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HTMLFTC v. Actavis on Remand: A New Chapter
Don T. Hibner; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 11, 2014, previously published on May 28, 2014
District Court refuses to grant renewed motion to dismiss based on Noerr-Pennington doctrine. In re AndroGel Antitrust Litigation (No. II), MDL No. 2084 (re Federal Trade Commission v. Actavis, Inc., No. 1:09-CV-955-TWT) (N.D. GA April 21, 2014).

 

HTMLHouse Committee Questions Authority of a DHHS Staff Division to Regulate Health It
Rachel Landauer, Lynsey Mitchel; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
June 11, 2014, previously published on June 10, 2014
Is the Office of the National Coordinator for Health Information Technology (ONC) overstepping its statutory authority in pursuing enhanced regulatory activity? A June 3, 2014 letter from the House Committee on Energy and Commerce to ONC explores this very question.

 

HTMLCloudy Skies Ahead for Providers? CMS’ Release of Medicare Billing Data Combined with Physician Payment Sunshine Act Data May Boost Fraud Litigation
Charles L. Kreindler, Barbara E. Taylor; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 9, 2014, previously published on June 4, 2014
In February 2013, we reported (on our Healthcare Law Blog) that the Centers for Medicare and Medicaid Services (CMS) announced the final rule for the Physician Payments Sunshine Act. In the interest of providing more transparency for patients, the final rule requires pharmaceutical and medical...

 

HTMLQuantifying and Addressing Improper Payments for Medicare Evaluation and Management Services
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 9, 2014, previously published on June 2, 2014
A review of Medicare Part B claims for evaluation and management (E/M) services conducted by the Office of the Inspector General (OIG) has found that the program paid $6.7 billion in improper payments in 2010. This figure represents 21 percent of all E/M payments for the year; E/M payments,...

 

HTMLHall v. Rite Aid and the Return of the Underpants Gnomes
Thomas R. Kaufman; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 9, 2014, previously published on May 27, 2014
The Fourth District Court of Appeal’s decision earlier this month in Hall v. Rite Aid Corp. represents an unfortunate step backwards in the development of a coherent jurisprudence on class certification. In a misunderstanding of a general class action principle discussed in Brinker Restaurant...

 

HTMLProposed Modifications to EHR Incentive Programs
Eric A. Klein; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 9, 2014, previously published on May 27, 2014
Last year, HHS revised policies and definitions surrounding what constitutes certified EHR technology—required for meaningful use incentive program payment eligibility—from the 2011 Edition criteria to the 2014 Edition criteria. Now, CMS has issued a proposed rule in response to...

 

HTML“They’re Here” - What You Need to Know Now About the Chilling New DoD Counterfeit Parts Rule ... and its NASA “Spinoff”
Alexander Major; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
June 6, 2014, previously published on May 20, 2014
If you are a contractor that interacts with both the Department of Defense and “electronic parts,” it is time to grab the caffeinated beverage of your choice, crack open 79 FR 26,092, and begin the bone-tingling read that is sure to keep many supply chain managers up at night....

 

HTMLDeveloper-Prepared Cost Comparisons Can Show Economic Infeasibility Under CEQA
Deborah M. Rosenthal; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 5, 2014, previously published on June 2, 2014
In a precedent-setting decision, the First District Court of Appeal approved the alternatives analysis used to support a massive 35-year landfill expansion in the Suisun Marsh. Challengers argued that more evidence was required to reject a reduced-size, shorter-term alternative on the ground of...

 

HTMLProposed modifications to EHR Incentive Programs
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 2, 2014, previously published on May 27, 2014
Last year, HHS revised policies and definitions surrounding what constitutes certified EHR technology—required for meaningful use incentive program payment eligibility—from the 2011 Edition criteria to the 2014 Edition criteria. Now, CMS has issued a proposed rule in response to...

 

HTMLHow Are Your Physicians Compensated? Stark Law + False Claims Act = Halifax Paying $85 Million
Charles L. Kreindler, Barbara E. Taylor; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 26, 2014, previously published on May 21, 2014
On March 10, 2014, just days before trial, Halifax Hospital Medical Center and Halifax Staffing, Inc. (collectively “Halifax”) entered into an $85 million settlement with the U.S. Department of Justice resolving allegations that they violated the False Claims Act (“FCA”) by...

 


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