• January 13, 2017

    Ambulance Co. Pays $12.7M In Medicare Fraud Deal

    MedStar Ambulance Inc. has agreed to pay $12.7 million and enter into a corporate integrity agreement to settle claims in Massachusetts federal court that it routinely falsely billed Medicare for services it didn't provide, the attorney for the whistleblower in the case announced on Friday.

  • January 13, 2017

    Health Hires: 7 New Life Sciences, Health Additions

    The beginning of 2017 has seen Squire Patton Boggs LLP, Orrick Herrington & Sutcliffe LLP and Fenwick & West LLP grow their life sciences teams, and Dinsmore & Shohl LLP, Mandelbaum Salsburg PC, Saul Ewing LLP and Buchanan Ingersoll & Rooney PC expand their health care groups.

  • January 13, 2017

    Health Data Patents Not Abstract In Aetna Row, Fed. Circ. Told

    Software company HealthTrio LLC on Friday fought to reverse a ruling that its patents for an online record-keeping system asserted against health insurance giant Aetna Inc. are invalid as abstract, telling the Federal Circuit that the technology encompasses far more than simply translating information for electronic databases.

  • January 13, 2017

    GAO Nixes Challenges To $6.8B VA Disability Exam Contracts

    The Government Accountability Office knocked down a web of bid protests challenging the U.S. Department of Veterans Affairs' handling of medical disability examination services contracts worth up to $6.8 billion each, upholding the awards in a decision published Thursday after an earlier challenge sparked a do-over.

  • January 12, 2017

    DaVita, Fresenius Win Temporary Block Of HHS Rule Change

    A Texas federal judge on Thursday put a temporary block on a new U.S. Department of Health and Human Services rule set to take effect Friday requiring dialysis providers such as DaVita Inc. and Fresenius Medical Care to make certain disclosures about third-party premium assistance, court filings show.

  • January 12, 2017

    Del. Theranos Suit Docs OK'd For Use In Other Actions

    Investors seeking a refund of their $96 million stake in troubled biotech venture Theranos Inc. won a recommendation Wednesday for extended use of documents collected in their Delaware Chancery Court lawsuit, but lost a bid to limit demands for records involving Walgreen Co., another Theranos lawsuit opponent.

  • January 12, 2017

    UPMC Workers Can't Revive Data Breach Suit

    The University of Pittsburgh Medical Center didn’t have a legal duty to protect employees’ personal information that was stolen in a data breach, a Pennsylvania appeals court held Thursday in a split decision affirming the dismissal of a proposed class action.

  • January 12, 2017

    Consumers Can't Join ACA Cost-Sharing Case, DC Circ. Rules

    Consumers can’t take over for the Obama administration in fighting a U.S. House of Representatives lawsuit that challenges Affordable Care Act cost-sharing reductions, the D.C. Circuit ruled Thursday.

  • January 12, 2017

    Agencies At Fault In Meningitis MDL Too, Surgery Center Says

    A Tennessee surgical center argued in multidistrict litigation Thursday that since several health agencies recklessly did not act against a compounding pharmacy linked to a deadly 2012 meningitis outbreak — despite knowing the risks the pharmacy posed — a jury should be allowed to allocate fault accordingly.

  • January 12, 2017

    United Healthcare, Class Refute AGs' Protest To Hep C Deal

    United Healthcare Inc. and class plaintiffs suing over the insurer's restrictions on coverage of costly hepatitis C treatments have urged a Florida federal court to reject 13 state attorneys general's opposition to their proposed settlement they say would deliver even more than what class members originally sought.

  • January 12, 2017

    Latham Attorneys Escape Sanctions In Craigslist IP Row

    Latham & Watkins attorneys representing Craigslist in an patent infringement suit on Thursday dodged EveryMD’s push for sanctions when a California federal judge agreed with the popular classified listings website that there is not enough support to find the complaint is a “frivolous” tactical maneuver.

  • January 12, 2017

    Mich. Hospital Wants Stricter Standard In Antitrust Row

    A Michigan hospital accused of violating antitrust laws by reaching agreements with three other hospitals to not advertise in each other's territories on Thursday asked a federal judge to dismiss claims which apply a too-general standard of proof.

  • January 12, 2017

    1st Circ. Won't Revive Medical Injury Suit Against HHS

    A Massachusetts man lost a bid Wednesday to revive his claim against the U.S. government over an injury at a community health clinic after the First Circuit agreed with a lower court that the case was untimely.

  • January 12, 2017

    Mich. Tribe, Blue Cross Settle ERISA Suit

    A federal judge on Wednesday dismissed the Little River Band of Ottawa Indians' allegations that Blue Cross Blue Shield of Michigan disregarded the Employee Retirement Income Security Act while administering an employee health benefit plan, after the parties said they settled the matter.

  • January 11, 2017

    NJ Detective's Suit Tossed Over Probe Into Couple's Deaths

    A New Jersey state judge has tossed a detective's whistleblower lawsuit alleging he was transferred to another unit in retaliation for complaining about the improper handling and destruction of evidence from the so-called murder-suicide of a prominent hospital executive and his wife.

  • January 11, 2017

    RICO Claims Live, But Others Cut In HMO Owners' $1.2B Suit

    A Florida federal judge on Wednesday dismissed several claims the owners of a defunct health maintenance organization are bringing against BankUnited Inc. and three of its officers, but allowed the $1.2 billion case’s main Racketeer Influenced and Corrupt Organizations Act claims to stand.

  • January 11, 2017

    Theranos Seeks Out Of Blood-Testing Suits

    Beleaguered blood-testing startup Theranos on Tuesday pushed an Arizona federal judge to throw out consolidated proposed class actions claiming it and Walgreen Co. conspired to mislead consumers about the accuracy of Theranos' tests, saying the consumers only allege the companies were business partners.

  • January 11, 2017

    Bathroom Rule Ban Is Toothless In Okla., LGBT Group Says

    An Oklahoma LGBT advocacy group told the Fifth Circuit on Tuesday that the state should be exempted from an injunction blocking an Obama administration guidance that students be allowed to use restrooms that match their gender identity, saying the directive conflicted with no Oklahoma law.

  • January 11, 2017

    Feds Urge Against Rule Injunction In Dialysis Program Suit

    The U.S. Department of Justice told a federal judge in Texas on Wednesday not to grant a request from dialysis companies to stop a Health and Human Services rule change affecting patient insurance coverage, because it is a “limited and modest but urgently needed” step to protect patients.

  • January 11, 2017

    ERISA Blocks Iowa Pharmacy Benefits Law, 8th Circ. Says

    The Eighth Circuit ruled Wednesday that an Iowa law regulating certain actions taken by prescription drug benefit managers is preempted by the Employee Retirement Income Security Act, saying it would improperly create different administrative processes for ERISA plans in the state than exist nationally.

Expert Analysis

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Health Care Enforcement Review And 2017 Outlook: Part 1

    Joanne Hawana

    Over the past year, clear trends have emerged in the U.S. Food and Drug Administration’s enforcement activities. In part one of this four-part series, attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC examine key 2016 government policies, regulations and enforcement actions in this area, and the likely impact of these trends on enforcement in 2017.

  • The Outlook For The Pharmaceutical Industry Under Trump

    Mark P. Goodman

    Change is coming to the health care and pharmaceutical industries under Trump's administration, presenting both benefits and challenges. Conventional wisdom says that Trump's administration will permit greater flexibility in drug pricing, but Trump has expressed support for competition in the marketplace, which could lower the price of some drugs, say attorneys from Debevoise & Plimpton LLP.

  • The Serious And Immense Impact Of A Medical Device Hack

    Charles J. Andres

    A host of different government agencies enforce laws that impose obligations for companies that manufacture and sell medical devices to the public. Attorneys at Wilson Sonsini Goodrich & Rosati PC explore the many different ramifications of a medical device hack and provide some suggestions on planning for and responding to such a breach.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • Virtual Reality And The Law: Part 2

    David Fink

    Virtual and augmented reality technologies are here, and are raising very real legal issues. Technology firms and content creators must take care to safeguard private information collected from users, ensure respect for the laws of copyright, trademark and right of publicity, and grapple with moral and legal questions surrounding simulations of illegal acts, say David Fink and Jamie Zagoria of Kelley Drye & Warren LLP.

  • Virtual Reality And The Law: Part 1

    David Fink

    Virtual reality and its cousin, augmented reality, are going mainstream. Many top tech companies are developing VR systems, and firms in many industries have created VR “experiences” for their customers. But this technology raises very real legal issues, especially in the areas of consumer safety, privacy, intellectual property and First Amendment law, say David Fink and Jamie Zagoria of Kelley Drye & Warren LLP.

  • Understanding How Blockchain Could Impact Legal Industry

    R. Douglas Vaughn

    Blockchain is essentially a computerized public ledger that can apply to almost anything that a person might save into a database or spreadsheet. This versatile technology may enhance the legal industry by providing an improved record keeping system, setting up "smart contracts" and tracking intellectual property and land records, say R. Douglas Vaughn and Anna Outzen of Deutsch Kerrigan LLP.

  • Why The Learned Intermediary Doctrine Should Survive

    Robert B. Friedman

    As the doctor-patient relationship has evolved over time, some courts have challenged the learned intermediary doctrine. Although patients now have greater access to information, the LID's core justifications have not changed, so the doctrine should continue to exist, say Robert Friedman and Mark Sentenac of King & Spalding LLP.

  • State Attorneys General Play Growing Data Privacy Role

    Jasen Eige

    State attorneys general play an active role in data privacy and security, bringing evolving state laws and broad consumer protection authority to bear on changing technologies and threats. Private sector custodians of personal data such as retailers, financial institutions, technology companies and health systems must understand the role of state attorneys general before a crisis occurs, say Jasen Eige and Kassie Schroth of McGuireWoods LLP.