• March 23, 2017

    4 Tax Changes Delaying GOP Health Plan Vote

    As President Donald Trump and House Republicans struggle to get backers for their health care plan to replace the Affordable Care Act, Law360 looks at some of the controversial tax changes that are holding up a House vote.

  • March 23, 2017

    Verdict Form Reveals Close Call In Meningitis Murder Case

    An unprecedented case ended in a most unusual way: Jurors considering a sweeping indictment against a Massachusetts pharmacist who shipped mold-infested drugs that caused a deadly fungal meningitis outbreak declared him not guilty of murder on Wednesday, but appeared to indicate that the majority wanted to convict him.

  • March 23, 2017

    House Repeals Antitrust Immunity For Health Insurance Cos.

    The U.S. House of Representatives on Wednesday overwhelmingly passed a bill that restores the government’s ability to charge health insurers under federal antitrust laws, but while Republicans touted it as a way to protect competition and consumers, Democrats called such claims “exaggerated.”

  • March 23, 2017

    Ill. Justices Remand Non-Profit Hospital Property Tax Issue

    A long-fought case involving property tax exemptions for non-profit hospitals will head back to circuit court after the Illinois Supreme Court declined to rule on the law's constitutionality Thursday.

  • March 23, 2017

    Texas Anesthesiologist Gets 3.5 Years For Health Care Fraud

    A Dallas anesthesiologist will spend about 3 1/2 years in prison and must pay $7.4 million in restitution after a Texas federal jury found him guilty of seven counts of health care fraud, a Texas federal judge has ruled.

  • March 23, 2017

    ACA Repeal Savings Decline By Nearly $200B, CBO Says

    Recent revisions to GOP-backed legislation intended to repeal and replace the Affordable Care Act would cause the bill to save almost $200 billion less than originally expected, the Congressional Budget Office estimated Thursday.

  • March 23, 2017

    PE-Backed Diabetes Company Valeritas Prices $54M IPO

    Private equity-backed insulin device maker Valeritas Inc. priced a $53.5 million initial public offering Thursday under guidance from Morgan Lewis & Bockius LLP, marking the company’s second attempt at an IPO after pulling earlier plans, but saw shares slump in their debut.

  • March 23, 2017

    California Proton's Operator Opposes $32M DIP Loan

    The company that operates a cancer treatment facility for bankrupt California Proton Treatment Center LLC objected Thursday to the debtor’s proposed, $32 million post-petition loan on the grounds it subordinates the operator’s purported interest in the facility.

  • March 23, 2017

    Anthem Merger Appeal Could Be Sideshow To DOJ Deal

    Anthem is making final preparations ahead of oral arguments Friday morning in the D.C. Circuit in its bid to salvage its $54 billion merger with Cigna, but the real action may be occurring on the sidelines as the insurer tries to broker a deal with the Trump administration.

  • March 23, 2017

    Ohio Doc’s Suit Against Ex-Patient Over Bad Review Nixed

    A plastic surgery patient who won a $5.1 million medical malpractice jury verdict and later wrote an unfavorable online review of the doctor which allegedly prompted another patient’s cancellation was cleared of civil liability by an Ohio appeals court, which said the patient’s review was not malicious.

  • March 23, 2017

    Trump Names Heritage Foundation Director For HHS OCR

    The Donald Trump administration has reportedly named a former Heritage Foundation official to lead the U.S. Department of Health and Human Services’ Office of Civil Rights, igniting protests Thursday from civil rights organizations, who call him an "anti-LGBT extremist."

  • March 23, 2017

    House Sets Climactic Friday Vote On ACA Repeal

    The U.S. House of Representatives will vote Friday on whether to repeal and replace much of the Affordable Care Act, marking a high-stakes test for President Donald Trump and the Republican-controlled Congress.

  • March 23, 2017

    Express Scripts Targeting Mail-Order Pharmacies, Suit Says

    Express Scripts Inc. has conspired with CVS Health Corp. to remove independent pharmacies from the mail-order prescription market, a Manhattan pharmacy that suffered “catastrophic financial harm” from the alleged scheme told a Missouri federal court.

  • March 23, 2017

    Condo Cos. Insurance Fight Over Bird Poop Nixed As Moot

    An Arizona federal judge Wednesday dismissed American Family Mutual Insurance Co.’s suit against a condominium association and property manager in which the insurer was hoping to escape covering a condo owner’s alleged illness stemming from bird droppings piled up near her unit, saying the insurer waived its right to drop coverage.

  • March 23, 2017

    Patent Licensing Cos. Fight To Save IP Row From Dismissal

    Two patent licensing companies on Wednesday hit back at a magistrate's recommendation to dismiss their infringement suits against Cigna, Consumer Cellular and others over 10 patents covering targeted email marketing technology, arguing that the defendants haven't established that the asserted claims are abstract under Alice.

  • March 22, 2017

    Repeal Of ACA Essential Benefits Faces Hazy Path In Senate

    Republicans face an uncertain procedural path if they attempt to repeal the Affordable Care Act’s mandatory benefits for health insurance with a simple-majority vote in the U.S. Senate via so-called budget reconciliation, experts say.

  • March 22, 2017

    U. Of Md. Medical System Survives Med Mal Appeal

    A Maryland appellate panel on Tuesday affirmed the partial dismissal of a medical malpractice suit accusing a University of Maryland Medical System Corp. hospital of failing to prevent a man’s death from heart disease, saying the trial judge’s decision was supported by the law.

  • March 22, 2017

    Fla. Senators Delve Into Medical Marijuana Rules Proposals

    The Florida Senate took a step Wednesday toward formulating a plan for implementing a constitutional amendment legalizing medical marijuana that passed in November, with treatment center licenses, consumption methods and qualifying conditions coming up as major issues as the Health Policy Committee reviewed multiple proposals.

  • March 22, 2017

    Maryland Hospital Co. Can’t Shake FCA Suit, But Others Can

    An Illinois federal judge Wednesday dismissed a trio of health care systems from a suit alleging False Claims Act violations, but told Maryland-based MedStar Health Inc. that it couldn’t escape claims by a former employee that it billed federal insurance programs for unnecessary inpatient admissions.

  • March 22, 2017

    Wash. Tribe Freed From Ex-Health Exec's FCA Allegations

    A federal judge Tuesday tossed False Claims Act allegations that a former health executive asserted against the Sauk-Suiattle Indian Tribe of Washington, but let his claims against a health clinic and three individuals carry on.

Expert Analysis

  • Reducing Administrative Burden Under New 'Common Rule'

    Lisa Rooney

    The U.S. Department of Health and Human Services' recent revisions to the “Common Rule” aim to reduce administrative and regulatory burden on the informed consent process. However, the revised rule will simply add to or shift such burden to other individuals and entities, say Lisa Rooney and Scott Lipkin of FTI Consulting.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Why Patient Experience Data Provisions Face Elimination

    Jamie Kendall

    Under Trump's administration, the 21st Century Cures Act will continue to face scrutiny. Some may argue that the act's patient experience data provisions are unnecessary or ineffective due to their limited application and expansive required government resources, say Jamie Kendall and Alexandra Schulz of The Kendall Law Firm PC.

  • Is The End Of Individual Health Insurance Near?

    Corinne Smith

    The American Health Care Act proposes to eliminate the mandate for individuals to carry health insurance by removing the tax penalty. Eliminating the mandate, but continuing to require insurers to cover preexisting conditions, means that only sick individuals will purchase insurance, premiums will go up and far more millennials will opt out of the private health insurance market, says Corinne Smith of Strasburger & Price LLP.

  • The Latest On Statistical Sampling In FCA Cases

    Demme Doufekias

    Although the Fourth Circuit's recent Agape decision failed to provide the more definitive guidance about statistical sampling that False Claims Act practitioners on both sides were hoping for, it does offer an opportunity to look at trends emerging from recent settlements and court decisions involving sampling, say Demme Doufekias and Catherine Chapple of Morrison & Foerster LLP.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Opinion

    MWI Case Shows The False Claims Act Needs A Change

    William E. Bucknam

    While the U.S. Supreme Court recently ended the 18-year MWI False Claims Act case, the company has absolutely no hope of ever recouping the millions of dollars in lost business or the significant legal fees it spent fighting what was deemed a meritless case brought by the government. The time has come for Congress to amend the FCA, say William Bucknam of MWI Corp. and Robert Rhoad of Sheppard Mullin Richter & Hampton LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • Opinion

    DC Circ. Should Be Wary Of Efficiencies Defense In Anthem

    David Balto

    The children’s book "If You Give a Mouse a Cookie" could easily have been describing merger defendants’ efforts to push antitrust policy toward far more permissive standards in merger defenses. A perfect example of this is found in the Anthem merger case now on appeal at the D.C. Circuit, which will hear oral argument on Friday, says David Balto, former policy director of the Federal Trade Commission Bureau of Competition.

  • Opinion

    Neil Gorsuch — Judging Like It's 1868

    Priscilla Smith

    The main argument from the moderate left for confirming Gorsuch is that he isn’t the worst guy Trump could have nominated, and that he seems to view presidential power skeptically. But the Senate Judiciary Committee must establish whether this willingness to check executive power stems from a broader hostility to the assertion of federal judicial power over states, says Professor Priscilla Smith of Yale Law School.