Health

  • April 27, 2017

    HealthNet, IU Health Pay $18M To End Whistleblower Suit

    HealthNet Inc. and Indiana University Health Inc. have agreed to pay $18 million to resolve allegations brought by a whistleblower that the health care providers submitted false health claims and violated federal anti-kickback laws, the U.S. Department of Justice said Thursday.

  • April 27, 2017

    $9.6M Birth Injury Award Tossed Due To Lack Of ACA Info

    A California appeals court on Thursday tossed a jury's $9.57 million award to a boy who suffered a brain injury at birth for his future medical expenses, ruling the jury should have heard evidence about the benefits he could obtain under the Affordable Care Act and Medicaid.

  • April 27, 2017

    Group Sues For Trump Transition's Climate Questionnaires

    A group formed by former White House attorneys filed two suits in D.C. federal court Thursday accusing the U.S. Departments of Energy and Health and Human Services of ignoring requests for records concerning Trump transition team questionnaires given to agency employees about their climate change and Affordable Care Act work.

  • April 27, 2017

    GAO Says NIH Wrongly Skipped SBA Review Of IT Deal Bidder

    The U.S. Government Accountability Office in a decision made public Thursday ruled that the National Institutes of Health had wrongly excluded a company from consideration for a massive information technology contract, saying the NIH should have let the U.S. Small Business Administration review the company’s claimed lack of health-related experience.

  • April 27, 2017

    Investors Want Venture Funds Kept Out Of Theranos Suit

    Investors who purchased Theranos Inc. stocks through venture funds on Wednesday urged a California federal court not to rope the funds into the litigation, arguing there’s no risk of double recovery and that the securities fraud lawsuit won’t be hindered without their presence.

  • April 27, 2017

    Wash. Judge Keeps Most Claims Against Nooksack Officials

    A Washington federal judge on Wednesday largely preserved a suit against Nooksack Tribal Council members and other officials by several tribe members seeking to stave off disenrollment, deferring to the U.S. Department of the Interior’s decisions that the council members don’t currently have the authority to represent the tribe.

  • April 27, 2017

    Christie Targets Horizon's Salaries In Health Reform Bill

    New Jersey Gov. Chris Christie took aim at Horizon Healthcare’s Medicaid arm Thursday in proposing legislation that would authorize the state to probe insurers’ potential breaches of obligation to subscribers, citing the “millions” the taxpayer-supported charity’s executives collect in compensation while others struggle to afford health care.

  • April 27, 2017

    Nurses Seek Class Cert. In Dallas Hospital Chain FLSA Suit

    A Dallas nurse who brought a Fair Labor Standards Act collective action against Methodists Hospitals of Dallas in July — alleging the hospital system routinely docks nurses' pay for meal breaks the nurses do not take — on Thursday asked a federal judge in Texas for conditional certification.

  • April 27, 2017

    ACA Watch: Health Groups Balk At Revamped Repeal Bill

    Major health care groups are bringing out the knives as the Trump administration and House Republicans rejigger legislation to largely repeal and replace the Affordable Care Act, saying newly announced changes do not strengthen the bill and may actually weaken it.

  • April 27, 2017

    FDA Nominee Clears Senate Panel Despite Dems' Criticism

    The Senate Committee on Health, Education, Labor and Pensions on Thursday advanced the nomination of Scott Gottlieb to lead the U.S. Food and Drug Administration, a vote that included modest support from Democrats despite criticism of Gottlieb’s close industry ties.

  • April 27, 2017

    Abuse Of Process Claims Rooted In 'Bad Blood,' Pa. Atty Says

    One of the lawyers accused of abusing civil procedure in the pursuit of sanctions against a Philadelphia-area medical malpractice defense attorney who was hit with a since-overturned $1 million penalty shrugged off her claims Wednesday as “bad blood and unprofessional conduct."

  • April 27, 2017

    Calif. Senate Committee OKs Single-Payer Health Care Plan

    A committee of California senators on Wednesday took the state one step closer toward enacting universal health coverage with an affirmative vote for the Healthy California Act, a sweeping proposal to provide health care to all California residents with a publicly run plan.

  • April 27, 2017

    KBL Merger Files $100M IPO To Pursue Health Care Buy

    Blank check company KBL Merger Corp. IV filed a $100 million initial public offering on Wednesday, setting its sights on a health care acquisition, guided by Ellenoff Grossman & Schole LLP.

  • April 27, 2017

    Boston Hospital Pays $10M To End Research Fraud Probe

    Boston's Brigham and Women's Hospital and its parent company on Thursday agreed to pay $10 million to settle a federal probe of grant-funding fraud at a stem cell laboratory.

  • April 27, 2017

    South Korea Fines Novartis $48M Over Bribes To Doctors

    South Korea’s Ministry of Health and Welfare has fined Novartis 55 billion South Korean won ($48 million) and stopped reimbursements for the Alzheimer's drug Exelon and chemotherapy drug Zometa after six of the company’s executives were charged with bribing doctors to use their products, the drugmaker confirmed Thursday.

  • April 27, 2017

    Books Demand For Universal Health In Wake Of Fraud Probe

    Embattled psychiatric hospital operator Universal Health Services Inc. was hit with a shareholder suit Wednesday in Delaware’s Chancery Court by a pension plan demanding to see records relating to allegations that UHS hospitals routinely exaggerate patients’ risk of suicide in order to hold them involuntarily and collect insurance payments.

  • April 27, 2017

    Class Cert. Bid On Ambulance Co. Rest Break Claims Revived

    A California appeals court has said a trial court’s denial of class certification to a group of ambulance service company employees alleging the company’s meal and rest period policies violate state law rested in part on an incorrect legal assumption about the rest periods, sending the case back to the lower court.

  • April 27, 2017

    Feds Denied Say In Medicare FCA Suit After $348M Award

    A Florida federal judge refused Wednesday to permit a “statement of interest” from the government five years after prosecutors declined to intervene in a False Claims Act suit that yielded a nearly $348 million judgment against nursing home operators, finding money to be the government’s only real interest.

  • April 26, 2017

    Fraudster In $172M Scheme Seeks A Light Sentence

    A man who caused about $2.8 million in losses to government and private insurers as part of a $172 million scheme involving fraudulent prescriptions asked a Florida federal court Tuesday for a light sentence, possibly only probation.

  • April 26, 2017

    Trump Set To Sign Order To Overhaul VA Employee Discipline

    President Donald Trump will sign an executive order Thursday setting up a new office within the U.S. Department of Veterans Affairs intended to come up with ways to help it more effectively punish or fire misbehaving employees and better protect whistleblowers, VA Secretary David Shulkin said.

Expert Analysis

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • Title VII Takeaways From Hively V. Ivy Tech

    Andrew Melzer

    The Seventh Circuit's recent opinion in Hively v. Ivy Tech Community College, finding that Title VII extends to sexual orientation, bodes well for victims of sexual orientation discrimination. Such a decision coming out of a widely influential yet relatively middle-of-the-road circuit gives clear cover to panels in other circuits to follow its lead, say Andrew Melzer and James Richardson of Sanford Heisler Sharp LLP.

  • Gov't Nonintervention In Agape And Future FCA Cases

    Joshua Hill

    The Fourth Circuit's recent Agape decision is a reminder that the government’s nonintervention in a False Claims Act case should not be mistaken for government disinterest, says Joshua Hill of Morrison & Foerster LLP.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • Protecting Communications From PR Privilege Issues

    Donna Fisher

    Two recent opinions out of Pennsylvania and California state courts offer important lessons for avoiding claims of privilege waiver when using public relations consultants during litigation, say attorneys with Pepper Hamilton LLP.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

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    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.

  • In Congress: A Major Fiscal Deadline

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    The current continuing resolution expires at midnight on April 28, leaving Congress very little time to strike a deal to keep the government funded and avert a shutdown. Complicating things are reports that the White House may also be pressuring House leadership to schedule a vote this week on a new version of the health care “repeal and replace” bill, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

    Robert Creo

    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • A Closer Look At 'Preemptive' Federal Contract Terms

    Lawrence Ebner

    Subrogation of insureds’ third-party claims is not a subject that excites too many lawyers, but the U.S. Supreme Court’s decision Tuesday in Coventry Health Care of Missouri Inc. v. Nevils will be of interest to anyone who tracks the court’s federal preemption jurisprudence, says Lawrence Ebner of Capital Appellate Advocacy PLLC.