Health

  • October 24, 2014

    Judge Buries Suit Over Va. Medical Certificate Of Need Law

    A Virginia federal judge on Thursday ruled that Virginia’s requirement that new medical service providers receive a certificate of public need before being allowed to do business in the state doesn’t discriminate against interstate commerce, granting summary judgment to state health officials.

  • October 24, 2014

    Blue Cross Rips Honigman's 'Dual Role' In Antitrust Suit

    Blue Cross Blue Shield of Michigan said Thursday that Honigman Miller Schwartz & Cohn LLP should be disqualified from representing three health insurers in a suit alleging Blue Cross violated antitrust laws in its contracts with hospitals, saying the firm took on “overlapping and conflicting” roles.

  • October 24, 2014

    Kan. Justices Rule Broker's Omissions Can't Block Coverage

    The Kansas Supreme Court ruled Friday than an insurance broker acted as an agent when he submitted an application omitting key elements of an applicant’s medical history, finding an insurance company couldn’t later deny medically necessary treatment on the basis of failing to disclose a pre-existing condition.

  • October 24, 2014

    FCA Whistleblower Wants Humana Suit Restrictions Lifted

    A whistleblower accusing Humana Inc. of Medicare Advantage fraud urged a Florida federal judge to reconsider his order dismissing her False Claims Act suit, claiming her latest amended complaint contains enough detail to allege a widespread case of fraud.

  • October 24, 2014

    Pa. Justices Take Up Medicaid Subcontractor Pay Release Suit

    The Pennsylvania Supreme Court on Thursday agreed to consider whether a state provision protecting trade secrets protects Medicaid managed care organizations from publicly disclosing the amount of money it pays to subcontractors.

  • October 23, 2014

    Walgreen Workers' Attys Blasted For 'Form Declarations'

    The California Court of Appeal refused Thursday to revive a putative class action accusing The Walgreen Co. of not giving employees meal breaks, after dozens of witnesses recanted mostly identical declarations overseen by the plaintiff's lawyers, raising questions about how the documents were prepared.

  • October 23, 2014

    Florida Hospitals Face FCA Suit Over Kickback Scheme

    A whistleblower complaint unsealed in Florida federal court on Wednesday alleges that the H. Lee Moffitt Cancer Center and Research Hospital Inc. and the Zephyrhills Health & Rehab Center nursing home filed false claims to defraud federal health care programs.

  • October 23, 2014

    Phoebe Putney Seeks Stay Of FTC Merger Fight

    Phoebe Putney Health System Inc. has asked the Federal Trade Commission to put a hold on its efforts to force the Georgia hospital to divest a recently acquired unit after state officials indicated that certificate of need requirements might thwart the sale.

  • October 22, 2014

    DaVita Finalizes $400M Settlement Over Kickback Claims

    Dialysis giant DaVita HealthCare Partners Inc. has finalized a record deal in which it will pay more than $400 million and unwind 11 joint ventures to resolve claims by a whistleblower that it provided kickbacks to kidney doctors, Phillips & Cohen LLP, which brought the suit, said Wednesday.

  • October 22, 2014

    Nonprofit Execs Indicted On Insurance Fraud, Bribery Charges

    The top two executives at a New York City substance abuse treatment nonprofit were indicted Wednesday over alleged insurance fraud and kickback schemes that prosecutors say lined the pockets of the father-and-son duo and allowed them to fuel a lavish lifestyle.

  • October 22, 2014

    Seyfarth Nabs Ex-Hunton & Williams Health, Nonprofit Pros

    Seyfarth Shaw LLP has hired a pair of former Hunton & Williams LLP corporate attorneys who are experts in representing tax-exempt organizations to join its Los Angeles offices as partners, the firm announced Wednesday.

  • October 22, 2014

    Whistleblower Gets Omnicare Defense Pared In FCA Suit

    A Texas federal judge on Tuesday trimmed away one of Omnicare Inc.’s defenses in a long-running False Claims Act suit, finding that the nursing home pharmacy can’t dodge kickback allegations just because a whistleblower may have also been involved in misconduct.

  • October 21, 2014

    Ex-CEO of NJ Drug Dispensary Indicted For Tax Evasion

    The former CEO of a New Jersey pharmacy dispensing company was indicted on Tuesday by a federal grand jury for allegedly filing falsified income tax returns to conceal stock earnings, settlements and disbursements of company funds.

  • October 21, 2014

    Walgreen Can't Nix OTC Drug Privacy Claims In Meth Row

    A Louisiana federal judge on Tuesday refused to dismiss Walgreen Louisiana Co. Inc. and others from a suit alleging they violated the privacy rights of two individuals convicted of trying to make methamphetamine when authorities used a database to track their purchases of over-the-counter cold medicines.

  • October 21, 2014

    Hunter Labs Can't Dodge Contract Suit Over $6.3M FCA Share

    Hunter Laboratories LLC on Monday couldn't dodge a contract suit brought by partners in a litigation sharing deal who were allegedly denied their share of proceeds from a $241 million False Claims Act recovery, with a New Jersey federal judge ruling his court is a proper venue.

  • October 21, 2014

    Highmark Loses Bid To Ax Pa.'s Challenge To Medicare Plan

    A federal judge ruled Tuesday that he could not intervene to stop Pennsylvania officials from pursuing litigation in state court aimed at blocking Highmark Inc. from offering a Medicare Advantage plan that allegedly violates an agreement defining the insurer’s relationship with University of Pittsburgh Medical Center.

  • October 21, 2014

    US Asks 5th Circ. To Deny UT Bid To Rehear Tax Refund Suit

    The U.S. government recently said the Fifth Circuit correctly determined earlier this year that the University of Texas did not qualify for an $11 million refund for Federal Insurance Contributions Act taxes against its medical residents and the court should deny the university's request for a rehearing.

  • October 21, 2014

    Four Convicted In $158M Houston Hospital Medicare Scam

    A Texas federal jury on Monday convicted four people in connection with a $158 million Riverside General Hospital Medicare scam, in which administrators allegedly made false claims for mental health treatment in order to pay kickbacks and bribes, according to the U.S. Department of Justice.

  • October 21, 2014

    Anderson Kill Dodges $10M Malpractice Suit Over Insurer Row

    A New York judge on Tuesday threw out a health care company’s legal malpractice action that claims Anderson Kill PC botched an employment insurance coverage case, saying the plaintiff hasn't properly alleged that the firm was liable for $10 million in insurance losses.

  • October 21, 2014

    Fla. Hospitals Beat Whistleblower's Retaliation Claim

    Two years after Florida-based Morton Plant Mease Health Care Inc. and its affiliated hospitals agreed to pay $10 million to resolve a whistleblower’s allegations that they overcharged the government for treating Medicare patients, the judge dismissed the whistleblower’s retaliation claims, ruling she was fired for a permissible reason.

Expert Analysis

  • A Different Kind Of Hospitality Opportunity In China

    Ian K. Lewis

    Entire populations are considering health care and “senior living” options, affecting government policy and opening up new opportunities for industry investors in branded residences of a different kind. Hotel operators that have medical tourism experience may find considerable scope for expansion in China, says Ian Lewis of Mayer Brown LLP.

  • 5 Issues For Employers To Consider When Shaping Benefits

    Michelle Capezza

    In light of recent legal developments, most notably passage of the Affordable Care Act, and ongoing national issues, such as America's looming retirement crisis, corporate employers will continue to face incredible challenges to their offered health and benefit plans, says Michelle Capezza of Epstein Becker & Green PC.

  • New Calif. Data Breach Rules Bring Obligations And Debate

    Ellen Giblin

    The new law regarding the California breach notification requirement related to identity theft prevention and mitigation services has already spurred debate on two issues, say attorneys with Edwards Wildman Palmer LLC.

  • OIG Remains Focused On Pharmaceutical Copayment Coupons

    Eve M. Brunts

    A report and special advisory bulletin from the U.S. Department of Health and Human Services' Office of Inspector General are the latest examples of ongoing scrutiny and challenges involving copayment coupons offered by pharmaceutical manufacturers, say Eve Brunts and Smita Singh of Ropes & Gray LLP.

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • A Ban On Ban-The-Box?

    Natasha B. Dorsey

    In a regulatory landscape of ban-the-box laws and increased EEOC scrutiny of criminal history questions during the hiring process, employers in industries such as health care and finance are often put in the position of acting unlawfully because they are required to conduct background checks for certain positions. The Certainty in Enforcement Act could clarify things, but it also leaves the door open for trouble, says Natasha Dorse... (continued)

  • The Impact Of Boilermakers Continues To Be Felt

    Celia Taylor

    Relying on and further strengthening the import of Boilermakers Local 154 Retirement Fund v. Chevron Corp., a recent decision in a shareholder suit involving Chemed Corp. shows the power of boards to have their say as to where intracorporate litigation will take place and who will pay for it, says Celia Taylor of Sturm College of Law at the University of Denver.

  • Summary Judgment Is No Dress Rehearsal

    Patricia St. Peter

    UnitedHealth Group Inc. v. Columbia Casualty Co. is a blunt reminder that the failure to prove up one’s case with actual evidence at the summary judgment phase can have serious consequences. It's also instructive on the types of proof an insured may rely on to prove allocation between covered and uncovered claims in a multiclaim settlement, say Patricia St. Peter and Kaisa Adams of Zelle Hofmann Voelbel & Mason LLP.

  • What Litigators Can Learn From Novelists

    Michael H. Rubin

    Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.

  • Start To Think About Entering China's Health Care Market

    Tim Stratford

    After the news this past July that German hospital operator Artemed had signed a framework agreement to establish the first wholly foreign-owned hospital in the Shanghai Pilot Free Trade Zone, foreign investors anxious for an opening into China’s tightly regulated health care sector may have further reason for optimism, say attorneys with Covington & Burling LLP.