A Tennessee federal judge on Monday killed a False Claims Act suit accusing hospital chain Ascension Health of ripping off Medicare by billing for diagnostic work performed by noncertified technicians, saying the whistleblower provided unacceptably skimpy details to support his allegations.
A Fortress Investment Group LLC unit will purchase a portfolio of 52 senior housing properties for $1.01 billion from subsidiaries of Holiday Acquisition Holdings LLC, according to a Monday statement.
A Centers for Medicare and Medicaid Services senior staffer responsible for the rollout of the troubled HealthCare.gov website defended the site’s security measures to lawmakers, saying Tuesday that despite other issues, its security and privacy controls were sound.
A former Dallas judge on Friday temporarily blocked a rehabilitation center company from holding an annual shareholder meeting after he claimed the board planned to drastically dilute his ownership stake following his ouster as the company’s chief operations officer.
Republican senators rolled out legislation on Tuesday that would prevent unions from dodging an Affordable Care Act fee to be levied against businesses, charities and faith-based organizations for each employee whose health insurance they cover.
Baptist Health System, one of the largest health care providers in San Antonio, has paid $3.7 million to settle allegations it filed false claims for Medicare reimbursements in violation of the False Claims Act, the U.S. Department of Justice said Monday.
In response to a scandal at a U.K. National Health Service hospital at which patients were subjected to "appalling" conditions and treatment, the British government on Tuesday proposed a new law that would create jail sentences for willfully negligent doctors and nurses.
The U.S. Senate passed legislation on Monday that would revamp the U.S. Food and Drug Administration's regulation of compounding pharmacies and establish a track-and-trace system for prescription drugs, sending the bill to President Barack Obama for his signature.
The New Jersey Supreme Court was asked on Monday to revive a nurse’s claim that he was wrongfully terminated for publicizing code violations, arguing that an appellate panel erred in its application of the state's whistleblower laws.
A Pennsylvania federal judge on Friday shot down health insurer Highmark Inc.’s bid to derail a proposed class action accusing it of stiffing staffers on overtime pay, finding reason to believe the Fair Labor Standards Act applies and that numerous employees may have been shortchanged.
Seven law firms whose stars had dimmed in the eyes of general counsel are once again shining bright, and two up-and-coming legal sparklers are suddenly radiating excellence, according to a new survey of corporations’ favorite firms.
Skadden Arps Slate Meagher & Flom LLP stands alone among elite law firms in the arena of client service thanks to a concerted long-term effort to respond to client feedback, according to a new survey of corporate counsel.
Private equity firm American Securities LLC said Monday it has agreed to acquire packaging maker Tekni-Plex Inc., which serves the health care and food industries, from funds associated with Oaktree Capital Management LP in a deal rumored to be worth up to $800 million.
The Tenth Circuit ruled Monday that state law allowed Farmers Insurance Exchange to limit its coverage of medical expenses incurred in an accident involving a Colorado man who subsequently filed a proposed class action against the company.
The fickle feelings of corporate counsel are apparent once again in an annual survey gauging which law firms deliver the most sterling client service, as one-third of last year's favorites were cast aside after being outflanked by hungry rivals.
The Texas compounding pharmacy that recalled its unexpired sterile medications should stop producing sterile drugs at least temporarily, the U.S. Food and Drug Administration said Friday, stating it found contaminants in the pharmacy’s recalled products.
A Pennsylvania appeals court on Monday denied Philadelphia's bid to rescind millions in tax credits the city's tax board gave to two Independence Blue Cross subsidiaries, ruling the board was operating within its discretion when it awarded the credits, which were used to offset prior business tax overpayments.
There are more arrogant law firms than in years past, according to a new survey of corporate counsel, but one familiar firm has risen above them all.
The number of law firms that Fortune 1000 clients say offer excellent client service grew by 9.8 percent over the past year, a sign that firms with broader services are separating themselves from the competition, according to a new survey of corporate counsel.
Attentive client service, not size, continues to be the critical factor for general counsel at the world's largest corporations, according to a recent survey of corporate counsel, who gave top marks to a mix of large and midsize law firms.
Although the government shutdown and the debt ceiling crisis are occasionally conflated, they have distinct effects on government operations and on parties interacting and transacting with the government, says Boris Bershteyn, of counsel with Skadden Arps Slate Meagher & Flom LLP and former general counsel of the White House Office of Management and Budget.
Given that there is no apparent legal requirement to conduct a data breach response investigation in a particular way — and only vague guidance provided by HIPAA and the PCI Data Security Standards — companies may be tempted to reduce the scope of the enterprise impact assessment to what they consider the bare minimum. This approach should be resisted for two important reasons, say Kim Peretti of Alston & Bird LLP and Jason Straight of Kroll Advisory Solutions.
The common thread in settlements with the U.S. Department of Health and Human Services' Office for Civil Rights, including a recent one with Affinity Health Plan Inc., is that the OCR has imposed penalties because policies for safeguarding electronic protected health information did not exist, risk assessments were not performed, or policies were not followed. Accordingly, the Affinity case provides important instructions for companies that handle ePHI, say attorneys with DLA Piper.
In a series of recent high-stakes class actions filed against Catholic health care institutions, plaintiffs are challenging what has been the settled application of the church plan exemption in the Employee Retirement Income Security Act. However, there are substantial defenses to the claims of plaintiffs who seek to upset settled law, says Robert Rachal of Proskauer Rose LLP.
The government's recent settlements, one with Imagimed LLC and another with several Florida-based radiation oncology providers, serve as useful reminders that physician supervision requirements are and will continue to be enforced — and violating the False Claims Act can result in treble damages and per-claim assessments, say Allyson Aldous and Robert Ramsey of Buchanan Ingersoll & Rooney PC.
Practitioners before the Judicial Panel on Multidistrict Litigation should note that the basis for denying or granting MDL motions is not unique to an industry or set of cases. Rather, patterns regarding the denial and grant of MDL motions — such as the recent denial of two new food industry MDL proceedings arising from “All Natural” marketing campaigns — cut across industry lines and have certain common characteristics, says Alan Rothman of Kaye Scholer LLP.
A recent survey of more than 1,000 chief legal officers found that 87 percent of in-house counsel indicated ethics and compliance as one of the leading issues keeping them up at night. Government and regulatory changes followed as a top concern now and in the year ahead. This is not because companies intend on breaking laws — but because the laws vary, make compliance a challenge, says James Merklinger, vice president and general counsel of the Association of Corporate Counsel.
What is noteworthy about a recent case involving false-claims allegations against Shands Healthcare is that the president of the consulting company hired by Shands is the whistleblower who stands to gain, possibly millions of dollars, from turning in his client. So, if your litmus test for assessing the risk of a particular compliance issue is “who knows about it that could become a whistleblower,” the answer just got a little broader, says Shannon DeBra of Bricker & Eckler LLP.
Lawyers who aren’t actively engaged in online reputation management not only miss out on valuable opportunities but also run the risk of actually harming their marketing efforts, say Cristina Vivenzio Brennan of Wolf Greenfield & Sacks PC and Lisa Ramsey Woodford of Paris Social Media Marketing.
Over the past several years, the health care industry has experienced a significant increase in private equity and alternative investment and industry consolidation. These trends have only accelerated with implementation of pay-for-performance initiatives, payment reductions that favor lower-cost care settings and integrated care-delivery models that promise to aggregate care and reduce costs across multiple sites of service, say attorneys with McGuireWoods LLP.