• February 5, 2016

    GCs Name Best Of The Best Attorneys

    More than 60 lawyers have been recognized by corporate counsel for cracking the code of client satisfaction and standing out among their peers for at least two years straight.

  • February 5, 2016

    8 Firms Boast The Most Client-Savvy Attorneys

    The names of eight law firms were repeatedly on the lips of general counsel this year as they reported which attorneys stood out to them as the best of the best in client service.

  • February 5, 2016

    UnitedHealth Accused Of Deceiving Court In Lap-Band Suit

    An ex-physician being sued by UnitedHealth as part of larger litigation over whether the insurer must pay for certain weight-loss surgeries under employee health plans told a California federal court Friday that the insurer committed fraud on the court when it opposed his attempt to disqualify the judge.

  • February 5, 2016

    Munsch Hardt Scoops Employment Vet In Texas

    Munsch Hardt Kopf & Harr PC said Friday it has brought aboard a seasoned labor and employment partner in its Austin, Texas, office, who has a client base that includes national retail, restaurant, hospitality, manufacturing, health care and technology companies.

  • February 5, 2016

    Full 11th Circ. To Rehear Fight Over Fla. 'Gun Gag' Law

    The Eleventh Circuit has agreed to rehear en banc a free speech case challenging a Florida law forbidding doctors from entering information about gun ownership into medical records of most patients, brought by physicians who have thrice lost in the appeals court.

  • February 5, 2016

    HHS Floats Substance Abuse Records Privacy Rules Update

    The U.S. Department of Health and Human Services on Friday floated revisions to the decades-old rules governing the confidentiality of substance abuse treatment records that would relax consent requirements in order to allow patients to take advantage of increased information sharing procedures within the health care system.

  • February 5, 2016

    Cohen & Malad To Lead Medical Informatics Breach MDL

    An Indiana judge on Thursday tapped Irwin B. Levin of Cohen & Malad LLP as interim lead counsel in multidistrict litigation against Medical Informatics Engineering over a data breach affecting 3.9 million patients, saying he picked one attorney to keep fees down.

  • February 5, 2016

    Illinois ACA Co-Op Hit With Class Action For Cutting Provider

    An Illinois nonprofit insurer created under the Affordable Care Act has been hit with a class action in state court over its decision to boot the University of Chicago from its network of providers after patients had already signed up with the expectation of being attended to by the university’s doctors.

  • February 5, 2016

    Cigna Hid Compliance Failures From Investors, Suit Says

    Cigna Corp. misrepresented to shareholders that its health insurance plans met Medicare compliance standards, causing a hit to the company's stock price, a proposed investor class claimed in a lawsuit filed on Thursday in Connecticut federal court.

  • February 5, 2016

    5 Key Arguments From Abortion Foes At High Court

    Newly filed briefs are pressing the U.S. Supreme Court to allow stricter regulation of abortion doctors and clinics in Texas, arguing that the effort will protect women and that there is no reliable evidence abortion access will be sharply curtailed. Here’s a look at five key arguments advanced in the briefs.

  • February 5, 2016

    Merging Hospitals Say Documents Safe With In-House Counsel

    Two Chicago-area hospitals fighting with the Federal Trade Commission over their proposed merger on Thursday told an Illinois federal court that intervening local health care providers’ requests to ban all in-house counsel from seeing certain confidential documents is excessive and unnecessary.

  • February 5, 2016

    2nd Circ. Shoots Down HHS Rural-Urban Hospital Rule

    A U.S. Department of Health and Human Services regulation limiting hospitals from being reclassified multiple times as urban or rural for the purposes of wage adjustments and drug pricing is invalid under the Medicare Act, the Second Circuit has ruled.

  • February 4, 2016

    AbbVie, Others Escape Some Testosterone Therapy Claims

    An Illinois federal judge on Thursday tossed most of a putative class action accusing AbbVie Inc. and other pharmaceutical companies of causing health insurers to pay for medically unnecessary uses of testosterone replacement therapy drugs via fraudulent marketing, but allowed the deficient claims to be amended.

  • February 4, 2016

    Medicare's Biosimilar Pay Policy Draws Congressional Fire

    Lawmakers on Thursday trained bipartisan fire on plans to cut Medicare’s costs for biosimilars, questioning whether it will discourage development of the copycat medicines.

  • February 4, 2016

    ACA Sign-Ups Near 13M As Annual Enrollment Ends

    Almost 13 million people purchased health insurance through Affordable Care Act marketplaces by the time enrollment ended in recent days, a nearly 10 percent gain from last year, the Obama administration said Thursday.

  • February 4, 2016

    FDA Announces Review Of Opioid Policies

    With senators blocking Dr. Robert M. Califf’s appointment to lead the U.S. Food and Drug Administration over his ties to Big Pharma and the agency’s perceived lack of commitment to dealing with opioid painkillers, the FDA announced Thursday that it will be reassessing its approach to the class of drugs.

  • February 4, 2016

    Hospital Co. Nabs BALCA Win In Missing Certification Row

    The Board of Alien Labor Certification Appeals handed a major labor certification victory to a Johns Hopkins hospital company on Tuesday after a roughly five-year struggle, finding that an officer’s failure to properly issue the certification was “egregious” and that it should be reissued with new validity dates.

  • February 4, 2016

    Texas Offers Probation To Anti-Abortion Videomaker

    Indicted anti-abortion activist David Daleiden, facing charges that he used a fake ID while recording undercover videos that purported to show Planned Parenthood personnel discussing the sale of fetal body parts, was offered probation by Harris County prosecutors on Thursday.

  • February 4, 2016

    IRS Deduction Denial Beyond Jurisdiction, Pot Dispensary Says

    A Colorado-based marijuana dispensary and two of its owners on Wednesday accused the U.S. Internal Revenue Service of exceeding its authority by denying deductions after determining they had trafficked a controlled substance, according to a complaint filed in Colorado federal court.

  • February 4, 2016

    Cohen & Malad Seeks To Lead Medical Informatics Breach MDL

    Cohen & Malad LLP made a move in Indiana federal court on Wednesday to be named interim lead counsel in multidistrict litigation over a data breach at Medical Informatics Engineering Inc. affecting 3.9 million patients, while Keller Rohrback LLP and Chimicles & Tikellis LLP told the court they should split the job.

Expert Analysis

  • New Insights For ERISA Standards On Benefit Determinations

    Roy W. Breitenbach

    In Josephson v. Oxford, the New York State Supreme Court found that the health plan’s conflict of interest did, indeed, affect certain of the health plan’s benefit determinations. The ruling provides a useful analysis of the Employee Retirement Income Security Act standards involved in determining whether benefit determinations are arbitrary and capricious, say attorneys at Garfunkel Wild PC.

  • Health Care Deal Trends Emerge From JP Morgan 2016

    Amber McGraw Walsh

    After more than 50 structured conversations with health care private equity and investment banking professionals at the recent J.P. Morgan health care conference, we can conclude that there is a deep — almost ubiquitous — interest in finding and structuring the next provider services consolidation, say attorneys with McGuireWoods LLP.

  • FDA's Strategy For Interoperable Medical Device Regulation

    Mark Mansour

    In order to balance the competing priorities of developing new and innovative interoperable medical devices and protecting patient safety and privacy laid out in its recent guidance, the U.S. Food and Drug Administration should conduct a fact-based technical analysis to assess the costs and potential burdens for medical device manufacturers and others in the health information technology marketplace, say attorneys at Mayer Brown LLP.

  • A New Era Of Health Care Privacy And Security Enforcement

    Eric D. Fader

    Although no data breach or privacy violations were alleged, the Federal Trade Commission's involvement in the recent health care matter involving Henry Schein Practice Solutions Inc. may foretell a new era of cooperation by the FTC in cracking down on those in the health care field who are perceived as not taking their obligations to patients seriously enough, says Eric D. Fader of Day Pitney LLP.

  • Unexpected Uncertainty For The 340B Drug Pricing Program

    Alyce Katayama

    The Bipartisan Budget Act of 2015 poses an unexpected threat to the 340B Drug Pricing Program — even though it doesn't even mention the program — as it changes the way new off-campus hospital outpatient departments are paid, which could have a substantial impact on 340B Program child site eligibility. But covered entities shouldn't throw in the towel just yet, say Alyce Katayama and Elizabeth Gebarski at Quarles & Brady LLP.

  • Interest Groups Add New Element To Embryo Custody Battles

    Judith F. Daar

    Legal disputes over frozen embryos have couples fighting for control of their reproductive material. While public interest groups are no stranger to attempted intervention in cases involving the ingredients of human reproduction, a few recent lawsuits are their first foray into the bitter and intimate disputes over embryos between former partners, says Judith Daar, a professor of law at Whittier Law School.

  • More Recovery Limitations After High Court's ERISA Ruling

    JoAnn Dalrymple

    The U.S. Supreme Court's decision in Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan suggests a shift in focus from favoring Employee Retirement Income Security Act plans’ interests to favoring those of the participants. With this decision, plans have one less avenue for pursuing recoveries, say attorneys at Jackson Walker LLP.

  • What To Expect From HHS Inspector General In 2016

    Andrew Crawford

    The U.S. Department of Health and Human Services is focusing on ways to reduce improper payments, prevent fraud and facilitate economical payment policies. Skilled nursing facilities and home health agencies should be aware of a new focus on compliance with the prospective payment system, especially relating to the documentation requirement in support of claims paid by Medicare, say attorneys with Brown Rudnick LLP.

  • In Congress: Republican Messaging, Fiscal Year 2017, Flint

    Richard A. Hertling

    A new challenge to bipartisan, comprehensive energy legislation came last week when several Democratic senators introduced an amendment aimed at providing emergency resources to Flint, Michigan, to address severe contamination from lead in the city’s drinking water, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • DOL Cements Tough Stance On Joint Employment

    Andrea M. Kirshenbaum

    In its newly issued administrator’s interpretation, the U.S. Department of Labor took a decidedly aggressive position on joint employment, and in arguing that joint employer liability may be imposed based solely on “economic dependence,” the DOL has imposed on employers precisely the type of potential liabilities that they sought to eliminate by outsourcing in the first place, say attorneys at Post & Schell PC.