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|Sixth Circuit Decision Highlights Importance of Antitrust Considerations in Health Care Consolidation Planning|
Matthew E. Albers, Jolie N. Havens, Amanda McMurray Roe; Vorys, Sater, Seymour and Pease LLP;
April 24, 2014, previously published on April 22, 2014Capping one of the most significant periods of antitrust enforcement in the history of the health care industry, today the Sixth Circuit delivered its opinion in ProMedica Health System, Inc. vs. Federal Trade Commission (No. 12-3583), denying ProMedica’s petition for review of the Federal...
|Healthcare Organizations Can Take Steps to Mitigate Heartbleed Impact|
Peter J. Enko, Deborah H. Juhnke, Wakaba Y. Tessier; Husch Blackwell LLP;
April 24, 2014, previously published on April 15, 2014Because the healthcare community relies upon encryption to safeguard e-Protected Health Information (ePHI), vulnerability to the underlying security of any encryption code is potentially devastating.
|FTC’s Workshop Examining Health Care Competition Covers a Variety of Notable Topics|
Alexis Slagle Gilroy, Bevin M.B. Newman, Toby G. Singer; Jones Day;
April 24, 2014, previously published on April 2014In support of efforts to reduce health care costs while concurrently increasing quality and accessibility in the health care industry, the Federal Trade Commission ("FTC") covered a number of topics relating to competition issues in the U.S. health care system during a special workshop on...
|Medicare’s 60-Day Proposed Refund Rule Imposes Significant Liability on Providers|
Asha M. Natarajan, Lawrence W. Vernaglia; Foley & Lardner LLP;
April 24, 2014, previously published on April 17, 2014As part of the Affordable Care Act, Congress outlined the process for providers to return Medicare and Medicaid overpayments. In 2012, CMS proposed the 60-day Refund Rule, as it is commonly known, requiring Medicare providers and suppliers to report and return reimbursements made in error within 60...
|New Jersey Healthcare Regulatory Update|
Angelo J. Cifaldi, Gordon J. Golum, Peter A. Greenbaum, Douglas Watson Lubic, Michael F. Schaff; Wilentz, Goldman & Spitzer P.A.;
April 23, 2014, previously published on April 9, 2014As a service to our healthcare clients, the following is provided as a brief summary of regulatory changes published in the New Jersey Register during March 2014. This summary is provided for informational purposes only and the reader is urged to review the entire text of the changes as such...
|New Data Shows Higher Healthcare Costs in Second Half of 2013 - Is this A Result of the Affordable Care Act?|
Eric A. Klein; Sheppard, Mullin, Richter & Hampton LLP;
April 23, 2014, previously published on April 21, 2014Will insurance expansion and industry consolidation result in higher healthcare costs, at least in the short term, and further stress the economy and the healthcare industry? That highly political question is being asked now in light of preliminary analysis of 2013 healthcare spending data.
|HHS Releases New Software for Updating (But Not Replacing) HIPAA Security Risk Assessment Toolkits|
Eric A. Klein, Lynsey Mitchel; Sheppard, Mullin, Richter & Hampton LLP;
April 23, 2014, previously published on April 14, 2014Last week, the Department of Health and Human Services (HHS) released a new, free, downloadable tool to assist small and medium-size health care provider offices to conduct security risk assessments (SRA).
|Federal Jury Awards Punitive Damages In Actos Bladder Cancer Trial|
Stephen H. Cassidy; Lieff, Cabraser, Heimann & Bernstein, LLP;
April 22, 2014, previously published on April 8, 2014A federal jury in Louisiana yesterday ordered Takeda Pharmaceutical Company and Eli Lilly & Company to pay $1,475,000 in compensatory damages, finding that they failed to adequately warn about bladder-cancer risks of their diabetes medicine Actos. Jurors also found that Takeda and Lilly...
|Stage 2 “Meaningful Use”: Counting Patients Who Access Their Online Information Before Discharge|
Kathie McDonald-McClure; Wyatt, Tarrant & Combs, LLP;
April 22, 2014, previously published on April 21, 2014Under the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act), eligible hospitals and critical access hospitals must make a “meaningful use” of “certified electronic health technology” or face reductions in Medicare reimbursement during...
|Feds Are Serious About Data Security|
Mark L. Mattioli, David J. Shannon; Marshall Dennehey Warner Coleman & Goggin, P.C.;
April 22, 2014, previously published on April 17, 2014In what could be a landmark ruling in the data breach legal field, a New Jersey district court recently ruled that the FTC's lawsuit against Wyndham Hotels for unfair and deceptive trade practices related to a major data breach could proceed. Although the breach did not happen in a health care...