Federal Trade Commission staff on Friday urged state legislators to carefully evaluate proposed measures that would limit the practice of advanced practice registered nurses, saying such proposals could reduce competition in the primary health care market.
A Michigan federal judge on Friday reinstated his certification of a class of nurses who allege Detroit-area hospitals conspired to keep their wages low, rejecting an argument that the class shouldn’t be joined following the U.S. Supreme Court’s decision in Comcast Corp. v. Behrend.
Restaurants that tack on a charge to customer bills to cover Affordable Care Act costs may attract the media spotlight, but attorneys say businesses that participate in the growing trend are also inviting scrutiny from state consumer protection authorities already primed to crack down on bill-padding surcharges.
The president's 2015 proposed budget includes plans to hire more fraud and compliance enforcers, likely creating more work for attorneys who defend government contractors in areas like health care, information technology and labor compliance.
Thousands of comments poured in by Friday’s deadline for public input on proposals to eliminate Medicare Part D protections that guarantee access to certain drugs, and federal regulators appeared to be on the ropes amid an onslaught of opposition.
The D.C. Circuit on Friday rejected the latest legal argument against the constitutionality of the Affordable Care Act’s individual mandate, saying Fifth Amendment protections against seizing private property aren’t violated just because some consumers pay insurance premiums that effectively subsidize other policyholders.
Bipartisan legislation introduced Thursday in the U.S. Senate would force federal regulators to develop clear criteria and separate payments for short inpatient admissions that don't cross a controversial two-midnight threshold, winning quick acclaim from hospitals that have torched the new policy.
A male in-house counsel once told me I had not been "nice" to him when I approached him about a business opportunity and would therefore not get the business. To add insult to injury, one of my male partners told me I should be flattered by the interest paid to me by the in-house counsel, says Paulette Brown, chief diversity officer at Edwards Wildman Palmer LLP.
Several people have told me that they had a lot of trepidation when they found out they would be working for a woman. To be effective, you need to be able to eliminate or address the conscious or unconscious bias colleagues may have about having a female boss, says Nancy Mitchell, chairwoman of Greenberg Traurig LLP's New York business reorganization and financial restructuring practice.
A shareholder suing health care giant Aetna Inc. for allegedly sending out false and misleading proxy statements in past years urged a New York federal judge on Friday morning to delay the company’s upcoming annual shareholder meeting.
A New Jersey bankruptcy judge on Wednesday approved a Chapter 11 reorganization plan filed by five HealthBridge Management LLC-run health care centers, ending a battle with the National Labor Relations Board, which fought HealthBridge’s rejection of expired collective bargaining agreements covering the centers’ employees.
Health insurers face fresh uncertainty about the profitability of policies sold in Affordable Care Act marketplaces after the Obama administration this week allowed renewals of noncompliant coverage for two extra years, but newly rejiggered financial backstops should guard against heavy losses, experts say.
The American Pharmacists Association, CVS Caremark Corp. and others urged the U.S. Food and Drug Administration on Thursday to rethink its controversial plan to let generic-drug makers independently change their warning labels, saying the proposed rule could burden consumers with increased costs for generic medicines and expose pharmacists, doctors and others to tort liability.
The trustee of bankrupt New England Compounding Pharmacy Inc. and other parties are close to completing a proposed deal in which victims of a fatal 2012 meningitis outbreak would receive $100 million in multidistrict litigation, they told a Massachusetts federal judge on Wednesday.
Florida-based Carter Validus Mission Critical REIT Inc. has nabbed the newly constructed Walnut Hill Medical Center in Dallas for $99.4 million, bringing the value of its health care-specific portfolio of assets to $479.8 million, according to a Thursday statement.
A U.S. Department of Health and Human Services Office of the Inspector General investigation into Medicaid data security in 10 states turned up several "significant and pervasive" vulnerabilities that could leave patients' personal information at risk, the watchdog said Wednesday.
Sutter Health urged a California federal judge on Thursday to throw out a proposed class action accusing the health network of conspiring to monopolize medical services in Northern California, arguing that the plaintiffs' evidence outlining the geographic market Sutter supposedly controls is implausible.
An assisted living facility on Wednesday asked the Texas Supreme Court to toss a ruling in a defamation suit that held that a business-transaction exemption to a state law protecting free speech did not apply to newspaper articles describing poor conditions and Medicaid fraud at the facility.
A group of more than 500,000 restaurants on Thursday slammed the U.S. Department of the Treasury’s recently finalized reporting requirements related to the Affordable Care Act’s employer mandate, saying they are overly burdensome.
San Francisco-based venture capital firm Founders Fund raised $1 billion to support startups focused on changing the world in a broad range of sectors including aerospace, artificial intelligence, energy and health, according to a Wednesday statement.
Despite deepening congressional consensus on sustainable growth rate reform for Medicare Part B, the bipartisan initiative is not accompanied by any strategy for passing it into law. If Congress fails to implement lasting reform, the status quo will have dangerous consequences for American health care while exacerbating Medicare's fiscal insolvency, says Isa Mirza of Foley Hoag LLP.
A group of New York landowners recently filed a petition seeking to compel the state government to issue its final impact statement on the effects of fracking, after more than five years of waiting. Despite the lawsuit, the wait for an answer on fracking in New York will likely continue, and for those outside New York waiting to hear about the environmental and health effects of fracking, the wait may prove to be even longer, says Emily Pincow of Weil Gotshal & Manges LLP.
Cloud users must know how to use the cloud responsibly to prevent later difficulties with document production. When negotiating a cloud service agreement, users should look for certain services that will prove useful when responding to discovery requests, such as comprehensive search options, instant suspension of the auto-delete function, and preservation of metadata and embedded data, say attorneys with Sidley Austin LLP.
The U.S. Supreme Court has agreed to review the Sixth Circuit’s decision in Indiana State District Council of Laborers v. Omnicare Inc., which parts ways with the Second, Third and Ninth circuits and holds that “subjective falsity” is not required for opinion-based Section 11 claims. Although the circuit split is hogging all the attention, everyone seems to be overlooking the fact that the Sixth Circuit in Omnicare ignored its own precedent, says Drew Dropkin of King & Spalding LLP.
While there remain substantial differences between the health care systems of the U.S. and other countries, similar debates and policy questions can be identified universally. Recent U.K. and South African investigations into private health care markets — as well as the debate around U.S. health care reform — have revealed a lack of sufficient public information, which may prevent patients from exercising effective choices, say attorneys at Norton Rose Fulbright.
The U.S. Department of Health and Human Services recently issued a report on the 340B Drug Discount Program to gain a better understanding of how contract pharmacy arrangements operate. While the report does not provide any recommendations in response to the inconsistencies in contract pharmacy arrangement operations, covered entities should develop policies and protocols for performing self-audits and explore the availability of independent auditing services, say attorneys at Epstein Becker & Green PC.
Despite the current circuit split on whether a qui tam relator must identify specific claims in order to satisfy Rule 9(b), the U.S. Department of Justice has asked the U.S. Supreme Court to deny certiorari in U.S. v. Takeda Pharmaceuticals North America Inc. But even if the court does not agree to review this case, it appears highly likely that the court will eventually be called upon to resolve the split, says Scott Grubman, an associate at Rogers & Hardin LLP and a former federal prosecutor.
In stark contrast to the changing environment for the majority of lawyers today, the evolution for the general counsel is driven less by necessity than by opportunity. Today’s GC may touch every aspect of his or her organization to solve challenges and propel the company forward, keeping the GC far ahead of what is expected of the average lawyer, says James Merklinger, vice president and general counsel of the Association of Corporate Counsel.
In U.S. v. Omnicare Inc., the Fourth Circuit recently joined the growing chorus of courts that have refused to extend the reach of the False Claims Act to all manner of regulatory violations. And even though this case involved pre-Fraud Enforcement and Recovery Act conduct, the ruling also may have provided some much-needed perspective to the 2009 FERA amendments to the FCA, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.
The Internal Revenue Service recently issued final regulations interpreting the employer “play or pay” mandate under the Affordable Care Act, which will become effective next year. Employers looking for significant changes from the proposed regulations will be disappointed, say Eric Keller and Melinda Gordon of Paul Hastings LLP.