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HTMLFees and Costs Awarded to False Claims Act Defendant
Seth A. Goldberg; Duane Morris LLP;
Legal Alert/Article
March 13, 2015, previously published on January 9, 2015
A recent decision in the U.S. District Court for the Southern District of New York provides fair warning to qui tam relators who assert erroneous claims under the False Claims Act ("FCA") that they could be hit with legal fees and expenses pursuant to 31 U.S.C. § 3730, which permits...

 

HTMLACOs are More Important Than Ever for LTC Facilities
Amy E. McCracken; Duane Morris LLP;
Legal Alert/Article
March 13, 2015, previously published on January 27, 2015
On January 26, 2015, the United States Department of Health & Human Services (HHS) announced its timeline for shifting Medicare reimbursements from volume-based criteria to value-based criteria. HHS has adopted a framework that categorizes health care payments according to how providers receive...

 

HTMLNew CMS Payment Policy Will Negatively impact Healthcare Investors
C. Mitchell Goldman; Duane Morris LLP;
Legal Alert/Article
March 13, 2015, previously published on January 29, 2015
I have been concerned about the difficulty of projecting revenue and determining valuations for new and existing healthcare companies based on risk based reimbursement models. My fears have not been allayed. Rather, they have been confirmed.

 

HTMLTo Close or Not to Close: Tennessee Attorney General Weighs in on Hospital Bonuses and What Constitutes a Strategic Plan
John H. Lawrence; Chambliss, Bahner & Stophel, P.C.;
Legal Alert/Article
March 13, 2015, previously published on January 29, 2015
On January 28, 2015, the Tennessee Attorney General ("Attorney General") issued a formal opinion ("Opinion") addressing (1) whether Tennessee law permits "the board of a public hospital to meet in closed session to discuss executive compensation and executive bonuses;"...

 

HTMLTop Three Problems with Text Messaging in Health Care Settings
Amy E. McCracken; Duane Morris LLP;
Legal Alert/Article
March 13, 2015, previously published on January 16, 2015
1. Since most text messaging is not a secure form of communication, it raises HIPAA concerns if any protected health information is included in the text message. There is the possibility of a data breach in the transmission of the text message, as well as in the event of a lost or stolen phone.

 

HTMLAntipsychotic Drug Use Can Lower Nursing Home's Five-Star Rating
Amy E. McCracken; Duane Morris LLP;
Legal Alert/Article
March 13, 2015, previously published on January 9, 2015
The Centers for Medicare & Medicaid Services (CMS) is continuing its efforts to reduce the national prevalence of antipsychotic drug use in long-stay nursing home residents. Its initial goal of a 15.1% reduction in antipsychotic drug use was met, so CMS now seeks to reduce antipsychotic drugs...

 

HTMLFTC Announces Annual Revision to HSR Jurisdictional Thresholds
Robert G. Kidwell, Helen J. Kim, Farrah Short, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
March 12, 2015, previously published on January 15, 2015
The Federal Trade Commission (FTC) announced on January 15, 2015 increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act).

 

HTMLCalifornia Issues Emergency Regulation on Access to Healthcare Providers
Aaron J. Aisen, Sandra McDermott; Goldberg Segalla LLP;
Legal Alert/Article
March 12, 2015, previously published on February 17, 2015
During his second inauguration, California Insurance Commissioner Dave Jones, announced a new emergency regulation relating to access to healthcare providers.

 

HTMLFeedlot Health Management Services Ltd v The Queen, 2015 TCC 32, The Tax Court Considers Fundamental SR&ED Principles
Robert D. McCue; Bennett Jones LLP;
Legal Alert/Article
March 12, 2015, previously published on February 17, 2015
Bennett Jones LLP represented Feedlot Health Management Services Ltd. (FHMS) in the recent Tax Court of Canada proceeding, Feedlot Health Management Services Ltd v The Queen (2015 TCC 32). The case concerned certain fundamental principles with respect to the interpretation of the definition of...

 

HTMLUrban Legend - Medicare Set-Asides for Third Party Liability Cases
Carl L. Fessenden, Heath Langle, Norman V. Prior; Porter Scott A Professional Corporation;
Legal Alert/Article
March 11, 2015
Since the Centers for Medicare and Medicaid Services (CMS) introduced mandatory electronic reporting requirements for all liability carriers, there has been a well-founded concern that CMS will now aggressively act to ensure its interests are protected in third-party liability settlements....

 


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