The Eleventh Circuit on Tuesday reversed a lower court’s order that granted an injunction of a Florida state law restricting doctors from asking “irrelevant” questions about patients’ gun ownership, saying that the law protects patient privacy by circumscribing irrelevant inquiry.
A hospital facing a proposed class action over a patient data breach told an Alabama federal judge on Monday to ignore the Seventh Circuit's recent revival of another data breach case, saying the circuit court had strayed from precedent.
A Massachusetts federal judge refused to let an Ohio doctor escape a suit over his role in a woman's death from steroid injections tainted by a compounding pharmacy, ruling on Tuesday the federal court need not apply a state rule governing medical claims.
The U.S. House of Representatives on Tuesday passed a bill to give Congress review power over all federal regulations that would result in an economic impact of $100 million or more, or other significant consumer or business impacts, ignoring a presidential veto threat.
Evidence introduced by the U.S. Department of Justice on Monday hoping to reverse sanctions restricting witness testimony in a highly anticipated False Claims Act trial in Alabama federal court has already been considered and rejected by the court, the hospice chain being sued said Tuesday.
A fisherman who starred in a National Geographic Channel reality TV series was indicted on federal fraud charges in Vermont federal court on Friday for collecting over $44,000 in social security and Medicaid benefits based on false statements.
A Tennessee hospital has asked the U.S. Supreme Court to reverse the Sixth Circuit's February ruling that an administrative audit did not constitute the public disclosure needed to kill a False Claims Act suit accusing the hospital of fraudulent Medicare and Medicaid reimbursements.
Health insurers, hospitals and independent analysts are pressuring the Obama administration to relax a controversial proposal capping profits and overhead spending in private Medicaid plans, according to newly released comments.
Nelson Mullins Riley & Scarborough LLP has hired a former Balch & Bingham LLP health care partner with more than 25 years of experience as a partner in its Atlanta office, the firm confirmed Tuesday.
State Farm Mutual Automobile Insurance Co. continued its quest to learn whether a hospital overbilled it for accident patients' care while handing discounts to medical insurers, telling the Florida Supreme Court on Monday that the lower court botched its state statute interpretation.
Two medical centers have sued New Jersey and Gov. Chris Christie over a new law authorizing hospitals with the state's highest comprehensive trauma care designation to exclusively take over paramedic services in their host towns, effectively stripping the plaintiffs of duties they'd held for decades.
An Illinois federal judge on Tuesday refused to throw out the convictions of three former Sacred Heart Hospital executives who were found guilty of defrauding federal health care programs in an elaborate kickback scheme in which doctors were paid for patient referrals.
The U.S. Securities and Exchange Commission on Tuesday said Mead Johnson Nutrition Co. will pay $12 million to settle claims that it violated the Foreign Corrupt Practices Act when distributors in China allegedly bribed staff at state-owned hospitals to promote the company’s line of infant formula.
Medical Properties Trust Inc. said Monday it's paying $900 million to acquire private equity-owned acute care hospital operator Capella Healthcare Inc., a deal Kirkland & Ellis LLP worked on as counsel to the seller.
The U.S. House of Representatives on Monday passed several bills related to military veterans, including measures to exempt vets from certain fees on U.S. Small Business Administration loans and to exempt them from calculations for the Affordable Care Act’s employer mandate.
A doctor who serves as mayor of a northern New Jersey town pled not guilty in state court Monday to charges that he took cash bribes and other kickbacks for referring patients to a medical imaging company.
A financial planner and insurance agent has asked the U.S. Supreme Court to review a Florida Supreme Court decision that advising Medicaid applicants on how to meet the program's asset rules and assessing their financial resources is an unauthorized practice of law and cannot be carried out by nonlawyers.
Three companies and their two owners have been permanently banned from selling health care-related products and services and must pay $35,000 after settling Federal Trade Commission allegations in Florida federal court that they stole hundreds of dollars from Medicare consumers through a telephone scheme, the agency announced Monday.
A Houston-area hospital and CEO accused of bilking Aetna Life Insurance Co. out of as much as $120 million and offering kickbacks to physicians lost a bid to get rid of Aetna’s lawsuit Friday, though a Texas federal judge stayed the trial while other litigation between the parties proceeds.
The U.S. Department of Justice on Monday urged an Alabama federal judge to undo sanctions restricting witness testimony in a hotly anticipated False Claims Act trial involving hospice chain AseraCare Inc., saying that the punishment for alleged discovery violations represents “clear error.”
Two recent decisions from the New Jersey Tax Court may prove problematic for nonprofit organizations currently relying on the state’s property tax exemption statute, say Richard Ricci and Sean Collier at Lowenstein Sandler LLP.
The Centers for Medicare and Medicaid Services' proposed rule to simplify compliance with the Stark Law could benefit providers tremendously since the law is a strict liability statute and is increasingly being used by both whistleblowers and the government to impose multimillion-dollar judgments and settlements on hospitals and other health care providers, say attorneys at Arent Fox LLP.
Manipulating gender disparity in the service of hawking a flawed investment product does nothing but trivialize a serious and important issue. The tortured logic in Burford Capital LLC’s recent plug for third-party litigation financing is nothing more than a marketing ploy to boost revenues, says Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform.
As the D.C. Circuit's recent ruling in Council for Urological Interests v. Burwell attests, the Centers for Medicare and Medicaid Services' interpretation of the Stark Law has vacillated over the years. However, CMS' flexibility is not unlimited, particularly where, as with respect to the issue of per-click equipment leases, Congress has spoken plainly, say attorneys at Dentons LLP.
Fisher and Romaine’s well-known article, “Janis Joplin’s Yearbook and the Theory of Damages,” argues that commercial damages should be measured as of the time the challenged act occurred, an approach that has generally been favored. However, their argument is somewhat contrived, says Paul Godek, principal at MiCRA and a former economic adviser at the Federal Trade Commission.
Once a class action is brought and won or settled, consumers have the responsibility of confirming the continued efficacy of applicable laws and the class action tool. When a large portion of eligible consumers fail to join a class or cash their settlement checks, they allow improper corporate behavior to be more profitable than costly, say Brian Kabateck and Sally Son of Kabateck Brown Kellner LLP.
At the heart of the appeal in United States v. Zadeh, which involves a Texas district court ruling allowing patient medical records to be turned over to the federal government without a warrant, is the collision of two competing interests — a patient’s expectation of privacy and the government's desire to gain access to evidence for use in court, says Friedman & Feiger LLP's Martin Merritt, executive director of the Texas Health La... (continued)
A high-profile criminal investigation of two marijuana cultivation facilities on Native American trust lands in California is a reminder that, despite recent U.S. Department of Justice assurances of possible prosecutorial forbearance, tribes considering violating the federal drug laws do so at their peril, says Troy Eid, a shareholder at Greenberg Traurig LLP and former U.S. attorney for the District of Colorado.
Although the finding of a Petrillo rule violation was the most significant aspect in Thompson v. University of Chicago Medical Center, the order was surprising for other reasons. For one, the document on which the sanctions were based was publicly available — it was a copy of the complaint which the doctor’s lawyer could, and probably would, have obtained anyway, say Eugene Schoon and Jamie Gliksberg of Sidley Austin LLP.
The Bayou Shores bankruptcy case and related litigation — which could soon reach the Eleventh Circuit — highlights some of the challenges a health care facility or provider may face in using bankruptcy as a tool to prevent the termination of its Medicare and Medicaid provider agreements, say Rosa Evergreen and Michael Bernstein of Arnold & Porter LLP.