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Health
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May 17, 2013
Texas High Court Clarifies Profession Defamation Limits
The Texas Supreme Court ruled Friday that a doctor alleging he was defamed by another doctor who accused him of unprofessionalism and lying was not subjected to defamation per se because the statements had no bearing on his skills or competence as a physician.
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May 17, 2013
Obama Budget Would Save $153B In Health Spending: CBO
The president's budget proposal for the 2014 fiscal year would save the U.S. government $153.6 billion in health care spending over 10 years, the biggest chunk of which would come from applying Medicaid's prescription drug rebates to dual eligible beneficiaries, the Congressional Budget Office said Friday.
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May 17, 2013
Medicaid Fraud Units To Get Federal Funds For Data Mining
The Department of Health and Human Services' inspector general on Friday released a final rule that will allow Medicaid fraud control units to get federal funding to conduct data-mining activities, such as analyzing claims data to look for patterns of abuse, reversing a long-standing prohibition on such funds.
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May 17, 2013
Iowa Court Blocks Insurer Caps On Unreimbursed Dental Care
The Iowa Supreme Court on Friday ruled that insurers in the state can’t limit the maximum fee charged by a dentist for a service generally included in a dental plan but not reimbursed because of a plan restriction, overturning a decision by the state’s insurance commissioner.
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May 17, 2013
Hartford Sanctioned Again In Fight With Medical Center
Hartford Fire Insurance Co. was sanctioned Thursday for repeatedly misrepresenting to an Indiana federal court that it had turned over all of the documents that Illiana Surgery and Medical Center LLC requested in a coverage suit that arose after someone deleted valuable data from the hospital's computer system.
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May 17, 2013
GSK Says Comcast Ruling Kills Avandia Injury Class Action
GlaxoSmithKline PLC on Friday urged a Pennsylvania federal judge to reject two Humana Inc. units’ bid for class certification over costs borne by the insurers for treating Medicare patients harmed by the drug Avandia, contending that it is barred by the Supreme Court’s recent Comcast decision.
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May 17, 2013
Cardinal, Pharmacies Settle $3M Health Supply Contract Suit
Two pharmacies on Thursday agreed to a settlement with two Cardinal Health Inc. units, ending claims filed in Illinois federal court that they had breached the terms of their wholesale pharmaceutical purchase deals, costing Cardinal at least $2.7 million.
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May 17, 2013
Highmark Says Policyholders Can't Seek Antitrust Damages
Highmark Inc. on Friday again asked a Pennsylvania federal judge to toss an antitrust class action in which health insurance buyers accuse it of conspiring to stifle competition and inflate rates, arguing that the rates were approved by the Pennsylvania Insurance Department.
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May 17, 2013
Whistleblower Wants Jackson Lewis DQ'd In Sun FCA Suit
A whistleblower asked a Florida federal judge Thursday to disqualify Jackson Lewis LLP from representing Sun Healthcare Group Inc. in a suit accusing it of falsely billing Medicare, saying the firm has misused sealed records in another case.
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May 16, 2013
McKesson Beats Chem Rx Trustee's $10M Clawback Suit
A Delaware bankruptcy judge on Thursday tossed an adversary suit that sought to claw back nearly $10 million from McKesson Corp., finding nothing improper in payments made to the pharmaceutical product wholesaler by soon-to-be bankrupt pharmacy Chem Rx Corp.
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May 16, 2013
ACA’s Benefits For Hospitals Hinge On HHS Outreach
As the U.S. Department of Health and Human Services ramps up its efforts to educate the uninsured and enroll them in Medicaid and exchange health plans, experts say the success of the Affordable Care Act — and the ability of providers and insurers to reap the benefits they were promised — depends on just how successful HHS' outreach is.
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May 16, 2013
Fla. Supreme Court Upholds Birth Injury Compensation Plan
The Florida Supreme Court ruled Thursday that a state program providing set compensation to families of infants who sustain birth-related neurological injuries is constitutional, rejecting claims by an injured girl's parents that it violates equal protection and access to courts rights.
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May 16, 2013
GOP Bills Would Bar IRS From Implementing Health Law
Several Republican lawmakers introduced legislation this week aiming to prevent the Internal Revenue Service from implementing the Affordable Care Act, after the IRS admitted to targeting tea party and other conservative groups for audits.
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May 16, 2013
House Throws Fiscal Weight Behind VA-DOD Health Database
A House subcommittee on Wednesday considered a $73.3 billion bill to fund military construction and the Department of Veterans Affairs, approving provisions that would cut off information technology funding until the VA and U.S. Department of Defense agree on a joint health database for U.S. troops and veterans.
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May 16, 2013
House GOP Votes For Third Time To Repeal ACA
House Republicans on Thursday voted for the third time to scrap the Affordable Care Act in its entirety, a move that’s dead on arrival in the U.S. Senate and which underscores the relentlessness of conservative opposition more than three years after the law’s passage.
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May 16, 2013
VA Wants DaVita's Dialysis Underpayment Suit Trimmed
The U.S. Department of Veterans Affairs on Wednesday asked the U.S. Court of Federal Claims to trim thousands of payment claims from a DaVita Inc. suit accusing the agency of underpaying for dialysis services, arguing the claims were either time-barred or not allowed under law.
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May 16, 2013
Medical Supplier BestMed Dodges $3.5M Verdict In IP Row
Colorado-based medical equipment firm BestMed LLC convinced a New York federal judge to reverse a $3.5 million verdict for its adversary, Israel-based thermometer maker Medisim Ltd., over a thermometer patent that she found invalid Wednesday.
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May 16, 2013
NYC Hospital Operator Avoids FLSA Overtime Action For Now
A New York federal judge Wednesday tossed a putative class action accusing New York City Health and Hospitals Corp. of violating the Fair Labor Standards Act by depriving hourly employees of overtime pay, but left the plaintiff a chance to amend his complaint to add more detailed allegations.
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May 16, 2013
EEOC's 1st Genetic Bias Class Action Targets Nursing Home
The U.S. Equal Employment Opportunity Commission launched its first class action under the Genetic Information Nondiscrimination Act on Thursday, accusing a New York nursing home of wrongly requesting family medical histories as part of health exams before and after workers accept jobs.
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May 15, 2013
Malpractice Attys Score $10M Fees In Botched Delivery Case
A Pennsylvania judge has handed a win to attorneys who secured a $78.4 million medical malpractice verdict for a child disabled during delivery, saying they should receive nearly $10 million in fees based on the present value of the child's future medical costs, rather than the cost of an annuity.
Expert Analysis
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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.
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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.
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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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Don't Let Your Plaintiff Get Away In CEPA Cases
New Jersey's Conscientious Employee Protection Act is a powerful anti-retaliation statute, providing an array of significant remedies to an aggrieved party. However, as taken from Hitesman v. Bridgeway Inc., with great power comes great responsibility, including the important gatekeeping functions of trial courts in cases brought under the act, says Lawrence Del Rossi of Drinker Biddle & Reath LLP.
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OIG's Alert Has Broad Implications With A Hint Of Warning
Recently, the Office of the Inspector General of the U.S. Department of Health and Human Services issued a special fraud alert on physician-owned distributorships, an entity that has been under ongoing controversy. While focusing on PODs, the alert makes some statements that have broader implications in the industry, reminding it of significant OIG positions, say attorneys with Ropes & Gray LLP.
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Proposed Texas Dental Bill Indicates Greater Regulation
The dental practice management model has become an increasingly popular investment opportunity with management companies and private equity firms. While the DPM model grows in popularity, so does regulation and scrutiny around the industry, which is evidenced by recent investigations and the introduction of SB 151 in Texas, say attorneys with McGuireWoods LLP.
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Africa — Open For Business
While the challenge of development in many African countries should not be underestimated, the rising middle class and ensuing breadth of needs across industries ― including power generation and distribution, transportation, telecommunications, agribusiness, oil and gas, financial services, health care, education, housing and consumer goods — provide an array of prospects for foreign investment, say experts with AlixPartners and Dentons.
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3 Ways To Leverage Internet Access During Trial
A survey of local rules for courthouses with available Wi-Fi has shown that no courts expressly prohibit the use of Internet by lawyers to gain information about the venire. Interestingly, at least one appellate court has held that it was error not to allow counsel to access the Internet during jury selection, say Derek Sarafa and William O'Neil of Winston & Strawn LLP.
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FTC's Opinion On Norman PHO — Significant But Unclear
The U.S. Federal Trade Commission and the U.S. Department of Justice continue to enforce the antitrust laws in the health care field as illustrated by a recent FTC advisory opinion on a Norman, Okla., physician hospital organization. This opinion is significant as it approves a multiprovider network not involving an accountable care organization but also leaves a number of questions unanswered, say attorneys with Thompson Hine LLP.
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Fragmented Workforces: A New Challenge For Employers
The National Labor Relations Board recently made it easier for unions to win representation elections by allowing unions to fragment workforces and cherry-pick the unit of employees most likely to support unionization. There's no doubt that this decision presents challenges for employers, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.