A cardiovascular health care provider facing a False Claims Act suit asked a federal judge to reconsider an order not to apply an automatic bankruptcy stay, saying the court violated its due process rights by not considering a response it was entitled to file.
Medical product maker Hollister Inc. and medical product supplier Byram Healthcare Centers Inc. will pay a combined $21 million to resolve whistleblower allegations that they violated the False Claims Act by carrying out a yearslong kickback scheme involving catheters and colostomy bag accessories, the U.S. Department of Justice said on Friday.
A UnitedHealth Group Inc. unit on Thursday asked a California federal judge not to certify a class of plan holders who say they were improperly denied mental health and substance abuse treatments in violation of ERISA, as each claim would need to be handled on an individual level.
Tiversa on Friday stepped up its bid to nix hacking and fraud claims lobbed by LabMD in Pennsylvania federal court, arguing that despite the lab's assertion that Tiversa lied to the Federal Trade Commission, LabMD has known about the alleged misconduct since at least 2010.
Yahoo Inc. has a short list of 10 bidders, which includes Verizon Communications Inc., for its core Internet business, according to a Reuters report Friday. Most of the offers are cash-only, and also come from big private equity players such as TPG Capital LP. The move to divest the core assets comes after Yahoo scrapped plans to spin off its Alibaba stake in December. Earlier this week, Yahoo announced a truce with activist investor Starboard Value that saw the company partially shake up its board to avoid a proxy fight.
In this week’s Taxation With Representation, a health care giant acquires a medical device maker with help from Baker & McKenzie and Gibson Dunn tax counsel, while a media stalwart picks up an animation studio and a medical services company is purchased.
Quest Diagnostics on Thursday said it had been granted emergency U.S. Food and Drug Administration approval for a test that one of its subsidiaries developed to diagnose the Zika virus, adding that the test should be available for physicians to use in the coming days.
Troutman Sanders LLP on Thursday said that it scored a mergers and acquisitions expert from Sheppard Mullin Richter & Hampton LLP who works closely with clients in the food and beverage and health care sectors to round out its corporate practice in Orange County, California.
The Rosebud Sioux Tribe sued the federal government Thursday, saying mismanagement and a lack of funding from the Indian Health Service and other agencies have forced its main hospital to close, violating federal laws and breaching the government’s trust duty to the South Dakota tribe.
Texas firm Burt Barr & Associates LLP asked a federal judge on Friday to permanently dismiss a former client’s malpractice suit accusing the firm of failing to take the necessary steps for her to collect on a $3 million sexual harassment suit judgment, saying she has failed to show the ability to collect.
The U.S. Equal Employment Opportunity Commission is suing a North Carolina hospital in federal court on behalf of employees who say they were given the choice between being terminated or violating their religious beliefs by receiving a flu shot.
Surging penalties and looming audits mean business is booming for attorneys specializing in the Health Insurance Portability and Accountability Act, but firms need to elevate their profiles and cultivate wide-ranging expertise to fully capitalize on the opportunity. Here, top privacy pros share tips on becoming a go-to firm for HIPAA compliance.
The U.S. Food and Drug Administration will soon consider whether to make opioid education for prescribers mandatory — it’s currently voluntary — amid other possible modifications to the agency's plan for evaluating and mitigating the risks associated with prescribing opioid painkillers.
A Chicago jury awarded $8 million on Wednesday to the son of a woman who died after being anesthetized without an anesthesiologist present and without procedures in place for response to such “code blue” events, according to documents provided by the plaintiffs.
Medical equipment suppliers who fraudulently overbill Medicare can be given longer sentences based on their positions of trust, a split Ninth Circuit ruled Thursday, saying a California couple convicted of $1.6 million worth of False Claims Act violations took advantage of a government honor system.
A Florida federal judge said Thursday he would not reconsider his recent decision denying approval of a settlement agreement a cancer victim's family reached with Laboratory Corp. of America, in a case in which they previously won a $4.4 million judgment over a botched test.
Express Scripts’ bid to escape an antitrust suit brought by compounding pharmacies who say it conspired with other pharmacy benefit managers to push them out of the market was little more than “self-serving fiction,” the compounders said in Missouri federal court Wednesday.
Bankrupt end-of-life care provider American Hospice Management Holdings LLC received approval for the sale of its operations in six states on Thursday, after an auction saw competitive bidding for parts of the company.
A registered nurse formerly employed by the University of Texas Health Science Center at San Antonio urged a Texas federal judge Wednesday to enter judgment adding nearly $84,000 in attorneys' fees to a jury's months-old sex discrimination verdict for $115,000.
A False Claims Act whistleblower alleging Vista Hospice Care Inc. enticed fake referrals to boost enrollment in its program urged a Texas federal court Thursday to let two whistleblowers from another suit testify, saying their financial stake in the current case's outcome was legitimate.
While I am confident that the decisions in Windsor and Obergefell were made on the basis of the dictates of the Constitution, I am also confident that the communications efforts undertaken gave the justices additional comfort to make the right call, and ensured that these decisions were not treated as a Roe v. Wade redux, says Liz Mair, former online communications director for the Republican National Committee and president of Mair Strategies.
Although employee action or mistake continues to be a leading cause of health care data breaches, health care is being affected by phishing, hacking and malware attacks just like any other industry. Experience shows that health care may even be targeted more and more for these cyberattacks, says Lynn Sessions of BakerHostetler.
In West Virginia, the Federal Trade Commission filed an administrative complaint to prevent the merger of two hospitals — just three months after the state attorney general announced his approval. Although West Virginia’s subsequent legislative acrobatics to secure state-action-exemption protection for certain hospital mergers are novel, to hospitals and other states, West Virginia might be on to something, say Emily Chow and Matth... (continued)
The jury's verdict in Aetna Life Insurance v. Bay Area Surgical Management should not be read as a death knell for the health care industry’s out-of-network model. However, it represents a significant battle in an ongoing war between insurers trying to control costs and out-of-network providers who argue they cannot contract on reasonable terms, says Carol Lucas at Buchalter Nemer.
Dentons is two different law firm networks in one. So even if the Swiss verein structure should eventually fail and Dentons is forced to operate as a network of independent law firms, it could still be a significant market force, says Mark A. Cohen, a recovering civil trial lawyer and the founder of Legal Mosaic LLC.
While Florida's newly enacted Transparency in Health Care bill imposes important changes that will impact many entities involved in the health care system, it also leaves various issues to be defined by several state agencies, which could create new complications for those within the industry, say Walter Taché and Magda Rodriguez at Carlton Fields Jorden Burt PA.
While the U.S. Department of Health and Human Services' new guidance on the use of its so-called permissive exclusion authority should provide more transparency and predictability, many of its provisions focus on the risk of future misconduct, which run counter to requests for positive incentives for the development and implementation of effective compliance programs, say attorneys at Skadden Arps Slate Meagher & Flom LLP.
Various corporate defendants have vigorously fought, lost and refought challenges to the government’s ability to hire outside counsel on a contingent-fee basis. These failed efforts show why the use of outside counsel by government agencies, rather than being wrong, is entirely right, says Linda Singer, former District of Columbia attorney general now with Cohen Milstein Sellers & Toll PLLC.
Perhaps, in light of the Fourth Circuit ruling in Travelers v. Portal Healthcare Solutions — the first federal circuit court decision in which "publication" was found to include a data breach — policyholders can claim that the tide is turning their way in these cases, says Jeffrey Davis at Quarles & Brady LLP.
The Illinois attorney general has clarified that the state's data breach enforcement spotlight will focus on cases involving highly sensitive information. In order to position themselves for an appropriate response to a breach, health care providers need to understand the overlap and variances between relevant federal and state law and take action now to be ready, say Carolyn Metnick and Jason Betke at Akerman LLP.