• July 23, 2014

    Mass. AG, Hospital Strike Deal On Unencrypted Data Loss

    A Rhode Island-based hospital has agreed to a civil penalty and making data security improvements to resolve the Massachusetts attorney general's allegations that the hospital failed to adequately protect personal and health data stored on unencrypted backup tapes that went missing in 2012, the regulator said Wednesday.

  • July 23, 2014

    Medical Dispatchers Stay Certified In Calif. OT Row

    A California judge on Wednesday refused to reconsider his decision granting class certification to more than 300 medical dispatchers who allege American Medical Response Inc. and its Southern California branch shorted their wages, saying the plaintiffs' lack of a specific trial plan isn't enough to invalidate certification.

  • July 23, 2014

    Fla. Appeals Court Won't Lift Stay On Gay Marriage Ruling

    A gay couple in Florida who last week secured a trial court decision overturning a state ban on same-sex marriages were denied their appeal Wednesday of the judge's decision to stay the ruling while the state appeals.

  • July 23, 2014

    Tenn. Residents Sue State Over Delayed Medicaid Coverage

    A group of Tennessee residents launched a putative class action in federal court Wednesday alleging state officials adopted unlawful and dysfunctional policies making it harder for residents to enroll in the state’s Medicaid program as an act of defiance against implementing the Affordable Care Act.

  • July 23, 2014

    Health Care Cases To Watch In The 2nd Half Of 2014

    The final months of 2014 will witness high-stakes court decisions, briefings and oral arguments in a number of major health care cases, shaping the future of state medical board independence, False Claims Act litigation and the Affordable Care Act’s controversial cost-cutting panel.

  • July 23, 2014

    Select Medical Hit With FCA Suit Over Length Of Patient Stays

    A Wisconsin federal judge on Tuesday unsealed a whistleblower suit brought under the False Claims Act alleging Select Medical Holdings Corp. performed medically unnecessary treatments at a long-term acute care hospital to fraudulently maximize reimbursements from the Centers for Medicare and Medicaid Services.

  • July 22, 2014

    Care1st Tells Judge Lost Data Didn't Harm Patients

    Care1st Health Plan on Tuesday urged a California judge to toss a putative class action alleging the managed care organization failed to encrypt members' private medical information on a computer disk that was misplaced, saying the proposed class can't show they were actually harmed by the purported leak.

  • July 22, 2014

    Walgreen Says Rival Pharmacy Poached Ex-Employees

    Walgreen Co. on Monday sued competitor Pharmacy Solutions Inc. in Idaho federal court, accusing its rival of poaching managers who possess trade secrets from an Idaho business specializing in home infusion therapy that Walgreen had acquired only months before.

  • July 22, 2014

    Texas Court Says State Workers Can't Be Served Via AG

    A Texas appeals court on Tuesday dismissed medical malpractice claims against a nurse who worked at a University of Texas-affiliated hospital, ruling the plaintiff failed to meet statutory requirements by serving an expert report on the state attorney general’s office instead of the nurse.

  • July 22, 2014

    Fla. Gay Marriage Ban Will Remain Intact During Appeal

    Gay couples hoping to wed in Florida following Thursday's ruling overturning a state ban on same-sex marriages must wait out the appeals process, the state judge who issued the ruling said on Monday, denying a motion to lift the automatic stay prompted by the state's appeal.

  • July 22, 2014

    9th Circ. Snubs $200M Planned Parenthood FCA Suit

    The Ninth Circuit on Tuesday affirmed the dismissal of a former California Planned Parenthood executive's False Claims Act suit alleging the nonprofit overbilled state and federal governments for more than $200 million for birth control, saying the complaint was flawed and the action was time-barred.

  • July 22, 2014

    Brooklyn Residents Sue To Block NY Methodist Expansion

    A group of Park Slope, Brooklyn, residents have launched a suit against the city of New York and New York Methodist Hospital seeking to reverse approvals the Board of Standards and Appeals gave for the hospital's controversial 485,000-square-foot expansion.

  • July 22, 2014

    4th Circ. Contradicts DC Circ. In ACA Subsidies Debate

    The Fourth Circuit on Tuesday determined that the federal government could subsidize insurance premiums on the federal Affordable Care Act exchange because the tax credits support the mission of the health care reform law, coming in conflict with a D.C. Circuit opinion released just hours before.

  • July 22, 2014

    Noel Canning Has No Bearing On 3rd Circ. Ruling, NLRB Says

    National Labor Relations Board attorneys told the Third Circuit on Monday that the U.S. Supreme Court's recent decision invalidating three appointments to the board should not impede on a case over a rehabilitation center's refusal to bargain with a nurses union.

  • July 22, 2014

    Hinshaw Expands Its Phoenix Office With Ogletree Hire

    National law firm Hinshaw & Culbertson LLP has hired an employment litigator from Ogletree Deakins Nash Smoak & Stewart PC as partner to continue the expansion trend at its Phoenix office, the firm has announced.

  • July 22, 2014

    Judge Axes Sen.'s Suit Over ACA Exemptions For Congress

    A Wisconsin federal judge on Monday tossed a suit by by Sen. Ron Johnson, R-Wis., seeking to block allegedly special treatment for federal lawmakers under the Affordable Care Act, saying the lawmaker couldn't prove he suffered an injury to have standing to bring suit.

  • July 22, 2014

    ACA Exchanges Dealt Blow As DC Circ. Limits Subsidies

    A divided D.C. Circuit on Tuesday ruled that consumers shopping on Affordable Care Act exchanges run by federal regulators cannot have their insurance premiums reduced by federal tax credits, a major decision that once again clouds the landmark law's future.

  • July 21, 2014

    Biggest Health Care Cases Of 2014: Midyear Report

    Courts during the first half of 2014 handed down a number of important rulings that will shape the hottest topics in health care, including provider consolidation, employee benefits under the Affordable Care Act and the availability of attorney-client privilege in False Claims Act litigation.

  • July 21, 2014

    LA Sues Hospital For Spinal Implant Overbilling Scheme

    Los Angeles County sued a Long Beach hospital, its former president, and medical device company International Implants LLC in California court Friday, claiming their scheme to inflate the cost of spinal surgery equipment cost the county's workers' compensation plan millions of dollars.

  • July 21, 2014

    Sutter Health Beats Patient Data Theft Claims On Appeal

    A California appeals court on Monday reversed a decision holding Sutter Health accountable after a computer containing millions of patient records was stolen, finding that the plaintiffs who brought the $4 billion suit hadn't shown that unauthorized people looked at their data.

Expert Analysis

  • Your State Contract May Prohibit Offshore Outsourcing

    Merle DeLancey

    A recent report from the U.S. Department of Health and Human Services Office of the Inspector General resurfaced the issue of offshoring restrictions in the context of Medicaid contracts. This easily overlooked issue has been percolating to the top of the list for government agencies, state attorneys general and, perhaps, qui tam plaintiffs’ attorneys, say attorneys with Dickstein Shapiro LLP.

  • Amid M&A Uptick, Bidders Must Heed Recent UK Code Changes

    Ilan Kotkis

    Potential bids by U.S. suitors for U.K. target companies in the pharmaceutical and health care sectors seem to be a recurring theme this year, however there are consequences from unsolicited bids that must be kept in mind when dealing with the U.K. Takeover Code, says Ilan Kotkis of King & Spalding LLP.

  • Employers May Have Opportunity In ACA Legislative Flaw

    Robert C. Christenson

    Employers still on the fence in terms of providing qualifying health care coverage for their employees see new hope in the D.C. Circuit's ruling in Jacqueline Halbig v. Burwell because the case points to a possible legislative flaw that would exempt employers in 36 of the 50 states from the "pay-or-play" tax that underlies the Affordable Care Act, says Robert Christenson of Fisher & Phillips LLP.

  • Healthfirst Will Help Define '60-Day Rule' For FCA Cases

    Robert Homchick

    State of New York v. Healthfirst Inc. — one of the first cases to test the bounds of the Affordable Care Act's 60-day overpayment rule — may provide insights into the enforcement priorities of federal and state agencies, the interpretation of the 60-day rule by a federal court, and the willingness of courts to impose potentially massive civil penalties, say Robert Homchick and Adam Romney of Davis Wright Tremaine LLP.

  • Government Seeks To Outsource Criminal Enforcement

    Nathan Hochman

    The prosecution of FedEx Corp. for allegedly failing to heed signs that illegal Internet pharmacies were using its facilities represents a significant expansion of the U.S. Department of Justice’s efforts to outsource law enforcement to private third parties and then go after these third parties when they fail to meet an undefined standard of compliance, rather than focus on the criminals, say attorneys with Bingham McCutchen LLP.

  • Trial-Ready In 180 Days: Prepare For SDNY's Rocket Docket

    Isaac S. Greaney

    A growing trend in the Southern District of New York akin to a sua sponte rocket docket can provide defendants with an opportunity to set the tone of discovery and shift the burden and risks of the schedule to their adversaries, say Isaac Greaney and Jackie Lu of Sidley Austin LLP.

  • The Promise And Problem Of Genomic Marketing

    Ivan J. Wasserman

    Genomic scientific advances have brought the promise of "personalized medicines" to consumers, creating opportunities for marketers that have in turn brought the attention of the Federal Trade Commission and U.S. Food and Drug Administration, say Ivan Wasserman and La Toya Sutton of Manatt Phelps & Phillips LLP.

  • Lessons From Omnicare Settlement In 'Swapping' Cases

    Katherine A. Lauer

    The Omnicare settlements, while not adding to the substantive case law, do demonstrate that these swapping cases will likely become more common in the coming years as more qui tam relators are tempted by these and other large settlements, say Katherine Lauer and Amy Hargeaves of Latham & Watkins LLP.

  • EPA May Threaten Reverse Distribution Of Pharmaceuticals

    Jonathan E. Wells

    The U.S. Environmental Protection Agency may adopt starkly different approaches toward regulating nonhazardous pharmaceuticals and pharmaceuticals containing hazardous ingredients, with additional inconsistencies between health care facilities and other retailers — a regulatory nightmare for industry, say Jonathan Wells and Elise Paeffgen of Alston & Bird LLP.

  • Powerful Tools For Discovery And Litigation Strategy

    Nathalie Hofman

    Analytics offer opportunities for refining both discovery strategy and overall litigation strategy by providing information to support better informed decisions. As an added bonus, they can result in significant cost savings, say Nathalie Hofman and Carolyn Southerland of Huron Consulting Group Inc.