• October 31, 2014

    Symbion Must Shed Center In FTC Deal Over $792M Merger

    The Federal Trade Commission said Friday it would require Surgery Center Holdings Inc. and Symbion Holdings Corp. to divest ownership of an ambulatory surgical center in Florida as part of a deal settling claims that the companies' proposed $792 million merger would be anti-competitive, as the state of Florida sued to block the merger.

  • October 31, 2014

    FTC OKs Stay In Phoebe Putney Divestiture Fight

    The Federal Trade Commission agreed Thursday to stay a case trying to force Phoebe Putney Health System Inc. to divest a recently acquired hospital unit, as Georgia state officials examine whether certificate of need requirements might thwart the sale.

  • October 31, 2014

    Ebola Nurse Showing No Symptoms Avoids Quarantine

    A Maine state judge on Friday refused to grant state health officials’ bid to quarantine a nurse who treated Ebola patients in West Africa, ruling that a quarantine is not necessary because she is showing no symptoms of the disease and is not infectious.

  • October 31, 2014

    Walgreen Says Gov’t Deal Dooms Gift Card FCA Suit

    Walgreen Co. is asking a Tennessee federal judge to throw out a False Claims Act suit over its alleged use of gift cards to induce Medicare and Medicaid recipients to switch pharmacies, arguing that the complaint addresses issues that have already been settled with the government.

  • October 30, 2014

    11th Circ. Revives Part Of Whistleblower Medicare Suit

    The Eleventh Circuit on Thursday reinstated parts of a former Health Management Associates Inc. executive's whistleblower suit accusing the hospital operator of engaging in an illegal Medicare kickback scheme, finding that his position made some of his allegations sufficiently reliable.

  • October 30, 2014

    Highmark Plan Doesn't Violate UPMC Deal, Pa. Court Finds

    A new Medicare product by Highmark Health that allegedly denies seniors in-network access to medical services at University of Pittsburgh Medical Center is not in violation of an agreement with the hospital, Pennsylvania’s Commonwealth Court said on Thursday.

  • October 30, 2014

    $500M Suit Claims Kimberly-Clark Gowns Don't Stop Ebola

    Kimberly-Clark Corp. was hit with a $500 million proposed class action in California federal court on Wednesday by a surgeon alleging the company misrepresented the protective qualities of its medical gowns, which he claims can be penetrated by viruses like Ebola and bacteria.

  • October 29, 2014

    Nossaman Dodges Malpractice Suit In Hospital’s Leasing Row

    A California appeals court on Wednesday refused to revive a hospital operator’s suit accusing Nossaman LLP and an ex-partner of legal malpractice and breach of fiduciary duty in a property lease dispute, ruling the claims are blocked by a one-year statute of limitations.

  • October 29, 2014

    Attys Flubbed Trial Against Doctors' Group, Ex-Client Claims

    A former client of Houston's Pendergraft & Simon LLP has sued two of the firm's lawyers for $3 million in a case that accuses the lawyers of a laundry list of alleged flubs in a dispute between a doctors' group and its former president and improperly advised the group to pursue Chapter 11 bankruptcy.

  • October 29, 2014

    Radiology Network Accuses Provider's Atty Of Aiding Fraud

    Diagnostic radiology network Atlantic Imaging Group LLC sued the onetime counsel and others associated with a New Jersey medical testing business for fraud, contending it was a victim of misrepresentations, omissions and diverted funds intended to hide the company's financial woes and hinder creditors.

  • October 29, 2014

    Federal Judge, Wife Want Sperm Bank Row Heard In Philly

    A lawsuit accusing Morris & Clemm PC of pursuing frivolous claims against the wife of a federal judge over storage costs related to her fertility clinic was improperly transferred out of Philadelphia County into the suburbs where the original litigation took place, a Pennsylvania appeals court heard Wednesday.

  • October 29, 2014

    Fla. Plaintiffs Want Stay Lifted In Same-Sex Marriage Case

    Plaintiffs fighting Florida's same-sex marriage ban on Wednesday asked a judge who deemed the ban unconstitutional to lift a stay that allows the state to continue to enforce the ban while state and federal appeals courts take up the issue.

  • October 29, 2014

    ND Top Court Upholds Restrictions On Medication Abortions

    A North Dakota law that severely restricts access to drug-induced abortions will remain in place after the state’s highest court failed on Tuesday to reach an agreement on whether the law is unconstitutional.

  • October 29, 2014

    Gov't Contractor Indicted For Alleged $116M Drug Return Plot

    A company tasked with returning expired drugs for health care providers and the U.S. government stole $116 million worth of refunds from pharmaceutical manufacturers and then obstructed a subsequent investigation into the scheme, according to a grand jury indictment unsealed Wednesday.

  • October 28, 2014

    Ohio Hospital Group Dodges Rival's Antitrust Suit

    An Ohio federal judge has put an end to a small Dayton hospital's claims that larger rival Premier Health Partners had tried to stifle competition by keeping the hospital from getting access to key physician referrals and insurance networks, saying the defendants count as a single entity.

  • October 28, 2014

    Jury Hits Health Care Co. With $500K Verdict In Bias Suit

    A Texas federal jury has awarded about $500,000 to three former employees of medical services provider EmCare Inc. who were subjected to sexual harassment and fired in retaliation for reporting the behavior, the U.S. Equal Employment Opportunity Commission announced Monday.

  • October 28, 2014

    WellCare Hit With FCA Suit Over Denied Hospital Stays

    Several ex-employees of WellCare Health Plans Inc. have accused the Medicare and Medicaid plan provider of violating the False Claims Act by holding on to government funds meant to cover patient hospital stays even after rejecting requests for coverage, according to a suit unsealed in Florida federal court Monday.

  • October 28, 2014

    Medical, Atty Groups Look To Upend NJ PIP Rules

    Groups representing ambulatory surgical centers and physicians joined forces with attorney organizations before the New Jersey Appellate Division on Tuesday in challenging regulatory changes to the handling of personal-injury protection benefits under auto insurance policies in the state.

  • October 28, 2014

    Pa. Court Won't Reconsider NLRB Subpoenas In UPMC Suit

    A Pennsylvania federal judge on Monday reluctantly denied requests by the University of Pittsburgh Medical Center to reconsider a ruling allowing the National Labor Relations Board to enforce subpoenas related to UPMC's alleged efforts to quash union activity, saying the court lacks authority to review the board’s administrative process.

  • October 27, 2014

    7th Circ. Rebuffs Medicare Research Funding Case

    The Seventh Circuit refused Friday to rehear Rush University Medical Center's Medicare reimbursement dispute en banc, saying no member of the court voted to revisit a decision disallowing Medicare compensation for the teaching hospital's "pure research” costs.

Expert Analysis

  • 'Green Revolution' Is Here — Try Not To Lose Your Head

    William J. Simonitsch

    "Ganjapreneurs" beware. Cannabusiness is fraught with risk, even when legal under state law, and bankruptcy does not appear to be an option for anyone in the supply chain, says William Simonitsch of K&L Gates LLP.

  • Recall Or Enhancement? Read These Medical Device Rules

    Pamela F. Forrest

    A significant departure in the U.S. Food and Drug Administration's final guidance on distinguishing medical device recalls from enhancements involves changes to references of nonviolative devices and nonviolative labels — the addition of a new warning now will not be considered a recall, say attorneys at King & Spalding LLP.

  • How To Handle Ebola Fear In The Workplace: 4 Scenarios

    Mark A. Konkel

    An employee has just returned from a trip to West Africa. Can you require him to stay home, essentially quarantined, for 21 days? This is just one scenario in which fears of Ebola may implicate an employer's obligations under a number of laws — not least of which are disability discrimination laws prohibiting differential treatment based on a perception of someone's physical condition, say attorneys with Kelley Drye & Warren LLP.

  • HHS Looks To Existing Procurement Tool For Ebola Drugs

    Jennifer Plitsch

    For companies with an interest in assisting the government in its Ebola prevention and treatment efforts, a strong working understanding of a broad agency announcement originally issued by the U.S. Department of Health and Human Services in 2009 is vital, say Jennifer Plitsch and Michael Wagner of Covington & Burling LLP.

  • Use Social Media For Legal Service Only As A Last Resort

    Steven Richard

    Courts remain largely skeptical about allowing litigants to serve and notify evasive parties of legal proceedings through their social media accounts. A recent split ruling by the Oklahoma Supreme Court shows the competing considerations, say Steven Richard and Britt Killian of Nixon Peabody LLP.

  • 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.