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HTMLSupreme Court Rules in King v. Burwell
John P. Doyle, Randall B. Weill; Preti, Flaherty, Beliveau & Pachios, LLP;
Legal Alert/Article
July 28, 2015, previously published on June 25, 2015
Today, the U.S. Supreme Court ruled 6-3 in the King v. Burwell case to uphold federal subsidies in the states where the federal government is operating the insurance Marketplace under the Affordable Care Act. The majority ruled that the literal interpretation of the provision in question did not...

 

HTMLIL App Court Reinforces Broad Protection for Hospital Credentialing and Privileging Decisions
Gregory Rastatter; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
July 28, 2015, previously published on Spring 2015
In a February decision (Larsen v. Provena Hospitals), the Illinois Appellate Court, Fourth District held that for a physician whose medical staff membership was not renewed to survive dismissal in a subsequent action against the hospital, he or she must allege and prove the hospital actually or...

 

HTMLProviders Applaud Supreme Court and Call on Congress to Address Remaining Issues
James A. Dietz; Dressman Benzinger LaVelle psc;
Legal Alert/Article
July 24, 2015, previously published on July 17, 2015
On June 25, 2015, the United States Supreme Court announced its decision upholding the provision of subsidies for individuals purchasing health insurance on federally-funded exchanges. Since then, politicians, providers, policymakers, media and advocacy groups have all offered their responses to...

 

HTMLSupreme Court Rules that Affordable Care Act Law Allows Nationwide Tax Subsidies
Julie A. Tyk; GrayRobinson, P.A.;
Legal Alert/Article
July 22, 2015, previously published on July 20, 2015
On June 25, 2015, the Supreme Court ruled in King v. Burwell that the Affordable Care Act allows the federal government to provide nationwide subsidies to help lower-income individuals buy health insurance. Chief Justice John G. Roberts wrote the opinion for the six-justice majority. The decision...

 

HTMLPersonal Injury Medical Malpractice Caps Held Unconstitutional
Julie A. Tyk; GrayRobinson, P.A.;
Legal Alert/Article
July 22, 2015, previously published on July 22, 2015
On July 1, 2015, the Fourth District Court of Appeals (Fourth DCA) issued a major decision affecting medical malpractice cases in Florida. In the case North Broward Hospital District v. Kalitan, the court held that the caps on non-economic damages in personal injury medical malpractice cases were...

 

HTMLNew CMS Proposed Rule: Comprehensive Care for Joint Replacement
Claire E. Castles, Catherine A. Ehrgott, Lisa Ge Shang Han, David T. Morris; Jones Day;
Legal Alert/Article
July 16, 2015, previously published on July 15, 2015
On July 9, 2015, the Centers for Medicare & Medicaid Services ("CMS") announced a proposed rule to test a new payment model, the Comprehensive Care for Joint Replacement ("CCJR"), for hip and knee replacements (also called lower extremity joint replacements or...

 

Adobe PDFClosing a Practice: How to Prepare for Death, Disability and Retirement
Scott D. Hammer; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
July 16, 2015, previously published on July 2015
Believe it or not, the chances of becoming disabled, dying or retiring are pretty good. Although some therapists believe their therapeutic efficacy will lead to immortality, I hate to tell you, but one day your caring heart will cease beating. Either death or your patients will eventually kill you....

 

HTMLTrinity Homecare Settlement: Five False Claims Trends
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
July 16, 2015, previously published on July 15, 2015
New York State Attorney General Eric Schneiderman recently announced that his office had reached a $2.5 million settlement in a federal False Claims Act (FCA) case with Trinity HomeCare and its related entities. The case, filed as a qui tam action in federal district court in the Eastern District...

 

HTMLCMS Proposes Easing Two-Midnight Restrictions (But 2016 OPPS Rule Is Not All Good News)
David W. Grauer, Rebekah N. Plowman, Elizabeth E. Trende; Jones Day;
Legal Alert/Article
July 16, 2015, previously published on July 2015
On July 8, 2015, the Centers for Medicare and Medicaid Services ("CMS") issued the 2016 proposed rule for the Hospital Outpatient Prospective Payment System ("OPPS") and Ambulatory Surgery Center ("ASC") payment system ("Proposed Rule"). While the Proposed...

 

Adobe PDFCMS Talks Sense for Stark Compliance under Proposed 2016 Medicare Physician Fee Schedule
Laurel E. Baum, Jennifer R. Bolster, Raymond R. D'Agostino, Catherine A. Diviney, Meghan S. Gaffey; Hancock Estabrook, LLP;
Legal Alert/Article
July 16, 2015, previously published on July 2015
On July 8, 2015, the Centers for Medicare & Medicaid Services (“CMS”) released a proposed rule that could provide some much needed breathing room for inadvertent lapses in Stark law compliance. By way of background, the physician self-referral or “Stark” law governs...

 


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