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Health

  • August 2, 2018

    Deals Rumor Mill: Jin Jiang, Abraaj, Cigna

    Jin Jiang International is reportedly considering making an offer for HNA Group’s Radisson Hotel Group, KKR and TPG are the front-runners for Abraaj’s health care fund, and Carl Icahn plans to vote against Cigna’s proposed deal for Express Scripts.

  • August 2, 2018

    Albertsons Says FCA Suit Makes Same Claims As Earlier Ones

    National grocery company Albertsons LLC has urged a Texas federal court to dismiss a suit claiming it submitted false claims to Medicare and Medicaid for various drugs, arguing the same allegations had already been brought up in previous cases, one by the current plaintiff.

  • August 2, 2018

    Allergan Files 3rd-Party Claims Against Pfizer In Opioid MDL

    Allergan Finance LLC has hit Pfizer Inc. and a subsidiary with third-party claims in multidistrict litigation over the opioid crisis, arguing that Allergan should be indemnified for having to defend pre-2009 misleading marketing allegations relating to a prescription opioid.

  • August 1, 2018

    Private Docs’ Immunity Not Unconstitutional, Fla. Court Says

    A Florida appeals court on Wednesday tossed twin medical malpractice suits against University of Miami doctors treating patients at a public hospital as part of an affiliation agreement, saying the state Legislature’s 2011 decision to expand sovereign immunity to such doctors was not unconstitutional.

  • August 1, 2018

    US Atty For Pa. Creates Civil Enforcement Strike Force

    The U.S. attorney for Eastern Pennsylvania announced on Wednesday he is establishing an Affirmative Civil Enforcement Strike Force to investigate and prosecute the abuse of government programs — including health care and procurement fraud — plus enforce civil rights statutes and combat the opioid crisis.

  • August 1, 2018

    Calif. Insurance Commish Asks DOJ To Block CVS-Aetna Deal

    California’s insurance commissioner urged the U.S. Department of Justice on Wednesday to block CVS Health Corp.'s planned $69 billion purchase of insurance provider Aetna Inc., saying the deal would drive up consumer costs and can’t be fixed.

  • August 1, 2018

    Fla. Clinics Faked $4.7M In Accident Bills, State Farm Says

    State Farm on Wednesday accused three Florida health care clinics and the individuals running them of defrauding the insurance company of more than $4.7 million by billing for unnecessary or unprovided treatments for patients in automobile accidents.

  • August 1, 2018

    Opioid MDL Counties Get Partial Info From McKesson Report

    A special master appointed to oversee a discovery dispute in multidistrict litigation over the opioid crisis partially granted a request by counties for more information from a McKesson Corp. investigation into suspicious drug order oversight, finding Wednesday the counties are entitled to witness names but that statements and terms used in the investigation are protected work product.

  • August 1, 2018

    Pittsburgh Doc Hit With 100+ New Counts In Opioid Case

    A federal grand jury has added over 100 counts, including health care fraud and money laundering charges, to the indictment against a former Pittsburgh-area physician already accused of illegally prescribing and distributing opioid painkillers. 

  • August 1, 2018

    3rd Circ. Keeps US Bank On Hook For $6M 'Bad Faith' Award

    The Third Circuit on Tuesday said U.S. Bank can't offset the $6.1 million it must pay the founder of National Medical Imaging for a tossed bankruptcy petition against money the executive owes, since the bank's filing was found to be in bad faith.

  • August 1, 2018

    Biz Must Identify Harassment Witnesses To Union, NLRB Says

    A National Labor Relations Board panel has ordered American Medical Response West to give its employees’ union the names of workers the company interviewed before firing a field training officer over sexual harassment allegations, saying Tuesday the union’s need for the names outweighs the business’ privacy concerns.

  • August 1, 2018

    Health Care Cos. Hit With TCPA Suit Over Unwanted Fax Ads

    Two Illinois-based health care companies got slapped with separate proposed class actions in Illinois federal court by a home health care provider alleging the two sent it unwanted faxes advertising their services in violation of the Telephone Consumer Protection Act.

  • August 1, 2018

    5th Circ. Rules Aetna Can't Sue Texas Hospital Over Billing

    The Fifth Circuit has ruled that Aetna Life Insurance Co. can't sue an out-of-network Texas hospital for misrepresenting its billing practices, saying Aetna could not claim it was unaware of what those billing practices were.

  • August 1, 2018

    Grifols To Divest 3 US Plasma Centers As Part Of $286M Deal

    The Federal Trade Commission said Wednesday that Spanish health care giant Grifols SA will sell blood plasma collection centers in three U.S. cities in order to win the regulator's approval of the company's proposed $286 million purchase of Florida-based Biotest US Corp.

  • August 1, 2018

    Insurers Get Green Light To Sell ACA-Skirting Policies

    The Trump administration on Wednesday gave health insurers the green light to sell lengthier policies that don’t include Affordable Care Act benefits and protections, asserting that slimmer coverage will help consumers who’ve been priced out of ACA marketplaces.

  • July 31, 2018

    Costco False-Ad Eye Doc Suit Dismissal Reversed By 9th Circ.

    The Ninth Circuit on Tuesday revived a proposed class action claiming Costco misleadingly told shoppers that its stores offer eye exams by “independent” optometrists, saying the consumer plaintiff had adequately alleged that he was financially injured by the cost of the store-controlled eye doctor.

  • July 31, 2018

    Starbucks Scores Small Win In Battle Against Cancer Labels

    A California judge who ruled in May that coffee must carry cancer warnings said Tuesday that before entering an injunction requiring such labels, he would entertain arguments by Starbucks and other coffee companies that a rule being considered by a state environmental health agency would make the warnings unnecessary.

  • July 31, 2018

    Eye Doc From NJ Graft Trial Can't Undo Medicare Fraud Rap

    A Florida federal judge refused Monday to grant a new Medicare fraud trial to an ophthalmologist who escaped corruption charges last year alongside his longtime friend U.S. Sen. Bob Menendez, D-N.J., rejecting the doctor's claims that new evidence called for a do-over.

  • July 31, 2018

    Mass. Court Affirms $32.5M Award For Forgotten Medical Note

    The Massachusetts Appeals Court on Tuesday affirmed a $32.5 million medical malpractice award that Atrius Health Inc. must pay the family of a patient who was paralyzed after her primary care doctor forgot to note a dangerous condition in her medical file.

  • July 31, 2018

    Doc Gets Prison For Defrauding VA Over Bogus Procedures

    A cardiologist was slammed with a 20-month prison sentence Tuesday in New Jersey federal court for defrauding the U.S. Department of Veterans Affairs out of nearly $240,000 by billing the agency for medical procedures he never performed.

Expert Analysis

  • Cheers To 80 Years Of The Food, Drug, And Cosmetic Act

    Ebunola Aniyikaiye

    Eighty years ago, President Franklin D. Roosevelt signed the Federal Food, Drug, and Cosmetic Act. In recognition of this anniversary, attorneys at Epstein Becker Green review how the act came to be, how it has evolved, and how the U.S. Food and Drug Administration is enforcing its authority under the act to address the demands of rapidly evolving technology.

  • FDA Clarifies Communication Rules For Medical Product Cos.

    Kellie Combs

    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.