Health

  • October 24, 2014

    NY, NJ To Quarantine Air Travelers, Doctors Over Ebola Fears

    New York Gov. Andrew Cuomo and New Jersey Gov. Chris Christie, amid fresh Ebola virus concerns, on Friday ordered mandatory 21-day quarantines for all arriving airplane passengers who had direct contact with Ebola patients in Liberia, Sierra Leone or Guinea.

  • October 24, 2014

    Judge Buries Suit Over Va. Medical Certificate Of Need Law

    A Virginia federal judge on Thursday ruled that Virginia’s requirement that new medical service providers receive a certificate of public need before being allowed to do business in the state doesn’t discriminate against interstate commerce, granting summary judgment to state health officials.

  • October 24, 2014

    Liberty Medical Strikes Deal Trimming $160M Medicare Claim

    Bankrupt diabetes testing supply company Liberty Medical Supply Inc. on Friday agreed to settle a $160 million claim lodged by the Centers for Medicare and Medicaid Services for alleged overpayments, reaching a deal that will pay the agency nearly $32 million.

  • October 24, 2014

    Texas Hospital Overhauls ER Screening After Ebola Failings

    Texas Health Presbyterian Hospital Dallas, whose mistakes dealing with the first Ebola patient diagnosed in the U.S. called attention to a lack of readiness among health care providers, on Friday announced a raft of reforms aimed at averting additional lapses involving the deadly disease.

  • October 24, 2014

    Fighting Ebola At Source Will Protect US, Congress Hears

    Health care regulators and providers faced sharp questioning Friday on Capitol Hill about their ability to cope with Ebola patients, even as experts stressed that the best way to protect Americans is by battling the virus at its source in West Africa.

  • October 24, 2014

    Blue Cross Rips Honigman's 'Dual Role' In Antitrust Suit

    Blue Cross Blue Shield of Michigan said Thursday that Honigman Miller Schwartz & Cohn LLP should be disqualified from representing three health insurers in a suit alleging Blue Cross violated antitrust laws in its contracts with hospitals, saying the firm took on “overlapping and conflicting” roles.

  • October 24, 2014

    Kan. Justices Rule Broker's Omissions Can't Block Coverage

    The Kansas Supreme Court ruled Friday than an insurance broker acted as an agent when he submitted an application omitting key elements of an applicant’s medical history, finding an insurance company couldn’t later deny medically necessary treatment on the basis of failing to disclose a pre-existing condition.

  • October 24, 2014

    GAO Denies Protest Over $559M Lockheed CMS Contract

    The U.S. Government Accountability Office on Friday denied a bid protest by Companion Data Services LLC that challenged a $559 million Lockheed Martin Services Inc. contract to deliver information technology services to the Center for Medicare & Medicaid Services, finding CMS reasonably evaluated its proposal.

  • October 24, 2014

    FCA Whistleblower Wants Humana Suit Restrictions Lifted

    A whistleblower accusing Humana Inc. of Medicare Advantage fraud urged a Florida federal judge to reconsider his order dismissing her False Claims Act suit, claiming her latest amended complaint contains enough detail to allege a widespread case of fraud.

  • October 24, 2014

    Pa. Justices Take Up Medicaid Subcontractor Pay Release Suit

    The Pennsylvania Supreme Court on Thursday agreed to consider whether a state provision protecting trade secrets protects Medicaid managed care organizations from publicly disclosing the amount of money it pays to subcontractors.

  • October 23, 2014

    Health Software Co. Escapes Class Claim Via 'Safe Harbor'

    A California federal judge this week tossed a shareholder class action against a health records software provider and its high-ranking directors and officers after finding that their optimistic projections about the future of electronic medical records fell under the safe harbor provision of the Private Securities Litigation Reform Act.

  • October 23, 2014

    Walgreen Workers' Attys Blasted For 'Form Declarations'

    The California Court of Appeal refused Thursday to revive a putative class action accusing The Walgreen Co. of not giving employees meal breaks, after dozens of witnesses recanted mostly identical declarations overseen by the plaintiff's lawyers, raising questions about how the documents were prepared.

  • October 23, 2014

    Florida Hospitals Face FCA Suit Over Kickback Scheme

    A whistleblower complaint unsealed in Florida federal court on Wednesday alleges that the H. Lee Moffitt Cancer Center and Research Hospital Inc. and the Zephyrhills Health & Rehab Center nursing home filed false claims to defraud federal health care programs.

  • October 23, 2014

    Phoebe Putney Seeks Stay Of FTC Merger Fight

    Phoebe Putney Health System Inc. has asked the Federal Trade Commission to put a hold on its efforts to force the Georgia hospital to divest a recently acquired unit after state officials indicated that certificate of need requirements might thwart the sale.

  • October 23, 2014

    Middlefield Group of Canada Launches $155M Health Fund IPO

    Canadian investment manager Middlefield Group said Thursday it raised $155 million through an initial public offering for its newest mutual fund targeting dividend-paying health care companies, tapping into one of the year's hottest sectors.

  • October 23, 2014

    IRS Must Better Guard ACA Exchange Info, Watchdog Says

    Federal tax information for health insurance applicants that the IRS discloses to Affordable Care Act exchanges needs to be better protected, a U.S. Department of the Treasury watchdog said in a report made public Thursday.

  • October 23, 2014

    HHS Announces $840M ACA Care Transformation Initiative

    The U.S. Department of Health and Human Services on Thursday announced an up to $840 million Affordable Care Act grant program to assist health care providers to “rethink and redesign” their practices toward outcome-based care, saying the initiative should both improve patient care and lower costs.

  • October 22, 2014

    DaVita Finalizes $400M Settlement Over Kickback Claims

    Dialysis giant DaVita HealthCare Partners Inc. has finalized a record deal in which it will pay more than $400 million and unwind 11 joint ventures to resolve claims by a whistleblower that it provided kickbacks to kidney doctors, Phillips & Cohen LLP, which brought the suit, said Wednesday.

  • October 22, 2014

    Hooper Lundy Nabs Greenberg Traurig Vet For Health Practice

    Hooper Lundy & Bookman PC has lured a longtime Greenberg Traurig attorney to its Washington, D.C., office to guide health care providers through deals and lawsuits that implicate the False Claims Act, Anti-Kickback Statute and Stark Law, the firm announced Wednesday.

  • October 22, 2014

    AMA Sounds Alarm As Medicare Penalties Mount

    The American Medical Association on Tuesday voiced deep frustration with Medicare’s ever-growing list of quality initiatives and penalties, warning that doctors and regulators cannot manage a “tsunami of rules and policies” that has emerged in recent years.

Expert Analysis

  • A Different Kind Of Hospitality Opportunity In China

    Ian K. Lewis

    Entire populations are considering health care and “senior living” options, affecting government policy and opening up new opportunities for industry investors in branded residences of a different kind. Hotel operators that have medical tourism experience may find considerable scope for expansion in China, says Ian Lewis of Mayer Brown LLP.

  • 5 Issues For Employers To Consider When Shaping Benefits

    Michelle Capezza

    In light of recent legal developments, most notably passage of the Affordable Care Act, and ongoing national issues, such as America's looming retirement crisis, corporate employers will continue to face incredible challenges to their offered health and benefit plans, says Michelle Capezza of Epstein Becker & Green PC.

  • New Calif. Data Breach Rules Bring Obligations And Debate

    Ellen Giblin

    The new law regarding the California breach notification requirement related to identity theft prevention and mitigation services has already spurred debate on two issues, say attorneys with Edwards Wildman Palmer LLC.

  • OIG Remains Focused On Pharmaceutical Copayment Coupons

    Eve M. Brunts

    A report and special advisory bulletin from the U.S. Department of Health and Human Services' Office of Inspector General are the latest examples of ongoing scrutiny and challenges involving copayment coupons offered by pharmaceutical manufacturers, say Eve Brunts and Smita Singh of Ropes & Gray LLP.

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • A Ban On Ban-The-Box?

    Natasha B. Dorsey

    In a regulatory landscape of ban-the-box laws and increased EEOC scrutiny of criminal history questions during the hiring process, employers in industries such as health care and finance are often put in the position of acting unlawfully because they are required to conduct background checks for certain positions. The Certainty in Enforcement Act could clarify things, but it also leaves the door open for trouble, says Natasha Dorse... (continued)

  • The Impact Of Boilermakers Continues To Be Felt

    Celia Taylor

    Relying on and further strengthening the import of Boilermakers Local 154 Retirement Fund v. Chevron Corp., a recent decision in a shareholder suit involving Chemed Corp. shows the power of boards to have their say as to where intracorporate litigation will take place and who will pay for it, says Celia Taylor of Sturm College of Law at the University of Denver.

  • Summary Judgment Is No Dress Rehearsal

    Patricia St. Peter

    UnitedHealth Group Inc. v. Columbia Casualty Co. is a blunt reminder that the failure to prove up one’s case with actual evidence at the summary judgment phase can have serious consequences. It's also instructive on the types of proof an insured may rely on to prove allocation between covered and uncovered claims in a multiclaim settlement, say Patricia St. Peter and Kaisa Adams of Zelle Hofmann Voelbel & Mason LLP.

  • What Litigators Can Learn From Novelists

    Michael H. Rubin

    Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.

  • Start To Think About Entering China's Health Care Market

    Tim Stratford

    After the news this past July that German hospital operator Artemed had signed a framework agreement to establish the first wholly foreign-owned hospital in the Shanghai Pilot Free Trade Zone, foreign investors anxious for an opening into China’s tightly regulated health care sector may have further reason for optimism, say attorneys with Covington & Burling LLP.