Health

  • October 22, 2014

    DaVita Finalizes $389M Settlement Over Kickback Claims

    Dialysis giant DaVita HealthCare Partners Inc. has finalized a deal in which it will pay $389 million and unwind 11 joint ventures to resolve criminal and civil claims by a whistleblower that it provided kickbacks to kidney doctors, DaVita and the U.S. Department of Justice 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.

  • October 22, 2014

    Nonprofit Execs Indicted On Insurance Fraud, Bribery Charges

    The top two executives at a New York City substance abuse treatment nonprofit were indicted Wednesday over alleged insurance fraud and kickback schemes that prosecutors say lined the pockets of the father-and-son duo and allowed them to fuel a lavish lifestyle.

  • October 22, 2014

    Antitrust Group Urges Rejection Of Mass. AG's Hospital Deal

    The American Antitrust Institute once again urged a Massachusetts judge on Tuesday to reject the state attorney general’s agreement allowing Partners Healthcare System to acquire two health systems, arguing that an amended consent decree still falls short of showing why the acquisitions are in the public interest.

  • October 22, 2014

    Seyfarth Nabs Ex-Hunton & Williams Health, Nonprofit Pros

    Seyfarth Shaw LLP has hired a pair of former Hunton & Williams LLP corporate attorneys who are experts in representing tax-exempt organizations to join its Los Angeles offices as partners, the firm announced Wednesday.

  • October 22, 2014

    Whistleblower Gets Omnicare Defense Pared In FCA Suit

    A Texas federal judge on Tuesday trimmed away one of Omnicare Inc.’s defenses in a long-running False Claims Act suit, finding that the nursing home pharmacy can’t dodge kickback allegations just because a whistleblower may have also been involved in misconduct.

  • October 21, 2014

    Ex-CEO of NJ Drug Dispensary Indicted For Tax Evasion

    The former CEO of a New Jersey pharmacy dispensing company was indicted on Tuesday by a federal grand jury for allegedly filing falsified income tax returns to conceal stock earnings, settlements and disbursements of company funds.

  • October 21, 2014

    Walgreen Can't Nix OTC Drug Privacy Claims In Meth Row

    A Louisiana federal judge on Tuesday refused to dismiss Walgreen Louisiana Co. Inc. and others from a suit alleging they violated the privacy rights of two individuals convicted of trying to make methamphetamine when authorities used a database to track their purchases of over-the-counter cold medicines.

  • October 21, 2014

    Griffin-American Puts Up $135M For Medical Office Portfolio

    California-based Griffin-American Healthcare REIT III Inc. said Tuesday it will pay $135 million for five medical office buildings in New York, New Jersey, Massachusetts and Kentucky, in a move intended to bolster the real estate investment trust’s health care holdings in growing urban markets.

  • October 21, 2014

    3 Things RE Attys Need To Know About Acute Care Facilities

    An uptick in development and leasing of post-acute health care facilities across the nation means real estate lawyers who work on such deals must get up to speed on regulatory and licensing matters that don’t typically accompany their traditional commercial real estate transactions. Here, Law360 looks at three aspects of post-acute care facility transactions real estate lawyers need to keep in mind as they help their clients navigate such deals.

  • October 21, 2014

    Deals Rumor Mill: Actavis, Siemens, Yahoo

    Actavis is one of multiple companies interested in buying Omega Pharma, which would be worth up to $5.1 billion, while Siemens is on the verge of divesting its hearing-aid business in a deal that could net the German engineering titan upwards of $2.6 billion.

  • October 21, 2014

    Hunter Labs Can't Dodge Contract Suit Over $6.3M FCA Share

    Hunter Laboratories LLC on Monday couldn't dodge a contract suit brought by partners in a litigation sharing deal who were allegedly denied their share of proceeds from a $241 million False Claims Act recovery, with a New Jersey federal judge ruling his court is a proper venue.

  • October 21, 2014

    Senate Shake-Up Would Breathe New Life Into ACA Battles

    An increasingly likely Republican takeover of the U.S. Senate in next month's midterm elections would almost certainly lead to new showdowns over controversial Affordable Care Act provisions, such as the employer mandate and the medical device tax, as incoming senators try to turn campaign rhetoric into reality.

  • October 21, 2014

    US Boosts Ebola Response With Travel Rules, CDC Guidance

    The U.S. on Tuesday stepped up its response to Ebola in an attempt to stop it from spreading inside the nation’s borders, funneling all passengers from three West African countries to five U.S. airports and expanding Centers for Disease Control guidance for nurses helping infected people.

  • October 21, 2014

    NZ Health Care Software Co. Plans IPO After Years Of Rumors

    Orion Health Group Ltd. is seeking to raise between $120 million and $150 million in an initial public offering that is expected to take place by the end of next month, the New Zealand-based health care software maker said Tuesday.

  • October 21, 2014

    Highmark Loses Bid To Ax Pa.'s Challenge To Medicare Plan

    A federal judge ruled Tuesday that he could not intervene to stop Pennsylvania officials from pursuing litigation in state court aimed at blocking Highmark Inc. from offering a Medicare Advantage plan that allegedly violates an agreement defining the insurer’s relationship with University of Pittsburgh Medical Center.

  • October 21, 2014

    Squire Patton Boggs Snags Infrastructure Pro In London

    Squire Patton Boggs has recruited a Nabarro LLP partner, with expertise in infrastructure and projects in health, energy and other industries, and two associates to bolster its expanding global projects group and real estate practice in London, the firm announced recently.

  • October 21, 2014

    US Asks 5th Circ. To Deny UT Bid To Rehear Tax Refund Suit

    The U.S. government recently said the Fifth Circuit correctly determined earlier this year that the University of Texas did not qualify for an $11 million refund for Federal Insurance Contributions Act taxes against its medical residents and the court should deny the university's request for a rehearing.

  • October 21, 2014

    DLA Piper Preps Health Care Exchange Software Co.'s IPO

    Connecture Inc., a software developer for health insurance exchanges, launched plans Tuesday for an initial public offering aided by DLA Piper, betting on its ability to meet the growing need for efficient and user-friendly software for public and private exchanges as the U.S. health care system continues to evolve.

Expert Analysis

  • 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.

  • 5 Ways Employers Can Fight Ebola

    Sloane Ackerman

    Most employers in the U.S. will be prepared for the current Ebola outbreak after taking a few steps, including educating employees and ensuring emergency preparedness, says Sloane Ackerman of O'Melveny & Myers LLP.

  • High Court Continues To Examine State Action Immunity

    Dionne Lomax

    The U.S. Supreme Court recently heard oral arguments in North Carolina State Board of Dental Examiners v. Federal Trade Commission — the second time in two years that the court has considered the state action doctrine. The decision could have broad implications for the structure and operation of state professional review boards and associations, says Dionne Lomax of Mintz Levin Cohn Ferris Glovsky and Popeo PC.