Health

  • March 31, 2015

    Fla. Senate Panel Backs Changes To Medical Marijuana Law

    The Florida Senate took action on the medical marijuana controversy Tuesday, with the Health Policy Committee unanimously advancing a bill to accelerate the implementation of legislation passed last year and expand the illnesses it covers.

  • March 31, 2015

    DOJ Urges Judge To Allow FMLA Same-Sex Rule Change

    The U.S. Department of Justice on Tuesday urged a Texas federal judge to reconsider his order temporarily blocking the U.S. Department of Labor from enacting a new rule under the Family and Medical Leave Act that would extend protections to same-sex couples.

  • March 31, 2015

    FTC Commish Says High Court Win Won't Burden State Boards

    The Federal Trade Commission's recent U.S. Supreme Court victory over North Carolina's dental board in a dispute over state action antitrust immunity doesn't create any "terribly onerous" requirements for boards to meet to avoid liability, Commissioner Maureen Ohlhausen said Tuesday.

  • March 31, 2015

    Ohio Health System Pays $10M To Settle FCA Allegations

    Ohio-based Robinson Health System Inc. will pay $10 million to settle allegations it violated the False Claims Act and anti-kickback laws through improper financial relationships with referring doctors, the U.S. Department of Justice announced Tuesday.

  • March 31, 2015

    All Eyes On Feds After High Court Blocks Medicaid Suits

    The U.S. Supreme Court’s ruling on Tuesday that private parties can’t sue over Medicaid reimbursement means that more doctors may exit the program and shifts attention to federal regulators tasked with ensuring that rates remain sufficient, lawyers say.

  • March 31, 2015

    Hospital Data Breach Invites FCRA Claims, 7th Circ. Told

    The Seventh Circuit on Tuesday was asked to revive a proposed class action accusing Advocate Health and Hospitals Corp. of violating the Fair Credit Reporting Act by failing to safeguard health data stolen from its offices, with the plaintiffs claiming that the law’s reach can extend beyond consumer reporting agencies to hospitals.

  • March 31, 2015

    NJ Appeals Court Backs State's New PIP Rules

    The New Jersey Appellate Division upheld regulatory changes to how personal injury protection benefits under auto insurance policies are handled, ruling Tuesday that the regulations do not represent an abuse of discretion and are within the state insurance agency's purview.

  • March 31, 2015

    5th Circ. OKs Health Exec’s Conviction In $100M Bribes Case

    A former health insurance executive convicted for providing kickbacks to government officials to secure roughly $100 million in contracts lost an appeal on Monday before the Fifth Circuit, which ruled his lawyer's representation of a co-defendant in the scheme did not prove a conflict of interest. 

  • March 31, 2015

    Aetna Ignoring Key Claims In $120M Kickback Suit, Court Told

    A Houston-area hospital on Monday labeled as “lackluster” Aetna Life Insurance Co.’s response to claims that it is judge-shopping in a $120 million lawsuit over alleged kickbacks and exorbitant billing, telling a Texas federal court that Aetna essentially ignored the bulk of the hospital’s claims. 

  • March 31, 2015

    Medicaid Contractors Slam Louisiana AG’s Fraud Suit

    Medicaid contractors Unisys Corp. and Molina Healthcare Inc. have fired off a salvo in their bid to dodge claims that the companies overcharged Louisiana’s Medicaid system for drug reimbursements, telling a federal court that the state’s lawsuit lacks evidence, timeliness and standing.

  • March 31, 2015

    Providers Can't Sue Over Medicaid Rates, High Court Rules

    The U.S. Supreme Court on Tuesday overturned a Ninth Circuit ruling that allowed health care providers to sue over Medicaid reimbursement rates, finding no private right to bring such challenges.

  • March 30, 2015

    Med Mal Arbitration Rule Waives Consumer Rights, Attys Say

    The Texas chapters of the American Board of Trial Advocates on Friday told the state Supreme Court that allowing the Federal Arbitration Act to preempt state malpractice law secretly takes away a patient's right to a jury trial, urging the court to reconsider its decision that the state law isn’t an insurance law shielded from the act.

  • March 30, 2015

    11th Circ. Affirms 20-Year Sentence For $7M Medicare Fraud

    The Eleventh Circuit on Monday affirmed the 20-year prison sentence for the owner of a Miami home health care business accused of $7 million in Medicare fraud, ruling she had ample opportunity to defend herself and her sentence fell well within federal guidelines. 

  • March 30, 2015

    The 2015 Rising Stars, By Firm

    Law360's Rising Stars recognizes attorneys under 40 who have demonstrated outstanding career accomplishments. This year, King & Spalding LLP and Sidley Austin LLP led the pack with seven Rising Stars each, followed by Gibson Dunn and Sullivan & Cromwell LLP with six Rising Stars each, and Jones Day and Kirkland & Ellis LLP with five Rising Stars apiece.

  • March 30, 2015

    Justices Told To Defer To Voters On Same-Sex Marriage Bans

    Four states looking to keep in place bans on same-sex marriage told the U.S. Supreme Court on Friday that it should be up to their voters to define marriage, not the federal judiciary.

  • March 30, 2015

    St. Luke's Asks 9th Circ. To Rehear FTC Merger Challenge

    St. Luke’s Health System Ltd. has asked the full Ninth Circuit to reconsider siding with the Federal Trade Commission and forcing it to divest a local physician practice group, arguing that the panel should have weighed the deal's benefits for patient care against any alleged anticompetitive effects.

  • March 30, 2015

    Dioceses Seek Another Birth Control Showdown In 3rd Circ.

    A pair of Pennsylvania dioceses and affiliated nonprofits are asking the Third Circuit to reconsider requiring them to comply with the Affordable Care Act’s contraceptive coverage mandate, saying the court misunderstood the Catholic faith when ruling that merely waiving participation in the program wasn’t a substantial burden on their religious beliefs.

  • March 30, 2015

    Calif. Surgery Centers Say Aetna Staged Boycott Of Services

    Bay Area Surgical Management LLC and other ambulatory surgical centers sued Aetna Life Insurance Co., United Healthcare Services Inc. and rival companies affiliated with the insurers in California federal court Friday, alleging an anti-competitive conspiracy to crush the plaintiffs' businesses.

  • March 30, 2015

    TTIP Won't Touch Data Laws, Public Services, EU Says

    The European Union on Monday moved to assuage concerns about the scope of the ongoing Transatlantic Trade and Investment Partnership talks with the U.S., vowing that a final deal will not alter the government's data laws or its ability to provide public services such as health care and education.

  • March 30, 2015

    NJ High Court Leaves Alone New-Immigrant Health Care Ban

    The New Jersey Supreme Court refused Monday to second-guess an appellate court's ruling that the state’s exclusion of recent, legal immigrants from state health care programs is constitutional.

Expert Analysis

  • Ethics In The Tech Age: What Every Lawyer Should Consider

    J.S. “Chris” Christie Jr.

    In light of recent changes to the ABA Model Rules of Professional Conduct, what are a lawyer’s ethical duties arising from new technology? And what should a lawyer know about this technology? Bradley Arant Boult Cummings LLP partner J.S. “Chris” Christie Jr. offers an in-depth assessment of what every lawyer should consider in 2015.

  • Unveiling Hidden Risks In The Medi-Spa Industry

    Mariana D. Bravo

    By providing moderately invasive procedures, medi-spas can become vulnerable to liability exposure arising from the risks and potential complications associated with these services. The informed medi-spa staff and its clientele, however, can minimize this risk by addressing some common misperceptions, say Mariana Bravo and Erin Hendrixson of Carr Maloney PC.

  • Don’t Skip The Air Emission Credits In M&A

    Michael Scott Feeley

    One issue that all too frequently gets lost in the shuffle during the diligence and purchase agreement negotiation process is the evaluation of whether air emission credits are necessary to run the business, and if so, how these credits will be treated in the deal documents, say Michael Scott Feeley and Aron Potash of Latham & Watkins LLP.

  • Following The FCA's Public Disclosure Bar

    Lori L. Pines

    Although further clarification is needed, courts appear to be leaning toward interpreting the Affordable Care Act's amendments to the False Claims Act's public disclosure bar as a nonjurisdictional defense. Litigants in FCA cases must therefore be prepared for corresponding changes in motion practice, timing and overall burdens, say Lori Pines and Shireen Nasir at Weil Gotshal & Manges LLP.

  • Mediation And The Thorny Issue Of Settlement Authority

    Douglas H. Flaum

    Many mediation orders state that attendees must have “full settlement authority” without providing clarity as to what that term actually means. Attendance by just outside counsel or a corporate spokesperson is not enough, even if someone else with full settlement authority is just a phone call or keystroke away, say Douglas Flaum and Kevin Broughel of Paul Hastings LLP.

  • This Week In Congress: A Few Hearings Outside Of DC

    Richard Hertling

    The statutory deadline by which Congress must pass a budget is April 15, which means the House and Senate must work quickly to iron out the differences between their two proposals when they return to Washington in two weeks. A significant issue of disagreement will be between the defense and deficit hawks over military funding, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Whistleblower Policies Could Create Contractual Rights

    Matthew S. Stiff

    After Leyden v. American Accreditation Healthcare Commission, employers might begin to reconsider their longtime affection for internal policies that profess a company’s commitment to protecting whistleblowers from retaliation, say Matthew Stiff and Debra Katz of Katz Marshall & Banks LLP.

  • What Experts Can Say About Inadmissible Facts During Trial

    Jason McDonell

    For reliance material that is not admitted on the stand, consider bolstering the testimony by having the expert describe the evidence generally, but in a way that signals to the jury that the expert has a strong foundation of supporting facts and data. If done well, such testimony can open the door to admitting the evidence, say Jason McDonell and Heather Fugitt of Jones Day.

  • 5 Key Privacy Considerations For All Companies

    Adam Solander

    Privacy and security are closely intertwined, but securing information from outside intrusion may not provide the privacy protections you need, say Adam Solander and Patricia Wagner of Epstein Becker & Green PC.

  • What Investors Can Learn From States' Health Initiatives

    Geoff C. Cockrell

    The Centers for Medicare and Medicaid Services’ Innovation Center has granted states more than $960 million for health care systems and delivery development through its State Innovation Models Initiative. A health care funding program of this magnitude provides private investors with valuable information and cues for future investment, say attorneys with McGuireWoods LLP.