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|Planned Parenthood Ruling Deepens Current Split in the Circuits Regarding the Level of Specificity Required in FCA Cases|
Victoria H. Buter, Edward M. Fox, Thomas J. Kenny; Kutak Rock LLP;
September 16, 2014, previously published on September 9, 2014In the recent case of United States ex rel. Thayer v. Planned Parenthood of the Heartland, No. 13 1654, 2014 WL 4251603 (8th Cir. Aug. 29, 2014), the Eighth Circuit deepened the current split in the circuits regarding the level of specificity required in a False Claim Act (FCA) case, making it...
|Consent for Minors|
Kim Stanger; Holland Hart LLP;
September 15, 2014, previously published on September 11, 2014Well-intentioned healthcare providers often mistakenly assume that persons under age 18 (minors) may consent to their own healthcare. Treatment of a minor without proper consent may expose the practitioner to tort liability for lack of informed consent or battery in addition to limiting the...
|Local Cardiology Practice Enters Into $1.3 Million Dollar Settlement for Alleged Stark Law and False Claims Act Violations|
Laurel E. Baum, Jennifer R. Bolster, Raymond R. D'Agostino, Catherine A. Diviney, Meghan S. Gaffey; Hancock Estabrook, LLP;
September 12, 2014, previously published on September 2014On August 14, 2014, the United States Attorney for the Northern District of New York, Richard S. Hartunian, announced a $1.3 million settlement with Cardiovascular Specialists, P.C., d/b/a New York Heart Center (NYHC), a cardiology practice with offices throughout central and northern New York,...
|Centers for Medicare & Medicaid Services Adopts Final Rule on Certified Electronic Health Records Technology|
Sarah Logan Mancebo; GrayRobinson, P.A.;
September 12, 2014, previously published on September 5, 2014The Centers for Medicare & Medicaid Services ("CMS") finalized a rule (the "Final Rule") on Friday, August 29, 2014 that grants certain health care providers additional time to upgrade electronic health record systems to meet meaningful use requirements under the Medicare...
|CMS Offers Settlement To Hospitals For Resolving Patient Status Denials|
Craig O. Sieverding; Davis, Brown, Koehn, Shors & Roberts, P.C.;
September 11, 2014, previously published on September 9, 2014On September 9, 2014, the Centers for Medicare & Medicaid Services (CMS) held a conference call with providers and other interested parties regarding CMS’s recent offer to resolve any acute care or critical access hospitals’ pending appeals of patient status claim denials.
|Recent Rejection of Sunshine Act Data Submissions Pushes Back Deadlines|
Kathleen M. Marcus, Susan Tran, Jason de Bretteville; Stradling Yocca Carlson & Rauth A Professional Corporation;
September 11, 2014, previously published on August 25, 2014Implementation of the Sunshine Act continues to encounter stumbling blocks. On August 15, 2014 the Centers for Medicare and Medicaid Services (“CMS”) announced that it would be withholding one-third of the records it received from drug and medical device manufacturers under the Sunshine...
|Litigation over the ACA Continues|
McDonald Hopkins LLC;
September 10, 2014, previously published on September 5, 2014The future of Affordable Care Act subsidies in 36 states will be reconsidered in court—this time in a situation more favorable for the White House.
|McCarthy lays out September agenda for House|
McDonald Hopkins LLC;
September 10, 2014, previously published on September 5, 2014Newly minted House Majority Leader Kevin McCarthy (R-CA) released a memo this week outlining the House GOP’s agenda for September.
|Pennsylvania Gets a Green Light to Pursue Medicaid Expansion under an Alternative Model|
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
September 10, 2014, previously published on September 5, 2014The Centers for Medicare and Medicaid Services (CMS) has approved Pennsylvania’s demonstration proposal to expand Medicaid to adults with incomes through 133 percent of the federal poverty line. The state is the 28th (including D.C.) to pursue Medicaid expansion, and one of a growing number...
|The True Meaning of “Save Money. Live Better” - Walmart Enters the Primary Care Market|
Eric A. Klein; Sheppard, Mullin, Richter & Hampton LLP;
September 10, 2014, previously published on September 8, 2014As reported in the New York Times, Walmart has taken the plunge into the retail primary care healthcare delivery market. Walmart has opened six primary care locations in South Carolina and Texas and plans to open another six by year end. These primary care clinics are intended to offer a broader...