Health

Expert Analysis

• What Is A 'Reasonably Useful Form' For Production Of ESI?

  

  While federal rules require production of electronically stored information in its native format or a "reasonably useful form," recent court rulings offer guidance on avoiding production of ESI in its native format when it would be unduly burdensome, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

• Scrutiny Of Patient Assistance Program Funding Is Rising

  

  Recent anti-kickback enforcement actions from the U.S. Department of Justice highlight why relationships between pharmaceutical companies and funds that help patients afford prescriptions must maintain the required hallmarks of independence, say attorneys at Loeb & Loeb.

• Evolving Deference Principles May Affect Tax Matters

  

  Agency deference is sure to be a hot topic for taxpayers and their representatives in 2020, as several important cases addressed the issue this year, and the U.S. Department of the Treasury and the Internal Revenue Service have provided an incredible amount of guidance since 2017’s tax overhaul, say Andrew Roberson and Kevin Spencer at McDermott.

• Patent Decision Highlights Cross-Appeal Considerations

  

  The Federal Circuit's recent decision in IPR Licensing overruled precedent to hold that the cross-appeal rule is not jurisdictional, demonstrating the complexity of this seemingly simple rule and its various applications within the circuit courts, says Michael Soyfer at Quinn Emanuel.

• Okla. Marijuana Ruling Underscores Broad Worker Projections

  

  The Oklahoma Court of Civil Appeals’ recent employee-friendly decision in Rose v. Berry Plastics highlights the hardships employers could face when relying on a drug test as sole proof to show a medical marijuana licensee was under the influence at work, say Ellen Adams and Scott Kiplinger of GableGotwals.

• Tracking 3 Enforcement Trends In Health Care

  

  Now is a good time to consider the issues that received enforcement attention in the health care industry this year and how they may shape developments in 2020, says Jaime Jones at Sidley.

• Opinion

  Time To Respect Florida Law And Patients' Right To Know

  

  Florida's Amendment 7, which gives patients access to health care providers' records concerning adverse medical incidents, just celebrated its 15th birthday — so attorneys defending medical malpractice cases should stop citing statutes made obsolete by the amendment, says Nicholas Johnson of Cohen Milstein.

• Perspectives

  Book Review: Who's To Blame For The Broken Legal System?

  

  The provocative new book by Alec Karakatsanis, "Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System," shines a searing light on the anachronism that is the American criminal justice system, says Sixth Circuit Judge Bernice Donald.

• Advising Cannabis Cos. As Mich. Legalizes Recreational Use

  

  In light of Michigan's lighting-fast legalization of recreational marijuana sales, attorneys counseling cannabis companies should be aware of the unique state licensing requirements, and note the distinctions between dispensary, grower and processor clients ahead of the Dec. 1 rollout, says Lance Boldrey of Dykema.

• State Net

  How States' 2020 Policy Agendas Are Taking Shape

  

  State legislators are already hammering out their agendas for 2020, with data privacy and security, the gig economy, drug prices and Medicaid expansion likely to be central to next year's state legislative battles, says Rich Ehisen of State Net Capitol Journal.

• The Top Pennsylvania Employment Law Changes In 2019

  

  This year, equal pay, fair scheduling and paid sick leave updates dominated Pennsylvania’s employment law discussions, but 2020 promises more developments at the local, state and federal levels that will require employers to evaluate their policies and practices, says Stephanie Rawitt of Clark Hill.

• 7 Questions As We Await HHS Health Info-Blocking Rule

  

  In an upcoming final rule that would dramatically change the landscape of health information disclosures in the U.S. by reversing the typical privacy-governing framework, the U.S. Department of Health and Human Services may address several questions that have been raised during the public comment period, says Alex Dworkowitz at Manatt.

• HHS Anti-Kickback Plan Could Boost Patient Engagement

  

  The U.S. Department of Health and Human Services' recently proposed safe harbor to the Anti-Kickback Statute represents a welcome relaxation of regulatory barriers, potentially enabling providers to improve patient engagement and deploy technological products aimed at coordinated care, but it may present significant implementation challenges, say attorneys at Moses & Singer.

• Health Care Fraud Lessons For Lawyers Advising Doctors

  

  The U.S. Department of Justice's seven recent health care fraud takedowns reflect an overall shift in how this type of fraud works, from doctor-driven to doctor-enabled schemes, says Stephen Lee at Benesch.

• How To Hire Lateral Partners More Effectively

  

  Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.