Health

  • December 15, 2017

    House, Trump Admin, States Settle ACA Subsidy Battle

    The Trump administration, the U.S. House of Representatives and 17 states embroiled in a legal battle over billions of dollars in Affordable Care Act subsidies have agreed to settle a dispute currently pending before the D.C. Circuit, according to an agreement filed in federal court Friday.

  • December 15, 2017

    Trump's ACA Birth Control Waivers Blocked By Pa. Judge

    A Pennsylvania federal judge on Friday temporarily blocked the Trump administration’s rules dialing back the Affordable Care Act’s contraception mandate through religious or moral exemptions for employers, saying the federal government failed to follow proper procedures in implementing the policies.

  • December 15, 2017

    $75M Alliance HealthCare Merger Elicits Appraisal Suit

    An investor in radiology and oncology services firm Alliance HealthCare Services Inc. filed an appraisal petition Friday in Delaware Chancery Court, seeking a court valuation of the investor's shares in the company following its $75 million acquisition by investment holding funds.

  • December 15, 2017

    Md. Court Affirms Probation For Doc Who Sold Rx's At Bar

    A physician who sold painkiller prescriptions to patients at a restaurant and bar had his two-year probation for unprofessional conduct upheld by a Maryland appeals court Wednesday after it found that the evidence supported the state board’s disciplinary decision.

  • December 15, 2017

    Del. High Court Affirms $2M Legal Fees To Ex-Optimis CFO

    A three-justice panel of the Delaware Supreme Court on Friday affirmed a lower court ruling granting a $2 million judgment for attorneys’ fees in favor of the former chief financial officer of physical therapy firm OptimisCorp after a fight over control of the company.

  • December 15, 2017

    No Kickback Penalties For Nursing Home Discounts, OIG Says

    A startup company won’t be hit with kickback penalties for arranging nursing home discounts for Medicare and Medicaid beneficiaries who have private health insurance, the Office of Inspector General of the U.S. Department of Health and Human Services said Friday.

  • December 15, 2017

    PTAB Invalidates Hologic Patent, Rejects Claim Fixes

    The Patent Trial and Appeal Board on Friday found a Hologic Inc. medical device patent was invalid and rejected a series of proposed substitute claims, following a recent Federal Circuit ruling many believed gave patent owners a better chance at amending patents in America Invents Act reviews.

  • December 15, 2017

    Texas High Court Frees Doctors From Defamation Suit

    Texas’ high court on Friday freed four University of Texas doctors from a defamation suit brought by a medical resident, rejecting the resident's attempt to skirt a state law that prevents him from naming both the state university and its employees in the suit.

  • December 15, 2017

    The Biggest New Jersey Cases Of 2017

    New Jersey’s federal and state courts served as key legal battlegrounds in the health care, competition and consumer protection realms this year, and hosted white collar prosecutions that ended with a congressman’s mistrial and a lawyer facing prison time. Here’s a look at four notable cases that taught lawyers a thing or two in 2017.

  • December 15, 2017

    Final GOP Tax Bill Settles On 21% Corporate Rate

    Republicans unveiled the final version of their tax cut bill on Friday that would impose a 21 percent flat rate on corporations, set the maximum individual tax rate at 37 percent and largely adopt the Senate’s proposal for pass-through businesses.

  • December 15, 2017

    7th Circ. Affirms Ending Of Policy Rate-Hike Class Action

    The Seventh Circuit affirmed the dismissal of a proposed class action against Continental Casualty Co. over dramatic increases in rates on long-term care policies Thursday, finding the class had not shown how the company had misled its customers about the increases when they made their purchase.

  • December 15, 2017

    Health Hires: Holland & Knight, EBG, Quarles, Ciitizen

    Over the last few weeks, Holland & Knight LLP, Epstein Becker Green, Quarles & Brady LLP and medical records startup Ciitizen have grown their health care and life sciences teams with pros from Laredo & Smith LLP, LifePoint Health and the U.S. Department of Health and Human Services.

  • December 15, 2017

    Doctor Certification Group Sheds Antitrust Case

    A nonprofit that oversees a group of medical specialty certification boards has not violated antitrust laws by teaming up with a hospital accreditation company to ensure hospital doctors are certified by its members, an Illinois federal judge has ruled.

  • December 15, 2017

    House-Senate Negotiators Approve GOP Tax Bill

    Republicans on Friday signed off on changes to their $1.5 trillion tax cut bill to settle differences between the House and Senate versions of the legislation, even as details of the final bill remain largely hidden.

  • December 14, 2017

    Rejecting Insanity Defense, Jury Convicts Doctor Of Fraud

    A California federal jury on Thursday convicted a family physician on five counts of health care fraud and five counts of making false statements to insurers, rejecting her defense that billing issues were caused by a mental illness while rejecting the government’s conspiracy and money laundering charges.

  • December 14, 2017

    Ill. Appeals Court Revives Hospital Worker's Retaliation Suit

    A man who claimed he was fired in retaliation for reporting sexual harassment at work will have his day in court, an Illinois appellate panel ruled Wednesday in reversing a trial court's dismissal of his case against an Illinois hospital.

  • December 14, 2017

    Gov't Misconduct Claims Blocked From Ex-Katten Atty Trial

    A Brooklyn federal judge on Thursday refused to allow allegations of government misconduct to be heard by jurors in the fraud trial of former Katten Muchin attorney Evan Greebel, after revealing that a witness claims a prosecutor told him to change his story, drop his legal action against Retrophin Inc. and pay the pharmaceutical company $170,000.

  • December 14, 2017

    NY High Court Says 'Wrongful Birth' Claims Start At Birth

    New York’s highest court ruled Thursday in favor of two couples claiming they wouldn’t have had children through a fertility clinic had they known the egg donor was a genetic defect carrier, saying the statute of limitations began running at birth, rather than the date of the alleged medical malpractice.

  • December 14, 2017

    DaVita Unit To Pay $64M To Resolve FCA, Kickback Claims

    The pharmacy unit of DaVita Inc. has agreed to pay $63.7 million to resolve False Claims Act allegations that it improperly billed and overcharged federal and state health care programs and violated the Anti-Kickback Statute by providing financial inducements to patients, the U.S. Department of Justice announced Thursday.

  • December 14, 2017

    Appeal Says Fla. Ignored Rules In Hospice License Denial

    A Florida appeals court on Thursday weighed whether the state Agency for Health Care Administration properly considered the presence of a regional monopoly in hospice services when it denied “certificate of need” approval to a provider seeking to start a new program in Sarasota County.

Expert Analysis

  • Alternative Fees: My Experience At Bartlit Beck

    J.B. Heaton

    Bartlit Beck was a wonderful place to work for 18 years, and the lawyers there are not only excellent attorneys but also great people. That said, and stating my biases upfront, it is possible for me to look analytically at the Bartlit Beck fee model and make some observations on the pros and cons of one version of alternative fees, says J.B. Heaton, founder of investment analytics company Conjecture LLC.

  • Considering Indication-Specific Pricing As A Solution

    Michael Cottler

    Practitioners should pay close attention to see whether indication-specific pricing is adopted for generic and biosimilar products. Though ISP is often proposed as a solution to rising health care costs, it is unclear whether it is compatible with the current legal frameworks in play, say Michael Cottler and Natasha Daughtrey of Goodwin Procter LLP.

  • Opinion

    Jurors Should Have An Active Voice In Trials

    Judge Amos Mazzant III

    We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three jury system improvements that will give jurors an active voice and role in our civil and criminal jury trials.

  • Series

    40 Years Of FCPA: An Update From The DOJ

    Daniel Kahn

    U.S. Department of Justice prosecutors and law enforcement partners have secured more foreign bribery-related trial convictions and guilty pleas this year than in any other year in the history of the Foreign Corrupt Practices Act, in fact by almost twice as much. These are all significant cases with significant impacts, says Daniel Kahn, chief of the DOJ's FCPA Unit.

  • Why Information Governance Is More Important Than Ever

    Linda Sharp

    It used to be that hiring a good law firm was the single most important thing a company could do when facing litigation. You could now make the case that an organization’s most powerful asset in prosecuting or defending a claim is its information, says Linda Sharp, associate general counsel of ZL Technologies and chair of the ACC Information Governance Committee.

  • Opinion

    BigLaw Is Behind The Automation Curve

    Michael Moradzadeh

    In its new report on the effects of automation in the workplace, McKinsey Global Institute identifies lawyers as less susceptible to the sort of automation that could put one-third of American workers out of a career by 2030. This may seem reassuring, but it doesn't mean automation won't disrupt our bottom line, says Michael Moradzadeh of Rimon PC.

  • Lessons On Losses From 3 Recent FCA Settlements

    Garrett Mott

    Three recent False Claims Act settlements can teach health care organizations important lessons, such as how swiftly and transparently reacting to government inquiries can save a company's bottom line and the public's trust, says Garrett Mott of Hanson Bridgett LLP.

  • Series

    40 Years Of FCPA: Compliance, Past And Future

    Hui Chen

    More than any other statute, the Foreign Corrupt Practices Act has fueled the growth of the compliance industry. While the expansion of corporate compliance is a positive development, the fear-driven and FCPA-centric approach has also produced unfortunate consequences, says ethics consultant Hui Chen, who served as the U.S. Department of Justice's first-ever compliance counsel.

  • Series

    40 Years Of FCPA: Cross-Border Efforts And Growing Risk

    Patrick Stokes

    The U.S. agencies’ increasing coordination with their foreign partners has led to more potent Foreign Corrupt Practices Act investigations — in terms of both their scope and settlement cost, say Patrick Stokes, former chief of the FCPA Unit at the U.S. Department of Justice, and Zachariah Lloyd of Gibson Dunn & Crutcher LLP.

  • What To Make Of CVS-Aetna And Other Megadeals

    Randy Gordon

    Under one view, large-scale mergers like the one proposed between CVS and Aetna are fine so long as they don’t restrict consumer choices and stifle innovation. But from another view, “bigness” can be an evil in its own right, says Randy Gordon of Crowe & Dunlevy PC.