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  • September 18, 2018

    Nixing Bonuses, Judge OKs Health Co.'s Ch. 11 Financing

    A New York bankruptcy judge gave health screening company Provant Health provisional approval for its debtor-in-place Chapter 11 financing Tuesday, but turned down its proposal to pay up to $650,000 in bonuses to be split among four top executives.

  • September 18, 2018

    Singapore Developer Lands REIT Manager For $72.1M

    Singapore-based property developer OUE Ltd. and its health care-focused subsidiary said on Tuesday that they have agreed to acquire a combined 100 percent stake in Bowspirit Capital Corp. Ltd., the manager of health care real estate investment trust First Real Estate Investment Trust, for a total of SG$98.9 million ($72.1 million).

  • September 18, 2018

    Ban On Prescription Drug 'Gag Clauses' Clears Senate

    The U.S. Senate has passed a piece of bipartisan legislation designed to bar the practice of hiding lower prescription drug costs from patients, the authors of the bill announced Monday.

  • September 18, 2018

    Boston Scientific Faces Chancery Suit For Ending $275M Deal

    Medical technology developer Channel Medsystems Inc. sued Boston Scientific late Monday in Delaware's Chancery Court, claiming an unjustified breach of a $275 million agreement to buy Channel and its potential breakthrough device for treating heavy menstrual bleeding.

  • September 18, 2018

    AbbVie Kickbacks Tainted $1.3B In Humira Claims, Calif. Says

    AbbVie Inc. generated nearly $1.3 billion in tainted health insurance claims for its blockbuster immunosuppressant Humira by paying kickbacks in the form of cash, alcohol, trips and an elaborate network of “nurse ambassadors,” California regulators said in a complaint filed Tuesday.

  • September 18, 2018

    NJ Man Can't Get Lab Tech Names In $1M Medicare Fraud Row

    A New Jersey federal judge refused to order the government to turn over a list of medical laboratory technicians who are witnesses in a $1 million Medicare fraud case against a lab salesman, siding Tuesday with the government's argument that the request was “entirely inappropriate.”

  • September 18, 2018

    Allscripts Wants Suit Over Ransomware Attack Tossed

    Electronic health record software giant Allscripts Healthcare Solutions Inc. has asked an Illinois federal judge to toss a proposed class action over a ransomware attack that allegedly put its health care clients and their patients at risk, saying the lawsuit lobs faulty claims at the wrong entity in the wrong forum.

  • September 18, 2018

    Senate Passes Final $857B Defense, Health Bill For 2019

    The U.S. Senate on Tuesday passed the final version of an $857 billion bill funding federal defense, labor and health spending for 2019, legislation that will also temporarily extend other federal funding through early December to avoid a government shutdown ahead of the midterm elections.

  • September 18, 2018

    Ore. Pot Biz Owner Gets 7 Months For Federal Tax Crimes

    An Oregon federal court on Monday sentenced a part-owner and operator of medical marijuana dispensaries to seven months in prison and ordered him to pay some $260,000 restitution in what the U.S. Department of Justice calls the first sentencing of a legal marijuana business owner in the state for federal tax crimes.

  • September 18, 2018

    Mass. Hospital Rips FCA Claims Med Students Not Supervised

    Massachusetts General Hospital argued Monday that a former anesthesiologist’s False Claims Act lawsuit citing specific bills fails to properly show that the renowned teaching hospital overbilled government health programs for time patients spent in the care of unsupervised doctors-in-training or waiting on overbooked surgery units.

  • September 17, 2018

    No Kickback Fines For Implant Refunds, HHS Watchdog Says

    An orthopedic implant maker won’t face Anti-Kickback Statute penalties for offering refunds to incentivize purchases of its products, according to an opinion released Monday by the Office of Inspector General for the U.S. Department of Health and Human Services.

  • September 17, 2018

    Insurer's Bid For Docs In Brain Damage Case Mostly Denied

    A Texas magistrate judge on Friday largely denied an insurer’s request for documents from a surgery center accused of causing brain damage to an ankle-injury patient, finding they were shielded by either attorney work-product protections or a state law that keeps medical care review records confidential.

  • September 17, 2018

    DOJ Clears $67B Cigna-Express Scripts Deal

    The U.S. Department of Justice cleared Cigna Corp.'s planned $67 billion purchase of pharmacy benefits manager Express Scripts Inc. on Monday without any conditions, five months after requesting additional information from the companies about the deal.

  • September 17, 2018

    Feds Can Still Seek Settlement Of Miss. 'Patient Dumping' Suit

    A Mississippi federal judge refused Friday to freeze settlement talks in a whistleblower suit over a hospital’s allegedly illegal “dumping” of uninsured emergency patients to another hospital and also refused to rule on an issue of first impression regarding the scope of the False Claims Act, instead ordering the government to make the next move.

  • September 17, 2018

    UnitedHealth Customers Lose Cert. Bid In Prosthetics Suit

    A proposed class accusing UnitedHealth Group Inc. and two subsidiaries of improperly denying coverage for prosthetic devices in violation of federal benefits law can't have their claims heard as a group, a California federal judge ruled Friday, finding the proposed class definition was too broad.

  • September 17, 2018

    Opioid MDL Stakes Rise For Pharmacy Benefit Cos.

    The nation’s biggest pharmacy benefit management companies should be forced to clamp down on painkiller prescriptions, according to a new motion that raises the stakes for PBMs in multidistrict litigation over the opioid epidemic and contains fresh signs of friction among plaintiffs attorneys.

  • September 17, 2018

    Armstrong Teasdale Heads Into Philly With Montgomery Chair

    St. Louis-based Armstrong Teasdale LLP is making its first inroad on the East Coast, opening an office in Philadelphia helmed by a former executive chairman of Montgomery McCracken Walker & Rhodes LLP, the firm announced Monday.

  • September 17, 2018

    IHS To Shift $25M Over Tribal Leaders' Objections

    The Indian Health Service told Native American leaders that the agency will take $25 million earmarked for inflation funding to cover costs for leases with tribes under the Indian Self-Determination and Education Assistance Act, despite the leaders' resistance to the plan.

  • September 17, 2018

    Central Fla. Behavioral Hit With Ex-Worker's FMLA Suit

    A former employee accused health care provider Central Florida Behavioral Health Network Inc. of violating the federal Family and Medical Leave Act by not informing her of her rights and firing her despite knowing she had a medical condition and needed ongoing care, according to a lawsuit filed Friday.

  • September 17, 2018

    Gleevec Buyers Say 1st Circ.'s Dismissal Misread Patent Law

    Buyers of the leukemia drug Gleevec urged a First Circuit panel on Friday to rehear its decision affirming the dismissal of a proposed class action accusing Novartis of using sham litigation to extend a monopoly over the medication, arguing the ruling went against “black-letter patent law.”

Expert Analysis

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Congressional Forecast: September

    Layth Elhassani

    The House and Senate are entering their respective final runs before the November midterm elections. The most pressing items of business are funding the government and the pending Senate confirmation of Brett Kavanaugh to the U.S. Supreme Court. But several lower-profile issues remain as well — including a Republican push for further tax reform, says Layth Elhassani of Covington & Burling LLP.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Lessons From 5th Circ. Mother-Son Health Care Fraud Case

    Mario Nguyen

    While a lack of intent is a common defense to the prosecution of high-level health care administrators, the Fifth Circuit's decision affirming the convictions of psychologist Rodney Hesson and his mother, Gertrude Parker, shows that there is more than one backdoor for the government to meet its burden, says Mario Nguyen of Locke Lord LLP.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • DOJ Is Getting Creative, And Aggressive, On Opioids

    Michael Blume

    Last month, the U.S. Department of Justice obtained court orders barring two Ohio doctors from selling controlled substances. The statutory provisions it used are broadly worded, and if past is prologue, the DOJ could be getting ready to demand big changes from any entity that is a part of the opioid supply chain, say Michael Blume and Todd Halpern of Venable LLP.

  • Opinion

    North Cypress V. Cigna Shows Perils Of Fee-Forgiving

    Jagger Esch

    Last month, a Texas federal court ruled that Cigna did not abuse its discretion when it reduced payments in response to fee-forgiving practices by North Cypress Medical Center. Health providers need to recognize that fee-forgiving is illegal, and enforce coinsurance payments for out-of-network services, says Jagger Esch of Elite Insurance Partners LLC.

  • Why Fla. Should Adopt Telehealth Legislation

    Morris Miller

    During its 2018 session, the Florida Legislature considered, but did not pass, a bill that would have reduced uncertainty surrounding reimbursement, practice standards and liability related to telehealth services. Legislation like this is needed to provide clarification and encourage the use of telehealth in appropriate circumstances, says Morris Miller of Holland & Knight LLP.

  • The Courts’ Take On Obama-Era Regs: You Are Erased

    Andrew Oringer

    It is at this point axiomatic that the Trump administration is intent on reversing significant portions of the Obama administration's regulatory activity. Interestingly, it seems that courts may pose another major risk to the survival of some Obama-era initiatives, say Andrew Oringer and Samuel Scarritt-Selman of Dechert LLP.