Health

  • July 29, 2016

    FTC Seizes Broad Data Security Authority With LabMD Ruling

    The heads of the Federal Trade Commission on Friday took the widely expected step of overturning a judge's dismissal of the commission's data security suit against LabMD and in the process laid out an expansive view of their enforcement authority that throws the door open for the agency to pursue cybersecurity lapses that can't be tied to any concrete harm.

  • July 29, 2016

    Feds Expand Anti-Fraud Bans On Ambulances, Home Health

    The Centers for Medicare and Medicaid Services on Friday extended and expanded a temporary ban on nonemergency ambulance suppliers and home health care agencies in six states, saying the measures were important in its efforts to curb fraud in the federal health care system.

  • July 29, 2016

    3 Miami Residents Sentenced In $40M Medicare Fraud Scheme

    Three Miami residents were sentenced to federal prison and ordered to pay more than $40 million Friday for their roles in what officials described as the Medicare fraud scheme that produced the largest loss to the government in 2015.

  • July 29, 2016

    No Retrial For Doc Convicted In $2M Medicare Fraud Scheme

    A Chicago doctor convicted in a $2 million Medicare fraud scheme does not deserve a new trial, an Illinois federal judge ruled Thursday.

  • July 29, 2016

    Illinois Gov. Signs Pot Decriminalization Bill

    Illinois Gov. Bruce Rauner signed legislation Friday that decriminalizes the possession of small amounts of marijuana in the state, though the bill’s sponsors say the new law’s effects will go much further than simply changing the nature of the crime.

  • July 29, 2016

    Pair Admits To Illegal Money Moves After Meningitis Deaths

    The majority shareholder of the compounding pharmacy linked to a fatal meningitis outbreak and her husband, who owns an affiliated company, pled guilty in Boston federal court Friday to structuring bank account withdrawals to avoid reporting requirements.

  • July 29, 2016

    United Healthcare Sues Cephalon Over Provigil Pay-For-Delay

    United Healthcare Services Inc. on Thursday hit Cephalon Inc. with an antitrust suit claiming that the insurer was forced to pay for the brand name sleep disorder drug Provigil because the drugmaker struck illegal deals to delay generics and lied to the U.S. Patent and Trademark Office.

  • July 29, 2016

    NY Surgeon Convicted On $25M False Claims Charges

    A New York federal jury convicted a surgeon on Thursday on charges that he submitted more than $25 million in false claims to Medicare for surgeries that never happened, according to the U.S. Department of Justice.

  • July 29, 2016

    Health Hires: Cooley, Lowenstein, Foley Grow Life Sci Teams

    Cooley LLP has added two partners and ten patent agents and associates from Morrison & Foerster LLP to boost its life sciences patent practice group, Lowenstein Sandler LLP has snagged a former Novo Nordisk general counsel to lead its U.S. Food and Drug Administration regulatory group and a former Reed Smith LLP litigator has joined Foley & Lardner LLP as a partner.

  • July 29, 2016

    Fla. Says 4 Miami Zika Cases Are First In US Via Mosquito

    With the Florida Department of Health concluding that four cases of Zika virus in South Florida were likely transmitted by mosquitoes near downtown Miami, the governor said Friday that the state will increase testing and spraying and urged community assistance to prevent an outbreak.

  • July 29, 2016

    GAO Wants More VA Transparency On Medical Facility Leases

    Although the U.S. Department of Veterans Affairs cited the flexibility to move as justification in all its 51 proposals for medical facility leases, the VA needs to be more transparent about how it has benefited from this flexibility, according to the U.S. Government Accountability Office.

  • July 29, 2016

    DC Circ. Ends Vietnam Vets' Agent Orange Rule Challenge

    The D.C. Circuit tossed an appeal Friday from Vietnam War Navy veterans, saying federal law bars their challenge to an agency decision blocking health benefits to veterans who served in Vietnam’s territorial waters and were exposed to Agent Orange.

  • July 29, 2016

    Anthem, DOJ Joust Over Trial Timing In $54B Merger Melee

    Anthem Inc. and the U.S. Department of Justice are sparring over how quickly to start an antitrust trial regarding the insurer’s $54 billion merger with Cigna, trading allegations of stonewalling and artificial deadlines.

  • July 29, 2016

    'King Of Nursing Homes' Hits Back On Sentence Enhancement

    A Chicago doctor convicted of steering dozens of elderly nursing-home patients to a particular hospital in exchange for free labor from hospital staff asked an Illinois federal court on Wednesday not to add a “vulnerable victims” enhancement to his sentence, saying other members of the scheme didn’t receive it.

  • July 29, 2016

    FLSA Suit Claims Dallas Hospital Chain Owes Nurses Back Pay

    A Dallas nurse filed a collective action on behalf of as many as 1,000 nurses against Methodist Hospitals of Dallas in Texas federal court Thursday, alleging the hospital system routinely docks nurses’ pay for meal breaks the nurses do not take in violation of the Fair Labor Standards Act.

  • July 29, 2016

    Menendez Must Face Corruption Charges, 3rd Circ. Finds

    The Third Circuit on Friday refused to toss criminal charges alleging U.S. Sen. Bob Menendez, D-N.J., unlawfully assisted a Florida eye doctor in exchange for gifts and political contributions, rejecting the senator’s arguments that the indictment against him improperly relies on constitutionally protected legislative acts.

  • July 29, 2016

    FTC Revives LabMD Data Leak Suit, Finds Consumer Harm

    The heads of the Federal Trade Commission on Friday overturned a judge's decision to nix the commission's action accusing LabMD of maintaining lax data security, concluding that the lab's failure to employ "basic precautions" led to an unauthorized disclosure of sensitive medical data that caused "substantial" harm to consumers.

  • July 28, 2016

    Nurse Asks High Court To Review Fla. Workers' Comp Law

    A former Hialeah Hospital nurse is urging the U.S. Supreme Court to take up his challenge to Florida's workers' compensation law, arguing that its erosion of workers' benefits does not stand up to constitutional scrutiny.

  • July 28, 2016

    Millennium Fights $5M HIPAA Coverage Loss At 9th Circ.

    Millennium Laboratories on Thursday urged the Ninth Circuit to undo a California federal judge’s decision to let its insurer off the hook for $5 million in coverage of a federal Health Insurance Portability and Accountability Act investigation, saying the ruling essentially rendered its policy meaningless and conflicted with California law.

  • July 28, 2016

    FDA Urges South Fla. Blood Donation Pause Due To Zika Fears

    With Florida investigating four possible cases on nontravel-related cases of Zika virus in Miami-Dade and Broward counties, the U.S. Food and Drug Administration on Wednesday requested that blood organizations suspend collections in the two counties until they implement testing of all donations.

Expert Analysis

  • Inside The HHS Guidance On Ransomware

    Joanna Bergmann

    Recent guidance from the U.S. Department of Health and Human Services should serve as an indicator of the growing frequency and severity of ransomware attacks in the health care space. Many covered entities and business associates, even those adept at handling small-scale Health Insurance Portability and Accountability Act breaches, may be unprepared for a significant ransomware attack, say attorneys with Ropes & Gray LLP.

  • Prevent Litigation From Becoming A Threat To Data Security

    Dante Stella

    Recent headline-grabbing data security incidents have shed light both on direct and collateral impacts to companies and their employees. Attorneys should take steps to ensure that their role in the conduct of litigation does not in itself lead to similarly damaging disclosures of sensitive information, say Dante Stella and Sherrie Farrell of Dykema Gossett PLLC.

  • What To Know About NY's New Cooling Tower Regulations

    Jean H. McCreary

    As a response to a 2015 legionellosis outbreak in the Bronx, New York's recently finalized cooling tower regulations include broad definitions of what qualifies as a covered cooling tower and who may be deemed an owner, and additional requirements for hospitals and residential health care facilities, say Libby Ford and Jean McCreary at Nixon Peabody LLP.

  • OPINION: Our Juries Are Being Circumvented

    Suja A. Thomas.jpg

    The Freddie Gray case and the U.S. Supreme Court ruling regarding former Virginia Governor Robert McDonnell demonstrate how the government replaces juries, eliminating an important community decision maker and a check on governmental power, says Professor Suja Thomas of the University of Illinois College of Law.

  • The Internet Of Health Things: Privacy And Security Issues

    Kimberly C. Metzger

    While "internet of health things" devices share many privacy and security concerns with their smart kin, other issues are heightened by — or unique to — the health care environment and the sensitive nature of health data, says Kimberly Metzger at Ice Miller LLP.

  • Legal Aid, Meet Legal Tech

    IMG_0023.JPG

    Because there will never be enough free lawyers to satisfy demand from low-income Americans, we need to leverage technology to allow the legal expertise of one lawyer to reach hundreds or thousands of clients at once, say Jonathan Petts and Rohan Pavuluri, co-founders of startup nonprofit Upsolve.

  • Common Mistakes Employers Of Calif. Domestic Workers Make

    Scott Liner

    Despite the fact that it has been over two years since California's Domestic Workers Bill of Rights was enacted, many household employers are still unaware of their employment obligations and the associated risks. As a result, there are a growing number of claims and lawsuits alleging substantial amounts of unpaid wages and owed penalties, say Scott Liner and Tiffany Caterina at Liner LLP.

  • Testing The UBE: Portable But Inaccurate Bar Exam Scores

    Suzanne Darrow-Kleinhaus

    While there is not much that is new about the uniform bar exam’s components, what is new is that where you take the bar exam may make the difference between passing and failing. Half of the score depends on the strength of the applicant pool in the jurisdiction where the candidate wrote the exam, which may lead to “UBE shopping,” says Suzanne Darrow-Kleinhaus, director of bar programs at Touro Law Center.

  • Benefiting From FDA's Medical Device Risk-Benefit Guidance

    Daniel S. Wittenberg

    Medical device manufacturers should understand the U.S. Food and Drug Administration's considerations for benefit-risk assessments so they can advocate for favorable FDA decisions by using the enumerated factors to illustrate the high benefits and low risks of the company’s device, say Dan Wittenberg and Tim Scalo at Snell & Wilmer LLP.

  • Testing The UBE: Missouri Benefits From Uniform Bar Exam

    Jim Nowogrocki

    We in Missouri do not take lightly to new trends or frothy ideas. Yet, the uniform bar exam has allowed us to meet the challenges of an increasingly mobile legal profession and the changing needs of clients, and to ensure that a newly admitted attorney has the knowledge, character and fitness to practice in the Show-Me State, says Jim Nowogrocki, president of the Board of Law Examiners in Missouri — the first state to adopt the UBE.