• March 13, 2018

    NFL Board Must Redo Ex-Cornerback's Benefits Case

    A California federal judge on Monday ordered an NFL retirement plan board to re-evaluate former NFL cornerback Charles Dimry’s permanent disability benefits application after finding a plan board improperly defaulted to its appointed doctors when denying the player’s bid for benefits.

  • March 13, 2018

    Mass. Nurses Union Plans To Fight Hospital Flu Shot Mandate

    Massachusetts’ behemoth nurses union plans to continue fighting a policy at one of the nation’s preeminent teaching hospitals requiring all employees to receive annual influenza vaccinations or face termination, despite a recent courtroom loss against the mandate, union representatives said Tuesday.

  • March 13, 2018

    Shkreli's Sentence Shows Risks Of Open Defiance

    The seven-year prison term handed down to former biotech executive Martin Shkreli for his interrelated securities fraud schemes is a warning to criminal defendants about the consequences of speaking out about their cases, experts said Tuesday, and a demonstration of how problematic the sentencing guidelines have become in white collar cases.

  • March 13, 2018

    New Ky. Law Bars Physician Peer Reviews In Med Mal Cases

    Kentucky Gov. Matt Bevin has approved a bill making hospital peer reviews inadmissible as evidence in medical malpractice lawsuits filed against health care providers, while a multifaceted tort reform bill recently passed the state Senate.

  • March 13, 2018

    House Fails To Pass 'Right-To-Try' Bill After Dems Object

    The House of Representatives failed to pass a bill that would expand the “right-to-try” experimental treatments under current Food and Drug Administration rules, after criticism from some Democrats that the bill would remove critical patient protections and was rushed through the process.

  • March 13, 2018

    Tikehau Nabs $50M For Health-Focused VC Fund

    French asset manager and investment group Tikehau Capital on Tuesday said its first venture capital fund scored $50 million in commitments as it looks to make investments in the medical technologies and life sciences industries.

  • March 13, 2018

    Opioid Bills Would Up Feds' Control Over Quotas, Imports

    Federal lawmakers this week introduced bills to tackle the national opioid crisis, with a bipartisan group of senators pushing to give the Drug Enforcement Administration more control over manufacturing quotas and a Democratic congressman looking to give the U.S. Food and Drug Administration more power to block unapproved drug imports.

  • March 13, 2018

    Alaska Tribal Org Says Feds Can't Duck Land Cleanup Row

    A health care nonprofit run by an Alaskan tribe slammed the federal government's bid to escape a suit over its failure to clean up and transfer oil-contaminated land to the nonprofit, telling a D.C. federal judge Tuesday the government’s contention that the claims are time-barred runs contrary to case law.

  • March 13, 2018

    FTC Seeks More Info On DaVita's $4.9B Sale to Optum

    DaVita Inc. has received a letter from the Federal Trade Commission seeking more information on the $4.9 billion sale of its independent medical clinic operator to UnitedHealth Group Inc. health services subsidiary Optum Inc. in order to gain regulatory approval, the company said in a filing Tuesday.

  • March 13, 2018

    Calif. Genetic Test Co. Pays $11M To Resolve FCA Claims

    A Silicon Valley-based prenatal testing company has agreed to pay $10.6 million to resolve allegations that it improperly billed federal health care programs for its popular Panorama noninvasive prenatal tests and other screenings in violation of the False Claims Act, the federal government said Tuesday.

  • March 13, 2018

    FDA Warning Wire: Online Eye Exam Gets Agency Side-Eye

    The U.S. Food and Drug Administration looked askance at a company's marketing of an online eye exam without the agency's go-ahead, found problems at an Indian drugmaker's plant in Malaysia and scolded a Korean X-ray maker for not reporting accidental radiation exposures. Here's this week's roundup of the agency's enforcement actions.

  • March 13, 2018

    Oregon Enacts Drug Price Transparency Law

    Oregon’s governor on Tuesday signed legislation requiring drugmakers and health insurers to report extensive information about relatively pricey prescription drugs.

  • March 13, 2018

    Burt Barr Says No Way Ex-Client Could Collect $3M Judgment

    Texas litigation firm Burt Barr & Associates LLP on Tuesday told a Texas federal judge that without proof a former client could have collected on a sexual harassment judgment, it can’t be held liable for allegedly failing to protect the judgment from being discharged in a bankruptcy.

  • March 13, 2018

    5th Circ. Revives Doc's Illegal Search And Seizure Suit

    The Fifth Circuit on Tuesday revived claims by a doctor whose license was suspended by the Texas Medical Board that a board investigator violated his constitutional rights by conducting a warrantless search and seizure of records in his Houston office.

  • March 13, 2018

    Sentences Trimmed For 2 Fla. Women In $74M Medicare Fraud

    A Florida federal judge has reduced the prison terms of two women involved in a $74 million home health care fraud scheme, approving a request from federal prosecutors who said they had provided “substantial assistance” since pleading guilty.

  • March 13, 2018

    Wash. Health Care Price-Fix Suit Survives Dismissal Bid

    A Washington federal judge on Monday refused to kill a suit accusing a pair of health care providers of engaging in anti-competitive deals, saying the state has plausibly alleged services agreements between them amount to a horizontal price-fixing agreement.

  • March 13, 2018

    Medical Monitoring Co. Ends FCA Case For $550K

    A Pennsylvania company that provides monitoring services for patients undergoing surgery will pay the federal government $550,000 to resolve False Claims Act allegations that it billed Medicare for remote physicians when in reality no qualified professionals were actually observing live data produced during procedures, the U.S. Department of Justice announced on Tuesday.

  • March 13, 2018

    Cigna Must Face RICO Claims In Insured Price Suit

    A Connecticut federal judge on Monday kept intact the bulk of a putative class action alleging Cigna Health and Life Insurance Co. and others improperly pumped up the price of prescription drugs without informing customers, refusing to dismiss Racketeer Influenced and Corrupt Organizations Act claims against the insurer.

  • March 13, 2018

    Pensioner Fights Adventist Health's ERISA Suit Exit Bid

    An Adventist Health System pension participant on Monday pushed back at the faith-based hospital organization’s bid to exit her suit that claimed it underfunded employee retirement plans by millions, saying the organization breached its duty under the Employee Retirement Income Security Act.

  • March 12, 2018

    NJ Justices Probe Hospital Privilege To Shield Care Report

    The New Jersey Supreme Court on Monday challenged the argument from a woman suing a hospital for medical malpractice that the facility must turn over a portion of its self-critical analysis of her care after allegedly failing to report a “serious preventable adverse event” to her and state officials.

Expert Analysis

  • Emerging Trends In FCA Enforcement: 2018 Outlook

    Vince Farhat

    Two new policies from the U.S. Department of Justice, along with ongoing developments concerning the elements of scienter and materiality stemming from the landmark U.S. Supreme Court decision in Escobar, have the potential to significantly change the landscape of False Claims Act enforcement in the year ahead, say attorneys with Holland & Knight LLP.

  • Agency Guidance Limits May Shift Health Care Enforcement

    Michael Lampert

    The U.S. associate attorney general recently issued a memo directing civil litigators in the U.S. Department of Justice to limit their use of governmental agency guidance documents in affirmative civil enforcement matters. Attorneys with Ropes & Gray LLP discuss issues that should be monitored over time in order to understand the memo's ultimate impact on civil health care enforcement matters.

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Inside New HHS Plan For Health Care Worker Protections

    Steven Collis

    The U.S. Department of Health and Human Services recently announced the creation of a new Conscience and Religious Freedom Division, as well as a proposed regulation to help achieve enhanced protections for health care employees. The move may empower more health care workers to express objections to performing or being involved with certain procedures or services, says Steven Collis of Holland & Hart LLP.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • The Latest On TCPA Exemption For Health Care-Related Calls

    Alan Wingfield

    If an Ohio federal court's recent ruling in Lindenbaum v. CVS Health is followed by other courts, the long-term effect of the decision has the potential to classify many, if not almost all, health care-related calls subject to the Telephone Consumer Protection Act’s emergency exemption and, thus, outside of liability, say attorneys with Troutman Sanders LLP.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • Omnicare Settlement: Outlier Or Beginning Of Broader Trend?

    Alexander Batoff

    The U.S. Department of Justice’s Immigrant and Employee Rights Section recently finalized a settlement involving an asylum discrimination claim against Omnicare. The case is a good reminder that employers should carefully consider including appropriate defense and indemnification language in contracts with third parties, says Alexander Batoff of Obermayer Rebmann Maxwell & Hippel LLP.

  • What To Know About CMS' New Bundled Payment Model

    Deborah Gersh

    The Centers for Medicare & Medicaid Services recently announced a new voluntary bundled payment model with the goal of incentivizing financial accountability, care redesign, data analysis and feedback, provider engagement, and patient engagement. The move suggests the agency will remain a player in testing and facilitating value-based payment reform, say attorneys with Ropes & Gray LLP.

  • How To Serve Your Blind Client Effectively

    Julia Satti Cosentino

    While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.