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Health

  • January 15, 2019

    High Court Wary Of Skipped HHS Rulemaking On Hospital Pay

    U.S. Supreme Court justices on Tuesday appeared skeptical of the U.S. Department of Health and Human Services’ refusal to conduct notice-and-comment rulemaking when outlining a Medicare reimbursement policy that affects billions of dollars in hospital payments.

  • January 15, 2019

    NY Lawmakers Pass Bill Banning Transgender Discrimination

    New York state lawmakers on Tuesday passed a bill to outlaw gender identity-based discrimination, bringing an end to a 16-year push to get the legislation on the governor’s desk.

  • January 15, 2019

    Del. Hospital Must Face Death Suit Over Hip Surgery

    A Delaware judge on Tuesday refused a hospital’s motion to block punitive damages in a suit over a patient’s death after hip surgery, also rejecting the hospital’s contention that a legal release for a doctor applied to the hospital as well.

  • January 15, 2019

    Subcontractor Deals Outside Union's Purview: NLRB Memo

    The National Labor Relations Board general counsel’s office unveiled a trio of advice memorandums on Monday, finding in one that an energy company could start enforcing a nonsolicitation clause that prevented subcontractors from hiring its workers for six months without first bargaining with the union that represented them.

  • January 15, 2019

    Walgreen, Equity Co. Can't Dodge Doctor's Work Bias Suit

    Walgreen Co. and a Chicago private equity investment company must face a woman’s lawsuit claiming they wrongfully fired her from a business she helped create and they now own because they held substantial control over her working conditions, an Illinois federal judge held Tuesday.

  • January 15, 2019

    Purdue Brass Pinned Opioid Crisis On Addicts, Mass. AG Says

    A court filing by Massachusetts Attorney General Maura Healey on Tuesday revealed new information about the inner workings of Purdue Pharma and its controlling Sackler family as they marketed OxyContin over the past two decades, including harsh statements by executives that point to a strategy of blaming drug users for addiction to the painkiller.

  • January 15, 2019

    UnitedHealth's Offsetting Method Unreasonable, Says 8th Circ.

    The Eighth Circuit ruled Tuesday that UnitedHealth Group Inc. isn’t allowed to offset overpayments to providers from certain health plans by withholding payments to those providers from other health plans, affirming a lower court’s finding that the insurer’s interpretation of plan documents was unreasonable.

  • January 15, 2019

    Gottlieb Says 400 FDA Staff Back On Inspections

    The head of the U.S. Food and Drug Administration on Tuesday said on Twitter that 400 agency staff members are being called back from furlough to carry out high-risk inspections for food, drugs and medical devices.

  • January 15, 2019

    OIG Says Va. Must Repay $14M In Extra Medicaid Bonuses

    An audit by the U.S. Department of Health and Human Services’ Office of the Inspector General found that the Centers for Medicare & Medicaid Services overpaid the state of Virginia by approximately $14 million from fiscal year 2011 through 2013 to offset the costs of increased enrollment of children in Medicaid.

  • January 15, 2019

    Dems Seek Senate Intervention In 5th Circ. ACA Case

    Senate Democrats pushed the chamber and its general counsel Tuesday to intervene in a blockbuster legal feud over the Affordable Care Act, introducing a resolution that mirrors one passed by the House seeking to reverse a Texas federal judge’s striking of the law.

  • January 15, 2019

    Barr Walks Back Anti-False Claims Act Whistleblower Views

    U.S. attorney general nominee William Barr on Tuesday walked back previous comments about the False Claims Act's whistleblower provisions' being an "abomination" and unconstitutional, saying he would "diligently enforce" the law if confirmed to lead the U.S. Department of Justice.

  • January 14, 2019

    Skip Md.'s Bid To Revive Price-Gouging Law, Justices Urged

    The generic-drug industry on Monday urged the U.S. Supreme Court to turn down Maryland's attempt to revive a state law targeting price gouging, arguing that Maryland is attempting to skirt a "bedrock principle of federalism" by regulating what happens in other states.

  • January 14, 2019

    Wash. Tribe Seeks Quick Win In HHS Contract Payment Row

    The Swinomish Indian Tribal Community has urged a D.C. federal court to grant it a quick win in its suit accusing the U.S. Department of Health and Human Services of underpayment on certain health care program costs, claiming the failure to make payments violates the Indian Self-Determination and Education Assistance Act.

  • January 14, 2019

    Promise Healthcare Gets Nod For $3M Exec Bonus In Ch. 11

    A Delaware bankruptcy judge on Monday signed off on a revised version of bankrupt hospital operator Promise Healthcare’s plan to pay up to $3 million in bonus pay to an executive if certain targets are met in its planned Chapter 11 sale of assets, after concerns were raised about a prior proposal for the incentive pay.

  • January 14, 2019

    CVS CEO Unveils $100M Initiative For 1-Stop Health Care Shop

    CVS Health Corp. CEO Larry Merlo on Monday announced a five-year, $100 million commitment to the creation of a health care model that he said would give consumers a more localized, one-stop shop for care and simplify treatment options.

  • January 14, 2019

    Mueller Probe To Dominate Barr Confirmation Hearing

    The Senate Judiciary Committee is set to start grilling President Donald Trump's attorney general nominee William Barr Tuesday, and the biggest item on the menu is undoubtedly his supervision of Special Counsel Robert Mueller’s investigation into Russian interference in the 2016 presidential election.

  • January 14, 2019

    Ethicon Gets One Covidien Claim Tossed In Patent Dispute

    A Boston federal judge on Monday dropped one of several patent infringement claims brought by Covidien LP in a lawsuit headed to trial later this year against competitor Ethicon Endo-Surgery Inc. over a surgical device.

  • January 14, 2019

    Trump's ACA Birth Control Rules Blocked Nationwide

    A Pennsylvania federal judge issued a nationwide injunction Monday blocking Trump administration carveouts to the Affordable Care Act's birth control mandate from taking effect, one day after a court in California blocked the same ACA exemptions in 13 states and the District of Columbia.

  • January 14, 2019

    Ex-GC Returns To Lead Haynes And Boone Group In Dallas

    A former partner in Haynes and Boone LLP's white collar practice group has returned to the law firm's Dallas office — after a stint as assistant general counsel for a public health care company — where he will co-lead its health care and life sciences group, the firm announced Monday.

  • January 14, 2019

    Pharmacy, PE Fund Back Judge's Trim Of $70M FCA Suit

    A compounding pharmacy and its private equity fund owner blasted the government’s objections to a Florida federal magistrate judge’s recommendation to cut a False Claims Act allegation from litigation over their purported $70 million kickback scheme, arguing Friday that the suit doesn’t show they made false certifications to Tricare.

Expert Analysis

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • What Conn. Opioid Ruling Means For Liability Insurers

    Patrick Bedell

    In New Haven v. Purdue, a Connecticut state judge ruled last week that opioid manufacturers are not liable for cities' emergency and social services costs. This decision protects liability insurance from being transformed into a funding mechanism for social problems that it was not designed to cover, say Patrick Bedell and Kevin Harris of BatesCarey LLP.

  • 5 Lessons From State AGs' HIPAA Data Breach Suit

    Hanley Chew

    The allegations in State of Indiana v. Medical Informatics Engineering — the first federal lawsuit filed by multiple state attorneys general over a data breach based upon alleged Health Insurance Portability and Accountability Act violations — provide some guidance on adequate network security, say Hanley Chew and Tyler Newby of Fenwick & West LLP.

  • The Trump Administration's Latest Drug Pricing Initiatives

    Tom Bulleit

    In 2018, the Trump administration took few concrete steps that will significantly impact drug prices in the near future. The most consequential ideas lack political support, while the more feasible ideas are unlikely to change much, say attorneys at Ropes & Gray LLP.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • Handling Corporate Congressional Probes In The Trump Era

    John Hellerman

    President Donald Trump’s approach to crisis communications has changed the game enough to demand companies' consideration of a whole new set of options. John Hellerman of Hellerman Communications and Bill Pittard of KaiserDillon PLLC discuss whether corporations can successfully use similar tactics.

  • A Look Inside CMS' New Medicare Shared Savings Program

    Michael Lampert

    The Centers for Medicare & Medicaid Services recently issued its final rule overhauling the Medicare shared savings program for accountable care organizations. Attorneys with Ropes & Gray LLP review some of the primary changes, including new beneficiary incentives and coverage for telehealth services.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Cybersecurity's Developing Role In FCPA Compliance

    Ryan Rohlfsen

    While much attention has been paid to recent revisions to the Foreign Corrupt Practices Act Corporate Enforcement Policy, other developments suggest that the U.S. Department of Justice may also be adapting FCPA enforcement principles to the area of cybersecurity, say attorneys with Ropes & Gray LLP.

  • 10 Governance Challenges Health Care Systems Face In 2019

    Michael Peregrine

    Rapid industry consolidation, changing payment models and foreboding economic projections are a few of the many obstacles health system boards should be prepared to address this year, says Michael Peregrine of McDermott Will & Emery LLP.