Health

  • April 01, 2020

    Insurance Groups Tell Justices PBM Law Would Upend ERISA

    A health insurance trade organization told the U.S. Supreme Court in an amicus brief Tuesday that an Arkansas law requiring pharmacy benefit managers to reimburse pharmacies equally is preempted by federal law, saying states' interference with uniform national standards threatens the very existence of employer benefit plans.

  • April 01, 2020

    Facebook, Chamber Back Bid To Strike TCPA Autodialer Ban

    Facebook, the U.S. Chamber of Commerce and more than a half-dozen others have joined the push to convince the U.S. Supreme Court to invalidate the Telephone Consumer Protection Act's autodialer ban, arguing that axing the entire speech-abridging provision is the only way to properly remedy First Amendment deficiencies.

  • April 01, 2020

    Ex-Dolphins Player's 3rd Trial Bid Against Team Doctor Axed

    A Florida appeals court rejected former Miami Dolphins star Otis "O.J." McDuffie's bid for a third trial in a medical malpractice suit accusing an ex-team doctor of causing his career-ending injury, saying Wednesday that the trial judge’s evidentiary decisions were sound.

  • April 01, 2020

    4 New Developments As US Coronavirus Cases Top 200K

    The number of Americans infected with the novel coronavirus raced past 200,000 on Wednesday, deaths approached the 5,000 mark, and President Donald Trump said that cases are "exploding" across the country. Here are four new developments to know.

  • April 01, 2020

    Justice Delayed: Coronavirus Halts Opioid, Cancer Trials

    The novel coronavirus has brought jury trials to a standstill in one of the pandemic’s most immediate blows to the legal sector, including court battles over whether Johnson & Johnson and Bayer products cause cancer and the New York attorney general’s effort to hold drugmakers liable for the opioid crisis. Here’s a look at some of the highly anticipated trials that are on pause.

  • April 01, 2020

    Fed Agencies Flag Ex-NFLer For Claiming CBD Cures Virus

    A former NFL player's CBD company has received a warning letter from the U.S. Food and Drug Administration and the Federal Trade Commission for allegedly claiming the company's products can treat or cure COVID-19.

  • April 01, 2020

    Microsoft Warns Hospitals Vulnerable To Ransomware Attacks

    Microsoft Corp. said Wednesday that it had warned dozens of hospitals that it believes are particularly vulnerable to being held hostage by ransomware attackers during the COVID-19 crisis.

  • April 01, 2020

    Move To Speed Navajo Medicaid Entity Approvals Vetoed

    Navajo Nation President Jonathan Nez has vetoed a resolution that aimed to fast-track the launch of the tribe’s own managed health care group to aid efforts against the COVID-19 pandemic, sparking a dispute among tribal leaders and the tribe's business arm, Naat'áanii Development Corporation. 

  • April 01, 2020

    Canadian Cannabis Grower To Restructure With $2.8M Loan

    Troubled Canadian cannabis grower James E. Wagner Cultivation Corp. said Wednesday that it will seek creditor protection as it undergoes restructuring with $4 million in interim financing from Trichome Financial Corp.

  • April 01, 2020

    Real Estate Rumors: Daniel Abreu, Trump Org, Synovus Bank

    Investor Daniel Abreu has reportedly sold a Florida CVS Pharmacy for $8 million, The Trump Organization is said to have paused the sale of its D.C. hotel and Synovus Bank has loaned at least an additional $11 million for a Florida residential project.

  • April 01, 2020

    Theranos Judge Rips 'Tone' Of Attys' Pandemic-Related Filing

    A California federal judge on Wednesday took issue with the "tone" of a request by ex-Theranos CEO Elizabeth Holmes' counsel to let them violate shelter-in-place orders to prepare for her upcoming trial, saying it wasn’t necessary and they should have had a “rational discussion” instead of filing a proposed order.

  • April 01, 2020

    House Dems Eye $760B Transpo Funds In 4th Virus Relief Bill

    House Democrats said Wednesday that the next round of COVID-19 relief legislation will be anchored by $760 billion to rebuild the nation's highways, railways, airports, water and broadband infrastructure, while also tackling climate change, asserting that their proposal will jump-start the American economy.

  • April 01, 2020

    Pharmacies' Doctor Claims Dropped From Ohio Opioid MDL

    The Ohio federal judge overseeing the multidistrict litigation over the opioid crisis tossed a bid brought by pharmacy chains, including CVS Pharmacy Inc., Walgreen Co. and Walmart Inc., to shift blame onto prescribers, saying he found no basis for the pharmacies to transfer their liability.

  • April 01, 2020

    Ill. Docs Must Face Suit Over Surgery That Led To Abortion

    An Illinois appellate court held Tuesday that a wrongful death suit can proceed against two doctors accused of failing to recognize a patient was pregnant prior to an elective surgery that exposed the fetus to health risks and ultimately led the parents to terminate the pregnancy.

  • April 01, 2020

    Dem COVID-19 Package Includes $86B Boost For Broadband

    House Democrats unveiled their plan Wednesday for a fourth-phase coronavirus rescue package, proposing $86 billion for broadband infrastructure and $12 billion to support next-generation 911 services.

  • April 01, 2020

    Pa. Audit Backs Hospitals' RICO Suit, 3rd Circ. Told

    A Pennsylvania state audit chronicled a yearslong pattern of alleged wrongdoing by a Keystone State hospital that cost competitors $9 billion in special services funding, a proposed class of health care facilities told the Third Circuit on Tuesday in a bid to reinstate its Racketeer Influenced and Corrupt Organizations Act claim.

  • April 01, 2020

    FDA Orders Heartburn Meds Off Shelves Over Cancer Risk

    The U.S. Food and Drug Administration ordered drugmakers Wednesday to halt distribution of their versions of the heartburn medication ranitidine, more commonly known as Zantac, because of potentially carcinogenic contaminants found in the drug.

  • April 01, 2020

    EU To Suspend VAT On Medical Supplies Amid Pandemic

    The European Commission will temporarily suspend value-added tax and tariffs on imported protective medical equipment to help deal with the COVID-19 pandemic, according to a letter to national tax authorities seen by Law360 on Wednesday.

  • April 01, 2020

    2nd Circ. Rejects Sheldon Silver's Bid To Delay Sentencing

    The Second Circuit rejected former New York State Assembly Speaker Sheldon Silver’s bid to put off his resentencing on corruption charges while he takes his case to the U.S. Supreme Court, saying Wednesday his arguments have little chance of success.

  • March 31, 2020

    Mass. Blue Cross Blue Shield Can't Duck Mental Health Suit

    A Massachusetts federal judge denied Blue Cross and Blue Shield of Massachusetts’ bid to escape a suit claiming the insurer wrongly denied claims for certain inpatient mental health treatment, saying there are factual disputes that don’t warrant dismissal.

  • March 31, 2020

    Ga. Court Partly Revives Suit Over Missed Brain Aneurysm

    A Georgia appeals court has largely rejected a patient's new trial bid in a suit accusing a hospital of causing catastrophic injuries by failing to diagnose her brain aneurysm, but said one issue laid out by the Georgia Supreme Court must be resolved by the trial court.

  • March 31, 2020

    Ill. Hospital Chain Ducks Competitor's Antitrust Suit

    A health care system operating a series of Illinois hospitals didn't violate antitrust laws when it negotiated insurance contracts that cut competitors out of insurance networks, an Illinois federal magistrate judge ruled Tuesday, partially adopting the report and recommendations of a special master who previously presided over the case.

  • March 31, 2020

    Coronavirus Response To Test Limits Of Location Privacy

    U.S. authorities may be able to use location data culled from smartphones to track people amid the coronavirus pandemic without breaching privacy laws, but they should explain how they are masking that data and taking steps to avoid targeting individuals, attorneys told Law360.

  • March 31, 2020

    6th Circ. Takes On ERISA Exhaustion In Nurse's Disability Suit

    The Sixth Circuit held Tuesday that an insurer’s failure to detail an internal claims review process in its plan document meant that a former nurse’s administrative remedies should be considered exhausted in her ERISA disability suit, while one judge questioned the doctrine of exhaustion altogether.

  • March 31, 2020

    Avet Diabetes Med Contains Carcinogen, Suit Says

    Heritage Pharmaceuticals Inc. is making and selling a generic blood sugar control medication for diabetes patients that contains “dangerously high levels” of an impurity that can cause cancer and liver damage, according to a proposed class action filed in New Jersey federal court.

Expert Analysis

  • Gov't Interaction Ethics Rules Still Apply In COVID-19 Crisis

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    While government actions addressing the current public health crisis present both risks and opportunities, companies should remember that rules regulating interactions with federal, state and local officials still apply, and that their conduct will likely face greater scrutiny than under normal circumstances, say Ki Hong and Charles Ricciardelli at Skadden.

  • Guiding Clients Through DOL Benefit Plan Probes: Part 1

    Excerpt from Lexis Practice Advisor
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    Counsel can reduce the time and anxiety involved with U.S. Department of Labor investigations of employer-sponsored benefit plans by assisting with review of fiduciary insurance coverage and internal controls, says Kathleen Barrow at Fox Rothschild.

  • Telehealth During COVID-19: New Rules And Considerations

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    Changes in federal and state regulations are expanding access to remote health care in response to the COVID-19 crisis, and health care providers need to be thinking about licensure, how to establish valid practitioner-patient relationships, prescribing authority, technology requirements and more, say attorneys at Arnold & Porter.

  • Confronting The Challenges Of Virtual Mediation

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    Conducting mediation via videoconference amid the ongoing pandemic poses significant challenges, including the difficulty of reading people when you are not with them in person. Daniel Garrie at JAMS shares six tips to overcome the limitations.

  • Key Takeaways From DOJ's 2019 FCA Recovery Stats

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    While $3 billion in False Claims Act recoveries by the U.S. Department of Justice in fiscal year 2019 represents only a marginal increase over 2018, it shows the FCA remains a powerful tool for combating fraud in health care and an expanding array of industries, say attorneys at Winston & Strawn.

  • How Behavioral Health Care Rules Are Evolving For COVID-19

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    As the COVID-19 crisis deepens and the need for behavioral health services is likely to increase, expect to see providers, payors and policymakers continue to collaborate at an unprecedented pace to provide safe access to mental health and substance use disorder treatment, say Purvi Maniar and Sarah Jean Kilker at Norton Rose.

  • Mitigating Antitrust Risks With DOJ-FTC Pandemic Guidance

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    To comply with recent guidance from the U.S. Department of Justice and Federal Trade Commission, companies collaborating with competitors in response to the COVID-19 crisis — particularly high-risk collaborations or exchanges of competitively sensitive information — must demonstrate a legitimate business justification and employ appropriate anti-competition safeguards, say attorneys at K&L Gates.

  • COVID-19 Claims Reach Entire Insurance Coverage Spectrum

    Excerpt from Lexis Practice Advisor
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    COVID-19's impact on public health and business is triggering a barrage of insurance claims across virtually all traditional coverage areas, with each type of policy featuring unique weaknesses, says LexisNexis insurance consultant Karen Yotis.

  • What FDA Has Done So Far In Response To COVID-19

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    Tracking the U.S. Food and Drug Administration's evolving response to the COVID-19 pandemic, Mintz attorneys discuss the agency's efforts regarding clinical trials for drugs, vaccines and devices, emergency marketing of such products, and supply chain and marketplace safety.

  • SEC Investigation Shows Maturation Of Cannabis Scrutiny

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    The U.S. Securities and Exchange Commission’s investigation into accounting irregularities at cannabis giant Cronos Group shows a shift from rooting out fraud and manipulation in marijuana penny stocks, to applying more traditional enforcement scrutiny to marijuana-related businesses, say attorneys at Jenner & Block.

  • 3 Steps To Building Effective Teams While On Lockdown

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    When your team is working from different locations due to the COVID-19 outbreak, don’t default to just sending emails. Collaboration is much easier when team members are also communicating in real time over the phone or through videoconferences, say William Oxley and Meghan Rohling Kelly at BakerHostetler.

  • HIPAA Privacy Reminders For Plan Sponsors During COVID-19

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    Group health plan sponsors should heed a few basic tenets of Health Insurance Portability and Accountability Act patient privacy rules that will likely remain unchanged by future U.S. Department of Health and Human Services guidance mandated by the Coronavirus Aid, Relief, and Economic Security Act, says Brian Johnston at Jackson Lewis.

  • 5 FCA Enforcement Predictions After Coronavirus Relief Bill

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    Although the False Claims Act is not mentioned in the Coronavirus Aid, Relief and Economic Security Act, this unprecedented $2 trillion stimulus package likely has significant implications for FCA enforcement, says Andrew Schilling at Buckley.

  • Pandemic Highlights Flaws In Calif. Worker Classification Law

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    California employers implementing safety measures to prevent the spread of COVID-19 may increase their risk of violating the state’s law that limits independent contractor classification, revealing the need for a public health emergency exception, say Tao Leung and Ashley King at Hogan Lovells.

  • Tips For Cos. Confronting Pandemic Impact On Global Trade

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    Companies can best weather the effects of the pandemic on international trade by taking certain steps related to supply chains, tariff modifications, and export controls and sanctions, while also remaining mindful of the expanding jurisdiction of the Committee on Foreign Investments in the United States, say attorneys at Lowenstein Sandler.

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