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|First Risperdal Trial Ends With $2.5 Million Verdict Against J&J|
Lieff Cabraser Heimann Bernstein LLP;
March 24, 2015, previously published on February 25, 2015A Philadelphia jury returned a $2.5 million verdict against healthcare giant Johnson & Johnson for a 20-year-old autistic man from Alabama who allegedly developed large breasts as a teenager while prescribed the antipsychotic medication Risperdal. The lawsuit charged that Johnson & Johnson...
|New York Whistleblower Court First to Address What It Means to Identify Overpayment under ACA's 60 Day Rule|
A.G. (Alec) Alexander; Breazeale, Sachse & Wilson, L.L.P.;
March 24, 2015, previously published on January 21, 2015For the first time since its enactment as part of the Affordable Care Act (ACA) in 2010, a federal court in a whistleblower action will consider a provision requiring providers to return overpayments within sixty days of when they are “identified.” The upcoming decision by the United...
|Health Care E-lert - The Supreme Court Appears Closely Divided on the Fate of Tax Credits Under the Affordable Care Act|
March 24, 2015, previously published on March 4, 2015The US Supreme Court heard oral arguments on Wednesday, March 4, 2015 in King v. Burwell to determine the interpretation of a six-word phrase in the Affordable Care Act (“ACA”). The six-word phrase states the federal government can offer tax credits in the form of subsidies to help...
|Same-Sex Marriage and its Effect on Health Plans Offering Spousal Coverage|
Laura Fischer; Berenbaum Weinshienk PC;
March 24, 2015, previously published on November 7, 2014The United States Supreme Court’s decision on October 6, 2014 to deny review of various appellate court rulings (including the Tenth Circuit, the federal appeals court covering Colorado), which had struck down bans on same-sex marriage as unconstitutional, effectively legalized same-sex...
|Tort Of Intrusion Upon Seclusion And Breaches Of Personal Health Information:|
Borden Ladner Gervais LLP;
March 24, 2015, previously published on March 9, 2015In 2012, in the context of an action against a bank employee for reviewing the plaintiff’s confidential financial information without authorization and for the defendant’s personal reasons, the Court of Appeal imported the tort of intrusion on seclusion from American law into Ontario...
|CMS Releases New Proposed Regulations Regarding Accountable Care Organizations That Seek to Improve Program Participation|
Nicole J. Radziewicz, Ernest L. Tsoules; Rhoads & Sinon LLP;
March 23, 2015, previously published on March 2015On December 1, 2014, the Centers for Medicare & Medicaid Services (“CMS”) issued a proposed rule (“Rule”) that seeks to update and improve policies governing the Medicare Shared Savings Program (“Shared Savings Program” or “MSSP”). The Rule offers...
|The 2015 Employer Mandate Is Here; Have Health Care Strategies Becomes Limited for Plan Sponsors? - The Corporate Counselor, Vol. 29, Num. 12|
Jennifer S. Kiesewetter; Butler Snow LLP;
March 23, 2015, previously published on March 1, 2015The year 2015 is here and so is the Affordable Care Act’s (ACA) employer “play or pay” mandate, which has been delayed, in total or in part, twice. On July 2, 2013, the Administration delayed the employer mandate for employers with more than 50 employees until 2015. Then on Feb....
|Stripping the ACA of Both the Carrot and the Stick: Sticking it to Consumers On and Off the Federal Exchange|
Florence T. Wang, Ken Yood; Sheppard, Mullin, Richter & Hampton LLP;
March 23, 2015, previously published on March 13, 2015Even as we write and you read, the Supreme Court in King v. Burwell is considering whether qualifying (often low income) individuals and families who have an opportunity to purchase healthcare coverage through the Affordable Care Act’s (“ACA’s”) federal exchange also have...
|Young Men Allege Prescription Drug Risperdal Linked to Abnormal Male Breast Development|
Wendy R. Fleishman; Lieff, Cabraser, Heimann & Bernstein, LLP;
March 23, 2015, previously published on January 27, 2015Attorney Wendy R. Fleishman of the national plaintiffs’ law firm Lieff Cabraser Heimann & Bernstein, LLP, announced that four young men prescribed the antipsychotic medication Risperdal recently filed separate personal injury lawsuits alleging that Risperdal is a defective and dangerous...
|Time is Running Out to Avoid the Negative Effects of 2016 Value-Based Physician Payment Modifiers: CMS Releases Results of Medicare’s Value-Based Payment Modifier for 2015 as Final PQRS Participation Deadlines for 2016 Adjustments Approach|
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
March 23, 2015, previously published on March 11, 2015CMS recently released results of Medicare’s value-based payment modifier for 2015. This is the first year in which physicians are subject to adjustments under the payment system and, in this first phase of implementation, only affects practices with 100 or more eligible professionals.