Health RSS

  • April 18, 2014

    Whistleblower Wants High Court's Stance On Leave To Amend

    A whistleblower has asked the U.S. Supreme Court to revive a False Claims Act suit against Takeda Pharmaceutical Co. Ltd. after the First Circuit upheld the suit's dismissal, arguing the case presents a circuit split on when a plaintiff can seek leave to amend a complaint.

  • April 18, 2014

    USC Urges Judge To Toss Ex-Football Player's Pain Med Suit

    The University of Southern California and its student health center urged a California federal judge on Friday to toss an ex-USC football player's claims that a team doctor negligently administered a painkiller that gave him a heart attack, saying the player didn't show a breach in the standard of care.

  • April 18, 2014

    UPMC's Estimate Of Data Breach Victims Skyrockets To 27K

    The University of Pittsburgh Medical Center said on Thursday that up to 27,000 of its employees could have been affected by a security breach that has already resulted in hundreds of false tax returns being filed under workers' names.

  • April 18, 2014

    NY Times Needn't Cough Up Docs For Hospital Investor Spat

    A New York federal judge ruled Thursday that The New York Times Co. doesn't have to produce documents sought by a pension fund for an underlying investor suit accusing a health care operator of performing unnecessary, highly profitable cardiac procedures.

  • April 18, 2014

    Ogletree Deakins Adds Employment Pro To Houston Office

    Ogletree Deakins Nash Smoak & Stewart PC announced Thursday that it has added a Gardere Wynne Sewell litigation and appellate attorney with expertise in labor law to its Houston office to strengthen its employment law and workplace safety and health practice groups.

  • April 18, 2014

    Hospitals Press Medicare For ACO Overhaul

    The American Hospital Association on Thursday published a blistering critique of how Medicare has regulated accountable care organizations, saying that goals are too hard to attain, that data isn’t transmitted quickly enough and that providers are being asked to transform too quickly.

  • April 18, 2014

    IMS Wants Ballard Spahr Off Patent Suit Against Rival

    IMS Health Inc. urged a Delaware federal judge on Thursday to prevent Ballard Spahr LLP from representing Symphony Health Solutions Corp. in a patent infringement battle over patient record analytics software, claiming the law firm represented its predecessor in past litigation over one of the patents-in-suit.

  • April 18, 2014

    Ohio Cardiologist, Clinic Settle Medicare FCA Suit For $1M

    Ohio cardiology clinic Belmont Cardiology Inc. and its principal have agreed to pay $1 million for violating the False Claims Act by submitting false claims to Medicare, the U.S. Department of Justice announced Thursday.

  • April 17, 2014

    Boeing Hit With ERISA Suit Over Coverage For Autistic Kids

    Employees of The Boeing Co. filed a putative class action Thursday in Washington federal court, claiming the company breached fiduciary duties by not including behavioral therapy coverage for autistic dependents in their benefits plan, in violation of the Employment Retirement Income Security Act.

  • April 17, 2014

    Fla. Jury Dings LabCorp $16M For Misdiagnosed Cancer Victim

    The family of a cancer victim won a $15.8 million jury award Wednesday in their suit against Laboratory Corporation of America, which they accused of negligently failing to diagnose cancerous cells taken in a Pap smear test.

  • April 17, 2014

    CMS Balks At Advice To Trim Hospital Outpatient Payments

    The Centers for Medicare and Medicaid Services has rejected recommendations in a report released Thursday to trim reimbursements for surgeries performed in outpatient hospital settings, prompting a rare rebuke from the Office of Inspector General, which accused the agency of shirking its budget-oversight duties.

  • April 17, 2014

    Fla. Hospital Accused Of Medicare False Billing Cover-Up

    Florida-based hospital system Baptist Health System Inc. helped cover up a prominent doctor’s intentional misdiagnoses of many patients, including the billing of Medicare and Medicaid for unnecessary medical services, according to an employee whistleblower suit unsealed Monday.

  • April 17, 2014

    LeClairRyan Bags Seasoned Med Mal Trial Lawyer In NYC

    LeClairRyan has snagged an experienced McAloon & Friedman PC medical malpractice trial lawyer, who's also a former New York City criminal prosecutor, to join its medical malpractice defense and health care teams, the firm said Monday.

  • April 17, 2014

    ACA Sign-Ups Hit 8M In Win For Health Care Industry

    President Barack Obama announced Thursday that 8 million Americans found private health insurance during the Affordable Care Act’s first open enrollment period, a big win for drugmakers, insurers and hospitals that helped bankroll the law and ended up with more new customers than most expected.

  • April 17, 2014

    Dentons Lands Chief Health Care Fraud Prosecutor

    Dentons has nabbed a top federal prosecutor and health care fraud specialist from the Eastern District of New York to serve as a partner in the firm's health care practice, it announced Wednesday.

  • April 17, 2014

    Calif. Officials Approve Autism Coverage Regulation

    California officials have approved a regulation requiring health plans to cover behavioral health treatments for autism, proposed last year after allegations that some insurers had declined coverage for such treatments in spite of state law, the state’s insurance regulator announced Wednesday.

  • April 17, 2014

    Conn. Looks To Police Hospital-Doc Tie-Ups More Strictly

    Connecticut's attorney general on Wednesday issued a wide-ranging report spotlighting potential antitrust concerns and consumer price-gouging stemming from hospital acquisitions of physician practices, calling on state lawmakers to pass two bills aimed at protecting the pocketbooks of patients with private health coverage.

  • April 17, 2014

    CRC Health Pays $9.25M To Resolve Medicaid Fraud Claims

    CRC Heath Group Inc. has agreed to pay the state of Tennessee and the federal government $9.25 million over allegations that it provided substandard substance abuse treatment and overcharged the state's Medicaid system, the state's attorney general said Wednesday.

  • April 16, 2014

    High Court Urged To Nix Suit Over Worker's Facebook Posts

    Mercy Health System of Kansas Inc. urged the U.S. Supreme Court on Wednesday not to take up a petition from a former employee asking the court to rule on whether Facebook posts and other communications to nonemployers are protected by law, arguing that the suit is an inappropriate vehicle for the question.

  • April 16, 2014

    7th Circ. Rehears Ind. Debt Collector Forum-Shopping Case

    The Seventh Circuit on Wednesday heard an Indiana man’s bid to revive his suit seeking damages from a medical debt collector, reconsidering en banc a prior decision that critics say allows debt collectors to forum-shop and win defaults by forcing consumers to appear in distant or unfriendly venues.

Expert Analysis

  • The State Of Arbitration Enforcement In Calif.

    Neil R. Bardack

    Even with the judicial impact of several U.S. Supreme Court opinions, beginning with AT&T Mobility v. Concepcion, the predicament for the practitioner and client is that any provision that seeks to enforce arbitration of labor and consumer remedy statutes, or that makes the cost of arbitration too one-sided, runs a significant risk of not being enforced in a California state court, say Neil Bardack and Shannon Nessier of Hanson Bridgett LLP.

  • The Future Of Law Firm PR: The Good, Bad And Ugly

    Paul Webb

    There has been a dramatic change in how public relations professionals interact with the news media to promote or protect a law firm’s brand and reputation. But content is queen and has a bright future in law firm PR — it all begins with a plan that should include goals, performance indicators and a system of assessment, say Paul Webb, director of marketing at Young Conaway Stargatt & Taylor LLP, and Kathy O'Brien, senior vice president at Jaffe PR.

  • Roadblocks To D&O Coverage For Subpoena Response Costs

    Benjamin D. Tievsky

    While it must be emphasized that a policyholder’s entitlement to coverage is dependent upon the precise language of the policy at issue and the specific facts of each case, the recognition by many courts that a subpoena is a “claim” under D&O policies opens the door for potential recovery in a variety of circumstances, says Benjamin Tievsky of Orrick Herrington & Sutcliffe LLP.

  • Medicare Data Release May Spur Health Care Investigations

    Eric D. Fader

    Some industry observers have speculated that the Centers for Medicare and Medicaid Services' recent release of data on Medicare reimbursement payments to health care providers will result in an increase in whistleblower claims under the False Claims Act. While that remains to be seen, "outlier" providers identified in the data may be wise to prepare for some unwanted attention, say Eric Fader and Elizabeth Kim of Day Pitney LLP.

  • Reading Between The Whistleblower Headlines

    Shanti Atkins

    The meteoric media rise of the “celebrity” whistleblower has shone a spotlight on the practice, with personalities such as Chelsea Manning and Edward Snowden dividing public opinion on the ethics of spilling secrets. But organizations should pay close attention to the surge in this trend beyond the headlines. Remember, whistleblowers don’t need to be popular to be effective, and opinions on their motives and morality are entirely secondary to the critical issues they potentially uncover, says Shanti Atkins of Navex Global.

  • Heartbleed Rains On The Legal Cloud Parade

    David Houlihan

    While the actual breaches are unknown, Heartbleed has the potential to expose all of a lawyer's files stored or transmitted online. The bug raises professional responsibility questions and offers confirmation of the greatest anxieties that the legal industry has about online practice. In fact, the timing is poor for many legal tech providers, following a general industry warming to cloud offerings, says David Houlihan of Blue Hill Research Inc.

  • Lawful Firings In NY May Hinge On 'Interactive Process'

    Courtney Stieber

    William Jacobsen v. New York City Health and Hospitals Corp. makes clear that, in order to escape trial and prevail on summary judgment, an employer generally must present evidence that it engaged in the "interactive process" regarding employee-requested accommodations. The decision solidifies a line of recent appellate decisions on an employer’s obligations toward disabled employees, say Robert Whitman and Courtney Stieber of Seyfarth Shaw LLP.

  • FCA Public Disclosure Case May Help Health Industry

    Norman G. Tabler Jr.

    The lesson of Stratienko v. Chattanooga-Hamilton County Hospital Authority may be that public disclosure is like toothpaste — once it’s out of the tube, it’s out. Fraudulent acts that have been disclosed can’t be undisclosed by recharacterizing them with a different label, says Norman Tabler of Faegre Baker Daniels LLP.

  • Keep Your Audience From Checking Email: 5 Legal Talk Tips

    Michael H. Rubin

    Why do the majority of speakers get polite claps at the end of their talks while a few select others receive rousing applause? Having given more than 375 presentations to legal groups, bar associations, Fortune 500 companies and corporate gatherings, I’ve learned a few things about what not to do. Remember, great speakers don’t tell “war stories.” They don’t even give examples from their own practice, says Michael Rubin of McGlinchey Stafford PLLC.

  • Tenants And Marijuana — Time To Revisit The Boilerplate

    Nadya N. Makenko

    What happens if an entity or person, permitted under applicable state law to engage in the cultivation, distribution or possession of marijuana, is leasing space in a building for such purposes? This scenario sheds a completely different light on some “boilerplate” lease provisions, such as compliance with all laws, because clearly, the tenant’s use will not comply with federal law, says Nadya Makenko of K&L Gates LLP.