Walgreen Co. on Thursday urged a California federal court to toss a whistleblower’s suit accusing it of wrongly charging Medicare and Medicaid for unwanted prescription refills, saying he had not provided any evidence to back his allegations.
A Delaware bankruptcy judge gave Irish Bank Resolution Corp. the nod Friday to sell loans secured by equity in Ireland's Blackrock Clinic to a company owned by beef mogul Larry Goodman, rejecting opposition from a hospital shareholder and saying the evidence the sale was fair was “overwhelming.”
The Third Circuit was urged during oral arguments on Friday to find that a purported whistleblower’s work to uncover an alleged scheme by Express Scripts Inc. and other companies to overbill the federal government for prescription drugs gave him grounds to sue under the False Claims Act.
The Republican-controlled U.S. House of Representatives on Friday filed a long-awaited lawsuit against the Obama administration challenging delay of the Affordable Care Act’s employer mandate and government payments to health insurance companies under the law.
An administrative law judge on Wednesday shut down Tiversa Holding Corp.’s bid to discredit a former employee who is expected to poke holes in the Federal Trade Commission's data security assertions against LabMD Inc., saying it was improper for Tiversa to jump into the dispute.
A California federal judge on Thursday rebuffed Prime Healthcare Services Inc.’s bid to dismiss a False Claims Act suit alleging the hospital group overcharged Medicare and Medicaid over $50 million by falsifying admissions information, accepting a government statement that the allegations weren’t public before the suit was filed.
Washington state officials Thursday urged the Ninth Circuit to overturn a lower court ruling that repealed regulations requiring pharmacists to carry emergency contraceptives like Plan B, saying the rule improves access to time-sensitive medicine and that there is no evidence the state has discriminated on the basis of religion.
Five defendants convicted of participating in a $200 million Medicare fraud scheme involving kickbacks for referrals of drug-addicted and vegetative patients argued before the Eleventh Circuit on Thursday that they should be granted new trials because they were not allowed a rebuttal witness at trial.
A New York federal court refused to toss legal malpractice claims against a New York attorney over his alleged mishandling of a medical malpractice suit in which his disfigured client was left without legal recourse against her doctor, a Thursday court filing revealed.
UnitedHealthcare Inc. on Wednesday ducked a proposed class action brought by a chiropractor alleging violations of the Telephone Consumer Protection Act after an Illinois federal judge said that the chiropractor’s provider agreement stipulated that his complaint had to be arbitrated.
Walgreen Co. has resolved its lawsuit against Pharmacy Solutions Inc. over the rival pharmacy's decision to hire away managers from an Idaho business specializing in home infusion therapy that Walgreen acquired months before, according to an order issued Wednesday.
St. Luke’s Health System Ltd. on Wednesday urged the Ninth Circuit to rule that its $16 million acquisition of an independent physician practice does not violate federal antitrust law, arguing that a lower court ignored the deal’s benefits, including the ability to meet Affordable Care Act requirements.
In upholding a $1.4 million verdict against Walgreen Co. last week, an Indiana appeals court became the first court nationwide to find a health care provider liable for an employee's illegal scouring of customer medical records. Here, attorneys share several lessons employers should take from the case to help them avoid a similar fate.
A Miami businessman on Wednesday urged the Eleventh Circuit to reinstate his False Claims Act lawsuit accusing Humana Inc. and several holistic medical clinics of illegal patient incentives, arguing the trial court incorrectly found his allegations were already public knowledge and he was not the original source.
A California federal judge on Wednesday said he'd likely refuse to toss a proposed class action accusing United Behavioral Health of instituting mental health coverage assessments that violate the Employee Retirement Income Security Act, saying he needs to see more evidence before deciding whether the claims are viable.
A Third Circuit panel questioned Wednesday whether the First Amendment rights of religious employers, including two Pennsylvania Catholic dioceses, were substantially burdened by an Affordable Care Act provision that allows them to avoid providing contraceptive coverage to female employees while also ensuring workers get access to the services.
The United States on Monday told the Federal Circuit it should nix a contractor's challenge to the Centers for Medicaid and Medicare Services' change to payment terms for recovery audit contracts, saying the lower court didn't have jurisdiction over the case in the first place.
The former chief operating officer of a South Florida-area psychiatric hospital pled guilty Tuesday in Miami federal court for his role in a fraud scheme that involved paying kickbacks for patients and submitting more than $67 million in fraudulent Medicare claims.
The U.S. Supreme Court has recognized states' authority to define and regulate marriage, and Florida's ban on same-sex unions falls within case law, the Florida Attorney General's Office has argued in its opening brief asking the Eleventh Circuit to reverse a lower court's ruling that the ban is unconstitutional.
A National Labor Relations Board administrative law judge ruled Monday that Wilkes-Barre Hospital Co. LLC, which operates Wilkes-Barre General Hospital in Pennsylvania, violated federal labor law by failing to pay longevity-based raises to nurses after their collective bargaining agreement expired.
Despite the significant tilt toward technology in how litigation is now conducted, many senior lawyers still delegate tech-related issues to e-discovery specialists or associates at their firms. This is a missed opportunity not just for client development, but also for shaping the way the firm and lawyer are seen in the eyes of corporate counsel, says legal industry business development specialist Jenn Topper.
To the extent other courts adopt the New York federal court's analysis in U.S. v. Novartis Pharmaceuticals Corporation, the collateral consequence of an employee breach of internal policy or industry code of ethics and a corporate failure to appropriately sanction those employees could yield adverse consequences in the event of follow-on federal False Claims Act litigation, say attorneys with Skadden Arps Slate Meagher & Flom LLP.
Our estimates indicate that some law firms spend up to $8,000 per attorney each year on print-related costs. Although we live in a digital world, hard copy printing will remain an important part of business for years to come. Changing technology, however, offers opportunities to improve efficiencies and save money, say Senthil Rajakrishnan and Ryan Mittman of HBR Consulting LLC.
New York's recently enacted Emergency Medical Services and Surprise Bills law will impact billing and reimbursement for some out-of-network health care services, require new disclosures from providers regarding their health plan participation status and add new rules for health plans regarding networks and reimbursement for out-of-network services, says Jackie Selby of Epstein Becker & Green PC.
Unless the recent ruling in the Dewey & LeBoeuf LLP bankruptcy case is overturned on appeal or the New York Legislature amends the state’s fraudulent transfer and partnership laws, partners of New York firms will bear greater risk if their firms fail than will members of many non-New York partnerships. This risk factor might even affect decisions by prospective lateral partners about which firms to join, say attorneys with Arnold & Porter LLP.
Evanston Insurance Company v. Agape Senior Primary Care illustrates the potentially inequitable effect of policy rescission innocent co-insureds suffer far too often when their coverage is not protected by law or contract from the misdeeds of an individual bad actor, say Kevin Dreher and Natalie Metropulos of Reed Smith LLP.
A New York federal court's ruling on the motion to dismiss that was just filed in the False Claims Act suit against Continuum Health Partners Inc. will most likely set forth some needed guidance as to what kind of factual scenario triggers the start date for the Affordable Care Act’s 60-day overpayment rule, say Bill Mateja and Mike Nammar of Fish & Richardson PC.
Missteps and delays from The Center for Medicare & Medicaid Services on guidance over its electronic health records incentive program's meaningful use requirements have made it difficult for the provider community to meet moving targets and resulted in delayed rules implementation, says Julia Hesse of Choate Hall & Stewart LLP.
Next week, the Ninth Circuit will hear oral argument in the St. Luke's Health System Ltd. merger case, which many consider the most significant health care antitrust case in years. When viewed through the U.S. Supreme Court's dynamic, forward-looking approach in U.S. v General Dynamics, it is clear that sound antitrust law and policy and the facts require a reversal, says David Balto, former policy director of the Federal Trade Com... (continued)
An emerging use of data analytics still atypical of corporate legal departments is "enterprise fraud and misuse management." From unearthing fraud and waste among employees to gauging Foreign Corrupt Practices Act compliance, a strong EFM program can absolutely affect a company’s bottom line. Gregory Swinehart of Deloitte Financial Advisory Services LLP explains how chief legal officers can adapt.