Khaitan & Co. represented Gleneagles Development Pte. Ltd., a subsidiary of IHH Healthcare Berhad, in the company’s 12.84 billion rupee ($194 million) purchase of a 73.4 percent stake in India hospital operator Ravindranath GE Medical Associates Pte. Ltd. announced Friday.

  • August 28, 2015

    Where Things Stand In Planned Parenthood Fetal Tissue Saga

    Undercover videos by abortion rights opponents targeting Planned Parenthood’s support of fetal tissue research have ignited a firestorm of investigations and lawsuits across the country, including new litigation on Friday. Here, Law360 summarizes the legal and political battles that show no signs of cooling down.

  • August 28, 2015

    NJ Court Revives Nurse's Disability Bias Claim In Split Ruling

    A nurse came out on the winning end of a rare split decision from the New Jersey Appellate Division on Friday that revived her disability discrimination suit against Saint Clare's Health System and found no clear evidence that she couldn't perform her job.

  • August 27, 2015

    UCLA Medical Data Breach Left Victim Depressed, Jury Hears

    A woman who sued the University of California, Los Angeles Health System after discovering that her ex-boyfriend's new partner accessed her medical records and texted them to others took the stand Thursday, saying the violation of her privacy left her "stressed, crying, depressed."

  • August 27, 2015

    Miss. Hospital Beats EEOC Suit Over Firing Of Injured Nurse

    A Mississippi federal judge on Thursday tossed a discrimination lawsuit filed by the Equal Employment Opportunity Commission against a Vicksburg, Mississippi, hospital, holding the commission failed to meet its burden that an injured nurse was protected by the Americans with Disabilities Act.

  • August 27, 2015

    Genesis Healthcare Faces FCA Row Over Unneeded Therapies

    Genesis Healthcare LLC is facing a consolidated False Claims Act suit brought by a group of therapists who claim the health care provider overcharged the government for therapies and put patients through unnecessary treatments to extract more money, according to a complaint unsealed Thursday in Pennsylvania federal court.

  • August 27, 2015

    340B 'Mega-Guidance' Dials Back Patient Eligibility

    The U.S. Department of Health and Human Services on Thursday unveiled highly anticipated "mega-guidance" on important policies in the 340B drug discount program, and experts say that fewer patients will be eligible under the new standards.

  • August 27, 2015

    Ill. Has 3 Weeks To Pay Medicaid Fees, Budget Crisis Or No

    A federal judge gave the state of Illinois three weeks to figure out how it's going to pay Medicaid providers that are in danger of falling through the cracks while the state continues to operate without a budget, saying on Thursday that she was reluctant to drag Gov. Bruce Rauner before the court for failure to comply with an earlier order.

  • August 27, 2015

    4 Of 5 Health Care Orgs Hit By Cyberattacks, Study Says

    Eighty-one percent of health care executives say their organizations have been compromised by at least one cyberattack during the past two years, and a little more than half feel they're adequately prepared to prevent attacks, according to a recent study by KPMG LLP.

  • August 27, 2015

    Nine More Join Immigrants' Suit Over Birth Certificates

    A Texas federal judge on Wednesday agreed to let eight families and a nonprofit join a suit accusing a Texas health agency of denying birth certificates to the U.S. citizen children of immigrant parents.

  • August 27, 2015

    Home Health Co. Owners Charged With $6M Medicare Fraud

    A federal grand jury has indicted the owners of a Chicago home health care business and others on 23 counts that they allegedly defrauded Medicare of more than $6 million following a kickback scheme, prosecutors said Thursday.

  • August 27, 2015

    3rd Circ. Won't Revive Quest Diagnostics Kickbacks Row

    The Third Circuit refused Wednesday to revive a suit brought by a Pennsylvania physician alleging Quest Diagnostics Inc. offered doctors perks and kickbacks for referrals, holding he failed to overcome the False Claims Act's provisions prohibiting claims based on information that’s already publicly disclosed.

  • August 27, 2015

    Clerk’s Appeal Can’t Hold Up Marriage Licenses, 6th Circ. Says

    A Kentucky clerk who has refused to hand out any marriage licenses in protest of the U.S. Supreme Court’s landmark decision legalizing same-sex marriage nationwide must issue licenses while appealing her case, the Sixth Circuit ruled Wednesday.

  • August 27, 2015

    Texas Judge Exits Med Center FCA Suit Over Witness

    A Texas federal judge recused himself Wednesday from a False Claims Act suit against a medical center, days after the defendants revealed his cousin could be a key witness.

  • August 26, 2015

    UCLA Official Grilled Over Medical Record Privacy Breach

    Against the backdrop of a data breach affecting 4.5 million University of California Los Angeles Health System patients, the system’s privacy officer took the stand Wednesday in a suit brought after a woman's medical records were accessed by her ex-boyfriend's new partner, facing questions about why available security measures weren’t used.

Expert Analysis

  • Hospital Chain Pays Heavily For Being Too Clever

    One substantive lesson from Doughramji v. Community Health Systems Inc. is that when a defendant in a False Claims Act qui tam case pays money for the release of a relator's claim, the relator will likely be entitled to reasonable attorneys' fees as a prevailing party unless the settlement agreement says otherwise — and says it unambiguously, says Norman Tabler Jr. of Faegre Baker Daniels LLP.

  • TCPA Issues Familiar And Unique To Health Care Providers

    Lewis S. Wiener

    Many of the issues facing health care companies under the Telephone Consumer Protection Act are similar to other industries — consent and the scope of that consent, reassigned numbers, opt-outs and large potential exposure to statutory damages. However, the Federal Communications Commission's recent TCPA order also holds a new exemption for the health care industry, say attorneys at Sutherland Asbill & Brennan LLP.

  • Tips For Responding To An FTC Subpoena

    Julie A. Flaming

    A subpoena from the Federal Trade Commission can be unnerving and may appear daunting in the scope of its requests. Negotiations with the FTC regarding scope of discovery, time frames and even format of production can assist in reducing the burden for companies, say Julie Flaming and Katie Smith of Nelson Mullins Riley & Scarborough LLP.

  • Mitigating FCA Whistleblower Risk When Employees Leave

    David Pivnick

    Effective exit interviews and questionnaires can be an important component in preventing and hindering future False Claims Act litigation. It is important to make departing employees feel comfortable revealing not only specific fraudulent activity, if identified, but also general disquiet about the company’s compliance culture, say members of McGuireWoods LLP, Duff & Phelps LLC and Axiom Law.

  • Don't Ignore Small And Midsize Health FCA Settlements

    Michael A. Filoromo III

    While the dollar figures involved in fraudulent schemes committed by small and midsize health providers pale in comparison to the record-setting $3 billion settlement with GlaxoSmithKline PLC, they are nonetheless substantial and can result in significant awards through the qui tam provisions of the federal False Claims Act, says Michael Filoromo III of Katz Marshall & Banks LLP.

  • 1st Of Its Kind FCA Settlement May Not Be Last

    Andrew J. Finan

    The U.S. Department of Justice is claiming the settlement agreement with Pediatric Services of America Inc. is a “first of its kind” settlement because it is the first involving a health care provider’s failure to investigate, report and repay overpayments received from federal health care programs under Section 6402 of the Affordable Care Act. While the agreement may be the first of its kind, it likely won't be the last, says Andr... (continued)

  • FDA's Focus On Drug Appearance May Cause Ugly Problems

    Jeffrey A. Wolfson

    The U.S. Food and Drug Administration's recent final guidance on the size, shape and physical characteristics of generic-manufactured tablets may make pills easier for patients to swallow, but is not likely to help ongoing generic drug pricing and shortage problems in the supply chain, say Jeffrey Wolfson and Evert Tu at Haynes & Boone LLP.

  • OIG Says Certain Free Drug Starter Programs May Be OK

    Joseph W. Metro

    The U.S. Department of Health and Human Services Office of Inspector General's recent advisory opinion on a program that provides a drug at no cost for a limited time to patients experiencing insurance approval delays confirms an important principle that, under the right circumstances, free product starter programs can be a legitimate mechanism to facilitate patient access, say Joseph Metro and Jacquelyn Godin at Reed Smith LLP.

  • A Tale Of 2 Cases Shows Dilemma Over Workplace Violence

    Mark A. Lies II

    The Ninth Circuit's ruling in Mayo v. PCC Structurals Inc. and an Occupational Safety and Health Review Commission administrative law judge's decision in Secretary of Labor v. Integra Health Management Inc. illustrate the competing liabilities health care employers face in their decision-making when responding to workplace violence, say Mark Lies II and Craig Simonsen of Seyfarth Shaw LLP.

  • Top 5 Ways To Help A Law Professional Land A Job

    Mark Newall

    It is a hard truth, but a law degree is a tough thing to have nowadays. Overloaded with thousands of dollars in debt and only a few job prospects that require a law license, many law graduates are looking for ways to manage their careers. We suggest some proven methods to amplify and accelerate your job search, says Mark Newall of Essex Partners Legal.