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|Whistleblower Awarded For Uncovering Health Care Fraud|
Katie Nealon; Brayton Purcell LLP;
November 14, 2014, previously published on October 29, 2014This spring in Alabama, a nurse received $15 million for exposing the fraud of a national home healthcare company where she was formerly employed. The company was accused by justice department officials of making false claims for Medicare and other government healthcare insurance programs.
|Employer Pre-Medical Treatment Notice Policies Called Into Question|
Joseph F. Spitzzeri; Johnson & Bell, Ltd.;
November 13, 2014, previously published on October 2014As of January 2011, FedEx had a company policy that required immediate reporting of workplace injuries whether they required only minor first aid or professional medical treatment. In addition, the FedEx policy required that employees wishing to seek professional medical treatment for a workplace...
|IRS Releases Favorable Private Business Use Rules for Facilities Financed With Tax-Exempt Bonds|
Michael G. Bailey, David Y. Bannard, Chauncey W. Lever, Richard F. Riley, Mark T. Schieble; Foley & Lardner LLP;
November 12, 2014, previously published on October 28, 2014On October 24, 2014, the IRS released Notice 2014-67, which establishes more favorable safe harbors for types of service contracts and other arrangements using property financed with tax-exempt bonds. The Notice also provides helpful guidance of more limited scope regarding the treatment of...
|Supreme Court Asked to Review Standing in Stem Cell Challenge|
Antoinette F. Konski; Foley & Lardner LLP;
November 12, 2014, previously published on November 2, 2014The Public Patent Foundation and Consumer Watchdog (collectively “CW”) petitioned the U.S. Supreme Court on October 31, 2014, seeking reversal of the Federal Circuit’s dismissal of its appeal from a decision of the USPTO that upheld the validity of Wisconsin Alumni Research...
|mHealth Technology - Development in an Uncertain Regulatory Climate|
Monica R. Chmielewski; Foley & Lardner LLP;
November 12, 2014, previously published on October 27, 2014The development and use of mobile technologies and devices is expanding at an incredibly fast pace and is changing, and in fact revolutionizing, the way patients and healthcare providers interact. Mobile medical technologies or “mHealth” technologies and applications can allow patients...
|Ebola Preparedness: Employee Education Is Key|
John L. Litchfield; Foley & Lardner LLP;
November 12, 2014, previously published on October 27, 2014In the wake of the world’s largest Ebola Virus Disease (EVD) outbreak in history, Americans have been inundated with media hype surrounding the disease, and the government and employers’ perceived inadequacy in their response. While the threat of a widespread EVD outbreak in the United...
|Failure-to-Update Claims Against Generic Manufacturers Remain Viable|
Laura J. Bettenhausen; Baker Sterchi Cowden & Rice, L.L.C.;
November 12, 2014, previously published on October 16, 2014In Franzman v. Wyeth, Inc., et al., case number ED100312, the Missouri Court of Appeals for the Eastern District recently reversed the trial court’s judgment in favor of the manufacturers of the generic form of Reglan (the “Generic Defendants”) on the portion of Franzman’s...
|Outsourcing Ambulatory and Outpatient Services: What Hospitals Need to Know|
Roger D. Strode; Foley & Lardner LLP;
November 12, 2014, previously published on october 29, 2014We are in the midst of a trend involving the “outsourcing” of certain outpatient and ambulatory services by hospitals and health systems. These outsourcing transactions often involve partnerships with for-profit, specialty providers, such as imaging, ambulatory surgery, home health and...
|CMS Announces New Initiative Designed to Support Clinicians in Developing Comprehensive Quality Improvement Strategies|
James R. Dutro, Andrew G. Jack, John M. Kirsner, Kevin A. McGill, David T. Morris; Jones Day;
November 12, 2014, previously published on October 2014On October 23, 2014, the Centers for Medicare & Medicaid Services ("CMS") announced the Transforming Clinical Practice Initiative ("TCPI"), a new initiative aimed at supporting clinicians in developing comprehensive quality improvement strategies through collaborative...
|Colorado Board of Health Amends Quality Management Plan and Confidentiality Regulations|
Fred Miles; Husch Blackwell LLP;
November 12, 2014, previously published on November 3, 2014Recently, the Colorado Board of Health adopted amendments to Colorado Department of Public Health and Environment (CDPHE) regulations regarding Quality Management Plans of licensed healthcare facilities that are mandated by state statute.