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  • October 22, 2018

    EEOC Seeks Win In Ex-Hospital Worker's Religious Bias Suit

    The U.S. Equal Employment Opportunity Commission asked for summary judgment Friday on claims that a Massachusetts hospital discriminated against an employee by firing her after she refused to get a flu shot, with the agency arguing that the woman's religious grounds for declining the vaccine were sincerely held.

  • October 22, 2018

    Trump Invites ACA Suits By Giving States New Leeway

    The Trump administration on Monday offered states wide latitude to steer consumers away from the Affordable Care Act's robust health insurance and toward cheaper policies, an audacious move that experts say flouts the law's intent and invites litigation.

  • October 22, 2018

    Medical Co. Inks $5.25M Deal To End FCA Accusations

    A Kentucky-based medical equipment company will pony up more than $5.25 million to end accusations that it made false statements about the contents of its compounded medical creams, the federal government announced on Monday.

  • October 22, 2018

    Unsecured Creditors Flag Drug Rehab. Co.'s Ch. 11 Financing

    The official unsecured creditors committee objected Monday to drug and alcohol treatment facility network EBH TopCo LLC's proposal for up to $18 million in additional post-petition financing in its Chapter 11, claiming the debtor-in-possession lender is reneging on its agreement to fund certain administrative expenses.

  • October 22, 2018

    Labs Say UnitedHealth Can't Sue On State Fraud Claims

    A group of medical testing labs urged a Texas federal judge Friday to toss a $44 million suit brought by UnitedHealthcare Insurance Co., saying payments made by the insurer weren't fraudulent and were federally mandated through the Employee Retirement Income Security Act.

  • October 22, 2018

    Housekeeping Co. Hit With Privacy Suit Over Fingerprinting

    A Pennsylvania-based hospital housekeeping company has been slapped with a proposed class action alleging that its fingerprint scanning method for employee timekeeping violates an Illinois state privacy law because it unlawfully collects, records and stores biometric data.

  • October 22, 2018

    NECC Pharmacy Tech Testifies About Hijinks In Drug Lab

    A whistleblower who worked at the New England Compounding Center in Massachusetts before it was blamed for a deadly meningitis outbreak and closed in 2012 testified in federal court Monday that he and his colleagues routinely signed off on drug shipments when they knew ingredients were expired or had not been tested.

  • October 22, 2018

    Gov'ts Must Link Patient Data To Prescriptions In Opioid MDL

    A special master on Sunday said that local governments suing drugmakers over the opioid crisis in multidistrict litigation should provide opioid manufacturers with patient data for opioid prescriptions, along with other information, so that the companies can match the information in other databases.

  • October 22, 2018

    Deals Rumor Mill: O2, PMI, Constellation Brands

    O2 is reportedly pausing its £10 billion ($13 billion) initial public offering, Precision Motion Industries Inc. has seen bids from Japanese Apple Inc. supplier Nidec Corp. and Schaeffler AG, and Constellation Brands Inc. wants to sell some domestic wine brands.

  • October 22, 2018

    Illinois Physical Therapy Co. Can't Duck FCA Suit

    An Illinois federal judge on Friday declined to dismiss a whistleblower’s False Claims Act suit accusing a physical therapy provider of billing Medicare for thousands of individual physical therapy services that were not actually provided, saying the whistleblower’s claims of fraud were sufficiently detailed.

  • October 22, 2018

    Pittsburgh Home Health Workers Accused Of Medicaid Fraud

    Four Pittsburgh residents tied to companies in the home health care industry were charged in federal court with defrauding the government of millions in Medicaid payments by submitting false claims for patient care, the U.S. Attorney's Office for the Western District of Pennsylvania said on Monday.

  • October 22, 2018

    Med Device Biz, Chinese Fintech Launch IPOs Totaling $141M

    Venture-backed medical device company Axonics Modulation Technologies Inc. on Monday set a price range on an estimated $100 million initial public offering, preceded Friday by a Chinese fintech company that expects to raise about $41 million, adding to the near-term pipeline of IPO candidates.

  • October 22, 2018

    Evidence Violation Doesn't Nix Tax Fraud Verdict: 11th Circ.

    The Eleventh Circuit has upheld the sentence of a medical care worker convicted on charges of tax fraud, saying although the introduction of evidence while she and her lawyer were outside the courtroom was a constitutional violation, it didn’t affect her conviction.

  • October 22, 2018

    FTC Clears $70B Linde-Praxair Deal With Asset Sale

    German gas giant Linde AG said Monday that it has received the last green light needed for its planned $70 billion merger with Praxair Inc. after the companies reached a deal with the Federal Trade Commission to sell several assets in exchange for the agency’s blessing.

  • October 19, 2018

    Fla. Pharmacy Hit With False Claims Suit Over Kickbacks

    The federal government has filed suit against a Florida pharmacy, alleging the business engaged in illegal kickback schemes with marketers that resulted in the federal Tricare program paying more than $21 million in reimbursements for prescriptions induced in violation of the False Claims Act.

  • October 19, 2018

    Deals Rumor Mill: Swiss Re, CPPIB, Nestle

    Swiss Re discussed investing in Anbang Insurance Group Co., the Canada Pension Plan Investment Board is getting ready to bid for a stake in Gatwick Airport, and Nestle has tapped advisers related to a potential deal to sell its skincare business.

  • October 19, 2018

    Gov't Asks 9th Circ. To Revive New Birth Control Rules

    The Trump administration asked the Ninth Circuit on Friday to lift a nationwide ban on new rules that exempt employers with moral or religious objections from providing birth control coverage otherwise required by the Affordable Care Act, saying employers’ First Amendment rights should trounce procedural requirements for passing the new regulations.

  • October 19, 2018

    Dental Supplier Calls FTC Case Textbook 'Regulatory Hubris'

    A major U.S. dental supply company has accused the Federal Trade Commission of "severe hindsight bias" in the commission's suit alleging three suppliers conspired to spurn buying groups, asking an administrative law judge to toss the agency's action.

  • October 19, 2018

    NY Top Court Nixes 'Soft Cap' On Contractor Health Exec Pay

    A majority of New York state’s highest court has agreed that a portion of the state Department of Health's restriction on how much certain health care executives of providers contracting with the state can get paid went beyond the state’s authority.

  • October 19, 2018

    Fake Patient Names Take Center Stage At 3rd NECC Trial

    In the first week of a trial in Massachusetts federal court for six former employees of the New England Compounding Center, whose contaminated drugs sparked a deadly meningitis outbreak in 2012, the question of who bears responsibility for fake patient names used on prescription order forms has been a daily point of contention.

Expert Analysis

  • Beware Laws Intersecting Benefit Concierge Services

    Kendra Roberson

    Benefit concierge services can help employers realize a greater return on investment by increasing employees’ awareness of available benefits. However, they raise several legal issues, including considerations under the Health Insurance Portability and Accountability Act and the Employee Retirement Income Security Act, say Kendra Roberson and Chris Lowther of Covington & Burling LLP.

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • Class Arbitration Goes To The Supreme Court

    Jay Bogan

    A U.S. Supreme Court ruling in Varela v. Lamps Plus that the Federal Arbitration Act displaces contractual interpretation rules likely would vacate the Eleventh Circuit's recent JPay decision, says James Bogan of Kilpatrick Townsend & Stockton LLP.

  • To What Extent Can CMS Informally Issue Interpretive Rules?

    Robert Wanerman

    The U.S. Supreme Court recently agreed to review the D.C. Circuit's decision in Allina Health Services v. Azar, which has the potential to resolve the issue of whether or not the Medicare Act requires notice-and-comment rule-making in more situations than are required by the Administrative Procedure Act, says Robert Wanerman of Epstein Becker Green.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Can Blockchain Deliver Secure IT Solutions For Health Care?

    Jonathan Gordon

    Blockchain-powered tools may revolutionize health care by allowing providers to easily exchange medical and health records while still protecting patients' information, but entrepreneurs must carefully consider novel legal challenges and questions, say Jonathan Gordon and Jesse Welsh-Keyser of Alston & Bird LLP.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    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 Pier D'Angelo, chief pricing and practice officer at Allens.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.