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|FTC Settles Monopolization Charges Stemming from Contract Exclusivity Terms Used by First-to-Market Medical Polymer Maker|
Farrah Short, Bruce D. Sokler; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
May 19, 2016, previously published on April 28, 2016The mere possession of monopoly power does not violate federal antitrust laws. The laws only address the anticompetitive acquisition, maintenance, or abuse of that power. The Federal Trade Commission (“FTC”) entered into a consent agreement this week, settling charges that a medical...
|Physician Practice and Hospital Pay $750,000 and $1.5 Million for Failure to Have HIPAA Business Associate Agreements|
Clay J. Countryman; Breazeale, Sachse & Wilson, L.L.P.;
May 18, 2016, previously published on May 2016The Office for Civil Rights (OCR) recently announced two separate settlements with a hospital and a physician practice that highlight the importance of having HIPAA business associate agreements. Each of these HIPAA settlements were based on the failure to have a HIPAA business associate agreement...
|Rhode Island Trial Court Decision Could Spell Trouble for Employers Seeking to Enforce Restrictive Covenants Against Healthcare Employees|
Francesco A. DeLuca; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
May 18, 2016, previously published on April 25, 2016One of an employer’s first steps in a suit against a former employee to enforce a restrictive covenant is to seek a preliminary injunction to prevent the employee from continuing to violate his or her contractual obligations. But Rhode Island’s healthcare employers may no longer have...
|Another HIPAA Settlement ($750k) For Lack of Business Associate Agreement|
Rick L. Hindmand; McDonald Hopkins LLC;
May 16, 2016, previously published on April 21, 2016Yesterday, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced another HIPAA settlement with a covered entity for failure to enter into a business associate agreement.
|OIG Updates Criteria for Exclusion from Federal Health Care Programs|
Rick L. Hindmand; McDonald Hopkins LLC;
May 16, 2016, previously published on April 22, 2016On April 18, 2016, the Office of Inspector General (OIG) of the U.S. Department of Health and Human Services (HHS) updated its criteria for exercising its permissive exclusion authority against individuals and entities involved in false claims, kickbacks or other fraud and abuse violations.
|New York’s Highest Court Rules No-Fault Insurers are Not Required to Pay a Facility Fee to Doctors’ Offices|
Carmen Beauchamp Ciparick, Anne C. Reddy, Francis J. Serbaroli; Greenberg Traurig, LLP;
May 10, 2016, previously published on April 19, 2016In a recent decision, New York’s Court of Appeals, its highest court, has ruled that no-fault automobile insurers do not have to pay a facility fee for procedures performed in private physician offices. This GT Alert analyzes the decision and its implications.
|Second Circuit Holds HR Professionals Can Be Liable as ‘Employers’ Under FMLA|
Kelly M. Cardin, John G. Stretton; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
May 2, 2016, previously published on April 14, 2016The Second Circuit Court of Appeals has recently held that a human resources manager could be held liable as an employer under the Family and Medical Leave Act (FMLA). In issuing its decision in Graziadio v. Culinary Institute of America, the court also articulated standards for FMLA interference...
|Health Care Congressional Outlook for the Spring Work Period|
Eli Greenspan, Alexander Hecht, Rodney Whitlock; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
April 28, 2016, previously published on April 4, 2016The next work period basically runs from April 4 to May 27, with both chambers adjourning for a week long recess the week of May 2. Following this work period, there will be five weeks left on the legislative calendar before Congress recesses for Summer. This means legislative initiatives will have...
|Senate HELP Committee Convenes Third and Final Cures Markup|
Eli Greenspan; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
April 27, 2016, previously published on April 6, 2016This morning the Senate Committee on Health, Education, Labor, and Pensions (HELP) will hold its third and final markup for its biomedical innovations package. This package is a compliment to the House-passed 21st Century Cures Act, which the House passed in July of 2015. The previous two hearings...
|Illinois Creates Health Care Fraud Elimination Task Force|
Katherine S. Makielski, Heather M. O'Shea; Jones Day;
April 26, 2016, previously published on April 2016On April 5, 2016, Illinois Governor Bruce Rauner signed Executive Order 16-05, creating a new Health Care Fraud Elimination Task Force to address fraud, abuse, and waste in the state's health care programs. The Task Force will be led by Executive Inspector General Maggie Hickey and consist of 11...