Health

August 8, 2012
Employers Say ACA Will Hike Their Health Costs: Report

A majority of employers expect their health care plan costs to rise under the Affordable Care Act, with the wallets of retail and hospitality employers that employ part-time, low-paid workers feeling the biggest bite, consulting firm Mercer LLC said Wednesday.
August 2, 2012
Fla., Texas Lead In Shady Medicare Billing For Home Care

Florida and Texas are dramatically outpacing the national average when it comes to questionable billing of Medicare for home health services, according to a government audit issued Thursday that recommends temporarily halting enrollment of new providers and suppliers in the states.
July 24, 2012
$84B Saved, Millions More Uninsured After ACA Ruling: CBO

The U.S. Supreme Court’s ruling allowing states to opt out of a Medicaid expansion means health reform will cost tens of billions of dollars less than expected and that millions more people will remain uninsured, the nonpartisan Congressional Budget Office reported Tuesday.
July 20, 2012
ACA Could Drive Small Biz To Self-Insure, Report Says

The health care reform law could encourage small employers to self-insure in order to avoid new regulations intended to protect patients and consumers, according to an independent report issued Thursday that underscores concerns voiced by the Obama administration.
July 16, 2012
New Medicare Rates Would Hurt Poorest Hospitals, Study Says

The health care law's changes to hospital payment rates, which try to incentivize better care by tying payments to certain performance measures, could disadvantage the hospitals that treat the poorest and most vulnerable patients, according to a study published Monday.
July 16, 2012
FCA Recoveries On Steep Rise To Record Highs, Report Says

Riding a sharply rising tide of enforcement, recoveries under the False Claims Act will likely hit record highs in 2012, with most imminent claims likely to come from the health care industry, according to a report issued Thursday by Gibson Dunn & Crutcher LLP.
July 9, 2012
HHS OIG Finds Nursing Homes Not Complying With Medicare Regs

A random survey of medical records for elderly nursing facility residents who take antipsychotic drugs has found that virtually every record didn't comply with Medicare requirements for resident functional assessments and care plans, potentially jeopardizing residents' care, a government watchdog said Monday.
July 9, 2012
Employers Will Rush To Comply With ACA Ruling, Report Says

While most employers waited to take action on looming employer requirements under the Patient Protection and Affordable Care Act until the U.S. Supreme Court ruled on its constitutionality last month, only a minority will wait until after November elections, consulting firm Mercer LLC said Monday.
July 6, 2012
Texas Dead Last In Health Care Quality, Federal Study Says

Texas ranks last in the U.S. when it comes to overall health care quality, according to a recently released government report that annually measures the quality of health care delivery in all 50 states and the District of Columbia.
July 5, 2012
Medicare Competitive Bidding Needs Makeover, Study Says

The Centers for Medicare and Medicaid Services' competitive bidding system has failed to create a stable economic environment for home medical equipment and needs to be altered immediately, an economic study released Thursday said.
June 29, 2012
Law360's Global 20 Firms Open Up New Frontiers

For the second year in a row, Law360 has selected and ranked the 20 law firms with the greatest global reach and expertise.
June 22, 2012
GCs Name Rolls Royce Of Law Firms

A new report based on interviews with corporate counsel has identified the eighteen law firms with the strongest brands in the legal market.
June 15, 2012
Medicare Overpaid $209M For Diabetes Test Supplies: Report

Four Medicare contractors improperly paid medical equipment suppliers $209 million for home blood-glucose test strips and lancets for diabetic patients in 2007, according to a report released Friday by the U.S. Department of Health and Human Services' internal watchdog.
June 7, 2012
GAO Scrutinizes Anti-Fraud Efforts In Medicare, Medicaid

The U.S. Government Accountability Office on Thursday unveiled an analysis of four key strategies for deterring and detecting staggering amounts of fraud and waste in Medicare and Medicaid, concluding that federal regulators have made impressive strides in some areas while standing idly by in others.
June 7, 2012
HHS Missed Half Its Deadlines Under PPACA, Analysis Says

Federal regulators have missed nearly half the deadlines for finalizing elements of health care reform, creating uncertainty but also potentially avoiding errors associated with rushed work, researchers with the right-leaning American Action Forum said Thursday.
May 23, 2012
Physicians Win Bulk Of Malpractice Trials, Study Shows

Only a fraction of medical malpractice claims result in trial verdicts, and those that do are overwhelmingly won by doctors, according to a study published last week in the Archives of Internal Medicine.
April 19, 2012
Health Cos. Focus On Compliance Over Security, Report Says

Health care companies are increasingly focusing on complying with evolving patient privacy laws instead of insuring that their data security programs actually work to prevent breaches, according to a patient data security report released this week.
April 16, 2012
GAO Report Finds Health Care Antitrust Guidance Lacking

Antitrust experts and health care industry groups are critical of the 1996-era federal guidance describing which types of collaborative arrangements are exempt from antitrust analysis, according to a U.S. Government Accountability Office report issued Monday.
April 5, 2012
$2B In Rebates For Insured If ACA Started In 2010: Report

Health insurance buyers would have received $2 billion in insurer rebates if a consumer protection measure in the Patient Protection and Affordable Care Act had been in effect a year before its 2011 start date, according to a report from The Commonwealth Fund released Thursday.
April 4, 2012
Medical Campaign Presses Docs To Stop Unneeded Testing

Nine medical groups on Wednesday launched a campaign urging U.S. doctors to stop overprescribing 45 medical tests that the groups deemed unnecessarily common and relatively unfruitful when used as a precautionary measure for patients.

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Expert Analysis

E-Discovery In The Cloud: Who Can Get Your Data?

Many lawyers are asking whether placing electronically stored information in the cloud could inadvertently waive the attorney-client privilege and whether the government or a civil litigant could obtain ESI directly from a cloud service provider. In answering these questions, there are a number of aspects of the cloud worth considering, say Timothy Broas and Matthew Saxon of Winston & Strawn LLP.
5 Reasons For Optimism In The Venture Capital Community

Not every company can be the next Facebook. But thankfully, for many startups, generating one billion users is not the end goal, nor should it be. Enter “narrowcasting” — one of a few reasons to be optimistic about venture capital, despite the first quarter of 2013 being the slowest for fundraising since 2002, says David Kaufman of Thompson Coburn LLP.
Cloud Storage Providers May Be Subject To HIPAA

A recently issued rule by the U.S. Department of Health and Human Services may unknowingly create significant liability and legal risk for many technology enterprises. A challenge under this rule is the risk that data storage providers may unknowingly receive protected health information from clients and become subject to penalties and enforcement actions, say attorneys with Wilson Sonsini Goodrich & Rosati PC.
A Translation Of IRS Policy On Health Insurance Issuers

The IRS recently issued proposed regulations on the $500,000 deduction limit for compensation paid by certain health insurance companies to their employees. Because these complex rules differ significantly from the more common applications of Section 162(m), a thorough analysis is required even if a company is exempt from or in compliance with the rule, say attorneys with Skadden Arps Slate Meagher & Flom LLP.
10 Things To Know About OIG's Self-Disclosure Protocol

Recently, the Office of Inspector General released an updated self-disclosure protocol by which health care providers can identify, disclose and resolve situations involving potential fraud. Providers considering the SDP program will now have more specific details to guide their submission but also face stricter requirements, say attorneys with Patton Boggs LLP.
How HIPAA Marketing And Sale Provisions May Apply To You

In light of the Health Insurance Portability and Accountability Act's new requirements on the use of personal health information for marketing and sale purposes, it is important to note that not just covered entities but also advertisers, data aggregators, market researchers and others who want access to PHI will be impacted, say attorneys with Duane Morris LLP.
What To Know About ACA Collective Bargaining

For companies with a unionized workforce, the Affordable Care Act poses additional challenges and strategic considerations above and beyond those confronting nonunionized workforces. In addition to the general matter of "pay or play" provisions, unionized companies must also keep in mind of what may constitute an unfair labor practice under the National Labor Relations Act, say attorneys with Epstein Becker & Green PC.
Genesis V. Symczyk: A Win For Employers In The End

Even though the U.S. Supreme Court evaded resolving a particular circuit split in Genesis Healthcare Corp. v. Symczyk, the court did resolve another issue that should provide employers confidence in the proper disposition of Fair Labor Standards Act collective actions, say attorneys with Paul Hastings LLP.
A Closer Look Into Medicare Part B Inpatient Billing

The impact and utility of the Centers for Medicare and Medicaid Services' recent proposed rule is substantially diminished by the time frame in which providers are allowed to resubmit Medicare Part B claims. Because providers often do not receive denials of Medicare Part A claims within one year of the date of service, this deadline would restrict some providers desiring to resubmit Part B claims under the rule’s more permissive framework, say attorneys with Reed Smith LLP.
A Look At The FCC's Action On RF Exposure Limits

A recent Federal Communications Commission action consists of technical changes in how radio frequency exposure is evaluated and how compliance with the existing RF exposure limit is demonstrated. Many companies are likely to take an interest in the proceeding given its potential to affect an array of sectors, say attorneys with Mayer Brown LLP.

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