Health

  • March 2, 2015

    High Court Denies Same-Day Release Of ACA Arguments

    C-SPAN on Monday announced that the U.S. Supreme Court has denied its request for a same-day release of its audio recording of Wednesday’s much anticipated oral arguments in King v. Burwell, which will decide the future of Affordable Care Act tax credits.

  • March 2, 2015

    Jury Acquits Fla. Man In 'Medical Necessity' Pot Case

    A Florida man was acquitted Monday on charges related to his growing and using marijuana in the first successful use of the “medical necessity” defense in a jury trial in the state.

  • March 2, 2015

    First Nurse Diagnosed With Ebola Sues Texas Hospital

    A Dallas nurse, who became the first person to contract the Ebola virus in the United States after treating the country's first Ebola patient, filed a suit in Texas court Monday against hospital owner Texas Health Resources, alleging it ignored the dangers of the virus and invaded her privacy.

  • March 2, 2015

    House Passes VA Bonus Clawbacks, Private Long-Term Care

    The U.S. House of Representatives on Monday unanimously passed bills allowing the U.S. Department of Veterans Affairs to enter into private contracts for long-term care of veterans and giving the VA secretary the authority to limit and recoup pay bonuses, in response to last year’s VA health care scandal.

  • March 2, 2015

    2 Mental Health Workers Get 6 Years In $63M Fraud Case

    A Florida federal judge has sentenced two former employees of a defunct Miami mental health care provider to six years each in prison for their roles in a $63 million Medicare and Medicaid fraud and kickback scheme, the Department of Justice announced on Friday. 

  • March 2, 2015

    Attys Predict Supreme Court Will Uphold ACA's Tax Credits

    Most of the attorneys who responded to Law360's offer to predict the U.S. Supreme Court's ruling in King v. Burwell believe that the high court will side with the Obama administration and rule that tax credits should apply to Affordable Care Act subscribers in all states, even those that had insurance exchanges established by the federal government.

  • March 2, 2015

    Ballard Spahr Snags Ex-Las Vegas DA As New Partner

    Ballard Spahr LLP has lured a former Las Vegas chief deputy district attorney who's well-known for his high-profile work in white collar criminal defense, product liability, insurance and health law to become a new partner in its Phoenix office.

  • March 2, 2015

    Judge Axes Nebraska's Same-Sex Marriage Ban

    A Nebraska federal judge on Monday ordered state officials to recognize same-sex marriages and joined a chorus of observers in predicting that the U.S. Supreme Court will soon extend such rights nationwide.

  • March 2, 2015

    Client Sues Texas Firm Over Missed $3M Judgment Payout

    A Mississippi woman who says she missed out on a multimillion-dollar judgment payout from the doctor who previously employed her because her Texas lawyers failed to file a claim in a bankruptcy proceeding sued those lawyers on Monday for malpractice.

  • March 2, 2015

    Billion-Dollar Issues Loom Over Fla. Legislature Session

    The Florida Legislature heads into its 2015 session Tuesday eyeing another projected budget surplus, but several billion-dollar questions on health care, the environment and gambling could crowd the legislative agenda and curtail the governor's proposed hundreds of millions in tax cuts. Here, Law360 looks at items on the lawmakers' radar this session.

  • March 2, 2015

    Healthfirst Skirts NJ Hospital's $30M Medicaid Claims

    A federal judge on Friday dismissed a New Jersey hospital's suit against health care provider Healthfirst Inc. seeking $29.5 million in unpaid Medicaid claims, saying the hospital didn't exhaust available administrative remedies before suing and made common law allegations that are preempted by federal standards.

  • March 2, 2015

    Market Rumors: Wood Mackenzie, Qualitas, Gulf Capital

    Private equity-backed energy analytics group Wood Mackenzie could see a $3 billion valuation in an anticipated London IPO, although a sale is still not off the table, while Malaysian health care group Qualitas is expected to decide this week if it will pursue an IPO or a sale.

  • March 2, 2015

    Ala. Court Says Lesbian's Ex-Partner Has Custody Rights

    An Alabama appellate court ruled Friday that a never-married, same-sex former couple could share custody of three children by granting second-parent status to the estranged partner of the children's biological mother, who objected to her former partner’s parental rights.

  • March 2, 2015

    Kimberly-Clark Can't Duck Surgical Gown Suit, Plaintiff Says

    Kimberly-Clark Corp. improperly minimized testing showing that the gowns don't meet relevant industry standards, the plaintiff in a $500 million proposed class action accusing the company of overstating the gowns' protective qualities argued Friday in California federal court.

  • March 2, 2015

    GOP Says Obama Can't Duck ACA Suit And 'Neuter Congress'

    House Republicans are pressing a D.C. federal judge to reach the merits of their lawsuit challenging implementation of the Affordable Care Act, accusing the Obama administration of trying to “neuter Congress” by raising procedural objections to the complaint.

  • March 2, 2015

    5 Wild Cards At High Court's ACA Arguments

    The U.S. Supreme Court on Wednesday hears oral arguments on the future of Affordable Care Act tax credits, and experts say that justices may tip their hands by focusing on states' rights, worrying about consumers or fixating on a few words in the law. Here are five things to watch in King v. Burwell.

  • March 2, 2015

    Dentist Misused Copyright To Stifle Yelp Reviews: Judge

    A New York federal court handed down a judgment on Friday against dentist Stacy Makhnevich, wrapping up a rare class action case with a ruling that said she misused copyright law in an effort to quash negative Yelp reviews of her practice.

  • March 2, 2015

    ACA Cadillac Tax Could Hit Less Expensive Plans

    The federal government's recent call for comments on the Affordable Care Act's so-called Cadillac tax on high-cost insurance plans signals the start of what attorneys say will be a long and complex regulatory process likely dominated by concerns that the scheme's cost-of-living adjustment could subject less expensive plans to the tax.

  • March 2, 2015

    High Court Won't Hear Wellpoint Premium-Hike Class Action

    The U.S. Supreme Court on Monday declined to hear a proposed class action accusing Wellpoint Inc. of orchestrating an illegal plot to shave unhealthy policyholders from its rolls and force them to reapply for coverage with higher premiums after its 2001 merger with Rightchoice Managed Care Inc.

  • February 27, 2015

    Ex-Hospice Exec. Indicted In Medicare Fraud Scheme

    A federal grand jury on Thursday indicted the former head of a Pittsburgh-area hospice on a count of health care fraud in connection with improper Medicare and Medicaid billings for patients who were not actually terminally ill.

Expert Analysis

  • Something Stinks About EEOC's 'Onionhead' Enforcement

    Christina A. Stoneburner

    The U.S. Equal Employment Opportunity Commission's recent suit against United Health Programs of America Inc. after workers alleged they were forced to say "I love you" to co-workers due to management's belief in a religion called "Onionhead” raises interesting questions about what EEOC and employer communications are permissible to employees, says Christina Stoneburner of Fox Rothschild LLP.

  • Takeaways From High Court's NC Dental Opinion

    Amy Paul

    The U.S. Supreme Court's message in North Carolina State Board of Dental Examiners v. Federal Trade Commission is clear — the actions of active market participants cannot be cloaked as government action merely because a state has established a regulatory board to oversee the industry in which they participate, say attorneys with Ropes & Gray LLP.

  • A Means To Stave Off Medicare Termination

    Helen H. Suh

    In light of a Florida bankruptcy court decision in the case of Bayou Shores SNF LLC, health care entities may attempt to duplicate a strategy that would buy them time to turn around troubled facilities if faced with the crushing financial impact of Medicare and Medicaid termination, say attorneys with McGuireWoods LLP.

  • St. Joseph Demonstrates Challenges For Breach Plaintiffs

    Doug Meal

    A Texas federal court's recent decision in Beverly T. Peters v. St. Joseph Services Corp. highlights the emerging majority view in data security breach cases that the mere heightened risk of future misuse of stolen data is too speculative to create standing for the purposes of Article III, say attorneys with Ropes & Gray LLP.

  • Unmasking Justice Roberts' Umpire Metaphor In ACA Fight

    Robert B. Hoffman

    What is so concerning about King v. Burwell is that an issue of statutory construction regarding the Affordable Care Act has become so politically driven — the fact that, in all likelihood, the split will hew closely to the U.S. Supreme Court’s liberal and conservative blocs on how to interpret a statute is a troubling sign of the times, says Robert Hoffman of Eckert Seamans Cherin & Mellott LLC.

  • Behavioral Health And Other Rumblings From JPMorgan 2015

    Richard S. Grant

    After conversations with numerous health care private equity funds and lenders at the JPMorgan Healthcare Conference, we can report that the behavioral health sector continues to generate a great deal of buzz. In addition to some of the widely reported multifacility large investments, there is much more interest from funds in serial acquisitions of discrete facilities or operations, say attorneys with McGuireWoods LLP.

  • Legal Departments Are Ramping Up Revenue Searches

    Daniel A. Sasse

    Companies today operate under intense cost and competitive pressures. That reality is driving many legal departments to not only defend cases, but to also get involved in recovering money owed to the company through legal action. And as they do so, they are likely to keep casting a wider net, say Daniel Sasse and Deborah Arbabi of Crowell & Moring LLP.

  • Medical Marijuana Cards: A New Scarlet Letter?

    Trish Higgins

    In states where medical or recreational use of marijuana is permissible but with no discrimination protection, employers should be aware that any adverse employment action taken on the basis of marijuana use could be a litigation risk, whether based on a violation of disability laws in those states where courts have not spoken or applicable off-duty conduct laws, say attorneys at Orrick Herrington & Sutcliffe LLP.

  • This Week In Congress: Avoiding A DHS Funding Showdown

    Richard A. Hertling

    One major change in the debate over U.S. Department of Homeland Security funding — which expires this Friday — is that a Texas federal district judge has issued an injunction against the Obama administration’s immigration policy, essentially putting it on hold. This may be an opportunity for the Senate to avoid the policy riders and pass a clean funding bill, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • In-House Counsel's Dirty 'Little' Secret: Data Leakage

    Jennifer Topper

    Not every data breach is a massive headline-grabbing theft of consumer credit card information. As significant as these events may seem, the more dangerous and prevalent threats are the least visible — occurring through "data leakage." Put simply, this is raw meat awaiting a strike by the plaintiff’s bar, says legal industry adviser Jennifer Topper.