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  • June 22, 2018

    BREAKING: Xerox Can't Blame Doctors In $1B Texas Medicaid Fraud Row

    Xerox Corp. can’t try to share the blame for what Texas alleges is a $1 billion civil Medicaid fraud with orthodontists who allegedly provided unnecessary services to poor children, the Texas Supreme Court held Friday.

  • June 21, 2018

    Split 9th Circ. Ditches Own Precedent In Nu Image Union Row

    A divided Ninth Circuit ruled Wednesday that film producer Nu Image Inc. can't sue in federal court over a union contract provision requiring it to pay into health and pension funds, in a decision that pitted a U.S. Supreme Court ruling against the appeals court’s own precedent.

  • June 21, 2018

    NYU Hospital Can't Prove Rivals Used Antitrust Tactics

    NYU Hospitals Center has made no showing of an illegal conspiracy between rival hospitals, a union and a former collective labor contracts negotiator, a New York federal judge ruled Wednesday, dismissing the hospital’s antitrust claim while allowing it to pursue allegations that it overpaid into an employee benefit fund.

  • June 21, 2018

    HCR ManorCare Presents New Ch. 11 Plan with Better Deal

    Assisted living company HCR ManorCare Inc. returned to Delaware bankruptcy court Thursday to receive approval for an updated Chapter 11 plan that will increase recoveries for equity holders if the acquirer of the debtor’s assets closes a merger of its own.

  • June 21, 2018

    TransCare Trustee Pressed On $10M Suit Against Lynn Tilton

    Asked on Thursday to explain the gist of a $10 million clawback suit against Lynn Tilton and her private equity firm, Patriarch Partners LLC, counsel for the liquidating trustee of TransCare Corp. said the distressed-debt maven breached a legal duty to protect the ambulance operator from ruin.

  • June 21, 2018

    PBMs, Insurers Back Anthem, Express Scripts In Pricing Suit

    Two trade associations for pharmaceutical benefits managers and health insurers have thrown their support behind Anthem Inc. and Express Scripts Inc. in a dispute at the Second Circuit over the companies’ drug pricing, arguing that the companies weren’t acting as fiduciaries when they contracted together.

  • June 21, 2018

    Texas Patient Shot By Hospital Guards Gets Claim Trimmed

    A man who says he was shocked with a stun gun, shot and arrested by hospital security as he was having a manic episode cannot pursue a negligence claim against the medical center because it is technically a health care liability claim requiring a qualified expert witness, but his other claims can move forward, a Texas appeals court ruled Thursday.

  • June 21, 2018

    Pa. AG, Tobacco Cos. Ink $357M Deal Ending Payment Row

    Pennsylvania Attorney General Josh Shapiro on Thursday said he struck a nearly $357 million deal to resolve two decades' worth of disputes, along with potential future fights, with a handful of tobacco companies over payments related to a 1998 master settlement agreement.

  • June 21, 2018

    Immigrant Kids Are Forcibly Medicated At Shelters, Suit Says

    Migrant children detained in a Texas youth facility are regularly placed on psychotropic medications without their parents’ consent and are forcibly sedated and physically abused by staff, according to affidavits filed as part of a class action alleging the government violated a 1997 settlement that set standards of care for detained immigrant children.

  • June 21, 2018

    Carlyle Collects $6.55B For Latest Asian PE Fund

    The Carlyle Group LP has clinched its latest Asia-focused fund after raising $6.55 billion, the private equity giant said Thursday, with plans to make investments in sectors like retail, financial services, telecommunications, media, health care, and industrials.

  • June 20, 2018

    Fla. Nursing Home's Suspension For Irma Failures Affirmed

    A Florida appellate panel ruled Wednesday that a license suspension for a nursing home where 12 patients died last year in the aftermath of Hurricane Irma was proper, saying the emergency suspension imposed by state health officials was supported by detailed allegations of an immediate and serious danger to patients.

  • June 20, 2018

    Senate Fails To Pass $15B In Cuts To CHIP, Car Tech Funding

    The U.S. Senate voted down President Donald Trump’s attempt to pull back $15 billion in already authorized spending for the Children’s Health Insurance Program, car technology research and other areas Wednesday, as two key Republican senators joined Democrats to torpedo the proposal.

  • June 20, 2018

    House Passes Bills On Opioid Patient Info Sharing, Treatment

    The U.S. House of Representatives on Wednesday passed more bills aimed at tackling the nation's opioid crisis, including a measure allowing medical professionals to share information about patients with opioid use disorder and another providing more treatment options for addicted Medicaid recipients.

  • June 20, 2018

    CMS Eyes Broad Easing Of Stark Law Restrictions

    The Centers for Medicare & Medicaid Services on Wednesday expressed interest in widespread easing of Stark Law restrictions on physician referrals, asserting that relaxed standards will clear the way for coordinated care among different providers.

  • June 20, 2018

    Chinese Blank Check Co. New Frontier Upsizes IPO To $230M

    China-focused blank check company New Frontier Corp. on Wednesday said it is boosting the funding goal for its initial public offering to $230 million as it looks to target investment opportunities in the Chinese health care, technology and education sectors.

  • June 20, 2018

    Feds Fight Convicted Ex-Valeant Exec's Claims Of Juror Bias

    Prosecutors told a New York federal court Tuesday that a former Valeant Pharmaceuticals International Inc. manager’s conviction over a $9.7 million kickback plot can’t be scrapped just because one of the jurors in the case didn’t disclose that she was involved in a civil lawsuit, saying the exec’s motion for a new trial should be denied.

  • June 20, 2018

    FCC Nominee Starks Says He'll Focus On Telemedicine

    Geoffrey Starks, the next Democrat nominated to fill a Federal Communications Commission vacancy, emerged as an ardent supporter of internet subsidy programs and telemedicine initiatives Wednesday, testifying before the Senate Committee on Commerce, Science and Transportation that he takes the FCC’s role in expanding broadband service seriously.

  • June 20, 2018

    Mintz Levin Adds Ex-MoFo Corporate Partner In San Diego

    Mintz Levin Cohn Ferris Glovsky and Popeo PC has hired a former Morrison & Foerster partner who advises insurers, software clients, and medical device and life sciences companies in billion-dollar mergers and acquisitions, securities offerings, and corporate governance, Mintz Levin announced recently.

  • June 20, 2018

    Sen. Grassley Wants Action On Wasteful Spending At DOD

    Sen. Chuck Grassley, R-Iowa, raised concerns Tuesday about $81.2 million in TRICARE overpayments by the Defense Health Agency and urged the nation's defense chief to focus on ending wasteful spending at the Pentagon.

  • June 20, 2018

    Ex-Ascension Health Worker's Disability Claim Reopened

    A Missouri federal judge on Tuesday ordered a claims administrator to reopen a former Ascension Health Alliance employee's claim for long-term disability benefits and consider whether the side effects of her medications kept her from working, rejecting the parties' bids for quick wins in the dispute.

Expert Analysis

  • FDA Clarifies Communication Rules For Medical Product Cos.

    Douglas Hallward-Driemeier

    The U.S. Food and Drug Administration recently provided drug and device manufacturers additional flexibility to convey certain types of truthful, nonmisleading product information. These guidance documents address FDA regulation of manufacturer communications, but the FDA still has work to do to complete its comprehensive review of policies in this area, say attorneys at Ropes & Gray LLP.

  • Opinion

    BigLaw's Associate Salary Model Is A Relic Of A Bygone Era

    William Brewer

    Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.

  • Life Sciences Cos. Should Assess Charitable Donations Programs

    Gary Giampetruzzi

    This year, the U.S. Attorney's Office for the District of Massachusetts has investigated several life sciences companies for their donations to independent copay assistance charities. As the list of investigations grows longer, life sciences companies should reassess their policies, procedures and monitoring regarding donations, say attorneys at Paul Hastings LLP.

  • 10 Steps To Modernizing Corporate Integrity Agreements

    John Bentivoglio

    A recent report by the U.S. Government Accountability Office highlights the important role corporate integrity agreements play in protecting federal health care programs when federal laws are violated. Given their central role in promoting compliance, it is time for the U.S. Department of Health and Human Services’ Office of Inspector General to update its templates and approach, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Rebuttal

    Physician Observation Billing Concerns Are Unwarranted

    Sheree Kanner

    A recent Expert Analysis article titled “Challenges In Billing Physician Observation Services” needlessly raises concern among hospitals and physicians about proper billing by physicians for Medicare observation services, says Sheree Kanner of Hogan Lovells.

  • New Frontier Of US Health Info Regulation Comes From EU

    Nancy Libin

    While the U.S. Department of Health and Human Services Office of Civil Rights has been quiet recently with respect to Health Insurance Portability and Accountability Act enforcement actions, the newly empowered EU data protection authorities will be eager to flex their muscles and show that the General Data Protection Regulation’s extraterritorial reach is not only real, but that noncompliance can be painful, say Nancy Libin and David Saunders of Jenner & Block LLP.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • An Anti-SLAPP Motion In Name Only

    Joseph Gjonola

    The Ninth Circuit’s decision last month in Planned Parenthood v. Center for Medical Progress has effectively turned the anti-SLAPP motion into a hybrid of typical motions to dismiss and motions for summary judgment. As a result, defendants have lost the primary benefit of the anti-SLAPP process, says Joseph Gjonola of Roxborough Pomerance Nye & Adreani LLP.

  • FTC In Full Force: What To Expect From New Leadership

    Lucy Morris

    While headlines proliferate about the recent political shake-ups at the nascent Consumer Financial Protection Bureau, the century-old Federal Trade Commission, with less fanfare, finally has a full slate of five commissioners for the first time since 2015, say Lucy Morris and Kavitha Subramanian of Hudson Cook LLP.