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|Members of Ophthalmologist Group Charged with Illegal Boycott of Health Plan|
Robert G. Kidwell, Farrah C. Short, Bruce D. Sokler; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
February 21, 2017, previously published on January 24, 2017An ophthalmologist cooperative in Puerto Rico settled charges with the Federal Trade Commission (“FTC”) last week that it orchestrated an illegal boycott of a health plan. The FTC alleged that the cooperative urged its members to refuse to sign an agreement with the health plan that...
|Ambulatory Surgery Centers: Buy One, Get One Free|
Jonathan E. Montgomery; Gordon Feinblatt LLC;
February 20, 2017, previously published on Winter 2016Recently, there has emerged a new option for physicians seeking to own (or share) a slice of their very own single-room ambulatory surgery center (ASC) in Maryland. Traditionally, Maryland physicians faced a daunting obstacle to establishing an ASC: the fixed costs of construction and operation. On...
|Affordable Care Act is Target of Trump Executive Order on Inauguration Day|
Joy M. Napier-Joyce; Jackson Lewis P.C.;
February 20, 2017, previously published on January 23, 2017In one of his first actions in office, President Donald Trump signed an Executive Order to “Minimize the Economic Burden of the Patient Protection and Affordable Care Act Pending Repeal.” In a few short paragraphs, President Trump has given a very broad directive to federal agency...
|False Claims: Supreme Court Taketh and Giveth Away|
Leslie M. Cumber; Gordon Feinblatt LLC;
February 20, 2017, previously published on Winter 2016The federal False Claims Act subjects anyone who “knowingly” presents a false or fraudulent claim for payment or approval to the federal government to significant penalties. However, is it a “knowing” falsehood to be asked to be paid when the party submitting the bill...
|What is Section 1557?|
Alexandria K. Montanio; Gordon Feinblatt LLC;
February 20, 2017, previously published on Winter 2016One paragraph embedded in the Affordable Care Act (ACA), Section 1557, may drastically increase the number of discrimination cases brought against health care insurers and providers, assuming, of course, that it or the entire ACA is not repealed by Congress. Prior to Section 1557, prohibitions...
|Spangler v. McQuitty: A Second Bite at the Apple|
Justin P. Katz; Gordon Feinblatt LLC;
February 20, 2017, previously published on Winter 2016It is often said that when a party files a lawsuit, he or she is not entitled to more than one “bite at the apple”. Indeed, in most cases, aggrieved parties are precluded from bringing multiple rounds of litigation against the same person for claims arising out of the same incident....
|Mine Safety Agency Issues Safety Alert on Machinery|
Carla J. Gunnin; Jackson Lewis P.C.;
February 20, 2017, previously published on January 25, 2017Noting that 51 coal miners have been fatally injured in accidents involving machinery and powered haulage equipment over the past six-and-a-half years, the Mine Safety and Health Administration has released “Take Pride in Your Ride,” a safety alert focused on machinery.
|Lengthening Contracts with Tax-Exempt Entities|
Douglas Turner Coats; Gordon Feinblatt LLC;
February 20, 2017, previously published on Winter 2016Health care organizations that qualify for tax-exempt status under Internal Revenue Code Section 501(c)(3) are able to issue tax-exempt bonds to finance the construction of a health care facility. To protect against such bonds becoming taxable bonds, a health care organization must ensure that...
|The Future of the Affordable Care Act|
Matthew J. Goldman, Jordan E. Grushkin, Ken Yood; Sheppard, Mullin, Richter & Hampton LLP;
February 16, 2017, previously published on February 1, 2017One thing that has become clear since the election of Donald Trump is that efforts to repeal or amend the Affordable Care Act (ACA) will be a high priority legislative item for next year’s Congress and the incoming Administration. But to have a better grasp of what the future of health care...
|Status of the Affordable Care Act Repeal Efforts|
Pamela Landman, Stephanie Marcantonio, Paul W. Mourning; Cadwalader, Wickersham & Taft LLP;
February 15, 2017, previously published on January 23, 2017On January 20, 2017, Donald J. Trump became the 45th President of the United States. Consistent with his campaign promises to act swiftly to “repeal and replace” the Patient Protection and Affordable Care Act (“ACA”) (Public Law 111-148) and as telegraphed by Vice President...