Health

Expert Analysis

• Uncertainty On Hospital Disproportionate Share Pay Eligibility

  

  In two recent disputes over whether hospitals serving a disproportionate number of low-income patients qualify for additional payments under Medicare and Medicaid, hospitals can claim one tentative win at the U.S. Supreme Court and one loss at the D.C. Circuit, say Stuart Gerson and Rob Wanerman of Epstein Becker.

• Reinforcing Insurance Coverage For Gov't Investigations

  

  The Superior Court of Delaware's recent decision in Conduent v. AIG Specialty Insurance adds to the authority that government investigations satisfy the "claim" and "wrongful act" definitions in claims-made professional liability insurance policies, and is instructive as to how policyholders can strengthen their coverage, say Donovan Hicks and Brian Scarbrough of Jenner & Block.

• Crisis Messaging To Protect Law Firm Brand And Bottom Line

  

  When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

• What Cos. Should Consider To Prep For Nev. Data Privacy Law

  

  Website operators that collect and sell Nevada residents' personal information should lay the groundwork for compliance with Nevada Senate Bill 220, effective on Oct. 1, which will be the first U.S. law to grant consumers the right to opt out of the sale of their data, say attorneys at Morgan Lewis.

• Perspectives

  What You Should Know About Courtroom Closures

  

  At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.

• The Outlook On Drug Pricing And Surprise Billing In Congress

  

  Recent months have seen a flurry of activity in Congress on prescription drug pricing and surprise medical bills, and additional developments are expected in September, including possible floor action, say attorneys at Akin Gump.

• Series

  Why I Became A Lawyer: A Seaweed Scientist's Odyssey

  

  In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.

• How To Counter Jury Reliance On Plaintiff's Damages Ask

  

  Years of interviewing jurors and observing deliberation show that the amount juries award in damages is almost always influenced by the amount of the plaintiff's demand, but there are three ways defense counsel can combat this anchoring effect, says Christina Marinakis at Litigation Insights.

• Athenex Ruling Helps Clarify FDA Drug Compounding Policy

  

  The D.C. federal court's recent decision in Athenex Pharma Solutions v. Azar gives the U.S. Food and Drug Administration a green light to review and exclude more substances from compounding under Section 503B of the federal Food, Drug and Cosmetic Act, say attorneys at Akin Gump.

• 3rd Circ. Decision Limits Liability Of Board Observers

  

  The Third Circuit's ruling that nonvoting board observers did not carry the same fiduciary duties as actual board members in Obasi Investment v. Tibet Pharmaceuticals holds broad applicability for private equity, venture capital funds and other third parties that frequently designate board observers, say attorneys at White and Williams.

• State Net

  How States Are Attending To Medical Balance Billing

  

  With emergency room visits involving care from out-of-network providers sometimes resulting in balance bills reaching thousands of dollars, 32 states this year have taken legislative action, and those that have not are under increasing pressure to do so, says Korey Clark of State Net Capitol Journal.

• What OIG Self-Disclosure Guidance Means For HHS Grantees

  

  Recently, the U.S. Department of Health and Human Services' Office of Inspector General issued guidance on mandatory and voluntary self-disclosure actions for grant recipients. Grantees need to understand the risks and benefits offered by voluntary self-disclosure, considering the OIG's aggressive enforcement calendar, say attorneys at Ropes & Gray.

• Perspectives

  Addressing Health Care Liens In Sexual Assault Settlements

  

  When litigating sexual assault cases that result in settlement, plaintiffs attorneys should thoroughly investigate how the plaintiff's medical bills were paid, and proactively prepare for insurers' potential health care liens, says Courtney Delaney of Epiq.

• Opinion

  Clients Benefit From Law Firm Expense Growth

  

  Although there continue to be corporate clients who are seduced by the idea that cheapest is always best when it comes to outside counsel, there are many negative implications on service delivery that result from myopically focusing only on cost reduction at the expense of quality and innovation, says Keith Maziarek at Katten Muchin.

• Employer Insights From 8th Circ. Retaliation Ruling

  

  The Eighth Circuit's recent decision in Lovelace v. Washington University School of Medicine — a suit alleging retaliation claims under the Family and Medical Leave Act and the Missouri Human Rights Act — reinforces for employers important causation principles and what constitutes a good-faith discrimination complaint, says Elisa Lintemuth at Dykema.