A Chicago federal judge ruled Tuesday that it was “highly improper” for Amedisys Illinois LLC to have sent self-executing arbitration agreements barring class actions to workers who could potentially join overtime litigation against the home health care provider, calling the company's tactics “abusive.”
The reorganized Rotech Healthcare Inc. in Delaware bankruptcy court Tuesday filed an objection to Baker & McKenzie LLP's request for more than $1 million in fees, saying the firm hadn't provided the estate with any value during the bankruptcy proceedings.
The University of Pittsburgh Medical Center asked a Pennsylvania state court Monday to throw out the city of Pittsburgh's suit seeking to end its status as a tax-free charity, arguing that it does not have any employees.
Buffalo, N.Y.'s Roswell Park Cancer Institute has landed $6.3 million through the federal New Markets Tax Credit Program to build a 142,000-square-foot clinical sciences center to handle patient care and research, which it expects to pump the local economy with hundreds of new jobs, it said Tuesday.
The U.S. Senate passed a $1.5 billion measure Tuesday reauthorizing Medicare payments for graduate medical education at freestanding children’s hospitals for five years and opening up funding to psychiatric institutions for the first time.
Private equity-owned Physiotherapy Holdings Inc. entered Chapter 11 in Delaware bankruptcy court on Tuesday, armed with a prepackaged reorganization plan designed to help the network of physical therapy centers shed roughly $231 million in debt.
A Pennsylvania appeals court denied two online commenters’ attempts to keep their identities secret from an AmerisourceBergen Corp. executive whom they had impersonated in a 2011 post on Barrons.com, ruling Friday that it did not have jurisdiction to review the lower court’s decision in favor of the pharmaceutical distributor.
The U.S. Supreme Court on Tuesday refused to hear Oklahoma’s appeal seeking to reinstate an informed-consent law forcing abortion providers to perform ultrasounds and describe the fetus to patients, letting stand a ruling that the law violated the state constitution.
The Internal Revenue Service should expect to deal with serious issues surrounding taxpayer data security, Affordable Care Act compliance and severe manpower shortages due to expected IRS executive retirements, according to an IRS watchdog report released Tuesday.
A string of recent court rulings could seriously hobble class actions accusing insurers of stiffing customers on employer-provided health benefits, as judges increasingly block lawsuits against companies that make coverage decisions unless they’re officially in charge of plan administration.
Unionization efforts across a vast swath of New York jumped sharply in 2012, according to a new study by Bond Schoeneck & King PLLC, and while the reasons weren't crystal clear, the employer-side firm said the jump showed businesses must practice sound labor relations, especially in the health care sector, where labor was most active.
The Internal Revenue Service on Wednesday will hand a victory to mental health awareness advocates when it publishes rules on the treatment of mental health care under the Affordable Care Act.
Epstein Becker Green PC on Monday announced that it has bolstered its health care and life sciences and corporate services practices by adding a former Much Shelist PC intellectual property and technology practice head.
The U.S. Department of Health and Human Services' inspector general on Tuesday warned an anesthesia provider against completing a proposed contract with a psychiatry practice, saying it may constitute kickbacks and result in penalties.
The U.S. Supreme Court on Tuesday declined to take up a petition from a pair of unpaid interns who claimed they were performing essential work duties as part of a program to earn administrative degrees and should therefore be compensated as employees under the Fair Labor Standards Act.
A federal judge upheld a New Jersey law prohibiting licensed counselors from treating minors with "conversion therapy" to change their sexual orientation, saying Friday that the ban doesn't violate therapists' freedom of speech or religion.
The Seventh Circuit on Friday found that two separate for-profit companies and their owners can invoke the Religious Freedom Restoration Act to protect them from having to pay for health insurance that provides employees with access to contraception.
The Fifth Circuit on Friday largely upheld the convictions and sentences of three Texans involved in running a $10 million Medicare and Medicaid fraud scheme, finding the trial court didn't commit any plain error other than imposing an excessive restitution demand on one of the defendants.
A federal jury in Miami on Wednesday found that Stiefel Laboratories Inc. and former chief executive Charles Stiefel did not commit securities fraud or breach fiduciary duty in connection with a former executive's sale of company stock ahead of Stiefel's 2009 acquisition by GlaxoSmithKline PLC.
An Illinois federal judge issued a pair of provider-friendly decisions Thursday in litigation from chiropractors accusing Blue Cross Blue Shield Association health plans of clawing back payments in violation of the Employee Retirement Income Security Act, ruling the plaintiffs were denied ERISA beneficiary rights.
The U.S. Department of Health and Human Services recently issued its updated special advisory bulletin on the effect of exclusion from participation in federal health care programs. Screening for excluded persons is a key element in compliance, and health care providers should be familiar with, among other things, the potential liability for employing or contracting with an excluded individual, say attorneys with Hiscock & Barclay LLP.
From audits to Civil Monetary Penalties Act and False Claims Act liability, the penalties to health care providers for improper charting and billing are significant. Because the federal government is using every tool available to fight health care fraud, providers should immediately begin proactive self-audit to avoid significant fines and harmful consequences, say Thomas Hess and Simi Botic of Dinsmore & Shohl LLP.
Because of the way our brains are hard-wired, opportunities for settlement are often lost — our human tendencies cause us to get in our own way. By recognizing these tendencies, fighting to avoid them and implementing systems that help recognize potential leverage points, litigants can achieve faster, and often better, settlements, says John Watkins of Thompson Hine LLP.
The Centers for Medicare and Medicaid Services' new approach to evaluating inpatient hospital admissions uses a two-midnight benchmark — meaning inpatient stays spanning more than two midnights are generally presumed appropriate for Medicare Part A payment — and has important implications for hospitals. Among other things, hospitals should note that the new rule effectively eliminates one-day stays, say Renee Howard and David Robbins of Perkins Coie LLP.
The mandatory contraceptive coverage in employer health plans sparked protests from many religious groups and business owners, and the government recently aimed to address this issue with its final regulations on exemption for such coverage. Several questions about the final rules have risen, and practitioners should be familiar with the answers, say attorneys with Ballard Spahr LLP.
In attempts to avoid the Affordable Care Act's employer mandate provision, employers are using workforce management techniques to reduce the number of full-time employees for whom they are responsible. But such employers may well be stepping out of the frying pan and into the fire as this may create liability under Section 510 of the Employee Retirement Income Security Act, say Adam Solander and Elizabeth Bradley of Epstein Becker Green PC.
It took the better part of two decades for the crucial holding of Virginia Bankshares Inc. v. Sandberg to be well understood and widely applied by the circuit courts. The case of Indiana State District Council of Laborers v. Omnicare represents a step backward in this analysis. Hopefully, other circuit courts will decline to follow the Sixth Circuit in its abrupt wrong turn, and the Supreme Court will eventually clarify its Virginia Bankshares decision, says Claire Loebs Davis of Lane Powell PC.
Deleted digital evidence can have a tremendous impact on the outcome of a trial, and understanding the most common levels of deleted files and the difficulty and cost of retrieving and producing those files is key for litigators. It will empower a requesting party to make specific requests that could be deemed reasonable, and producing parties can use this information to calculate the time and cost involved in their response, says Ken Mendelson of Stroz Friedberg.
The consequences of scorched-earth media coverage of scandals can be devastating. In a marketplace where the 24/7 news cycle and digital media make every business decision a potential landmine and the court-of-public-opinion essentially deems one guilty until proven innocent, a single news story can test or kill a brand in seconds, says Derede McAlpin of the Association of Corporate Counsel.
In the first half of 2013, in addition to the recent NextCare Holdings Inc.-PrimaCare Medical Centers deal in Texas, we have seen activity across the urgent care market by both strategic and financial buyers, including through merger and acquisition, as well as organic growth, say Amber Walsh and Geoffrey Cockrell of McGuireWoods LLP.