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|Personal Injury Medical Malpractice Caps Held Unconstitutional|
Julie A. Tyk; GrayRobinson, P.A.;
July 22, 2015, previously published on July 22, 2015On 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...
|OIG Cautions Physicians to Consider Compensation Arrangements Carefully|
Michele R. Goodman, Gerald M. Griffith, Rebekah N. Plowman; Jones Day;
June 23, 2015, previously published on June 2015The Department of Health and Human Services, Office of Inspector General ("OIG") recently released a fraud alert cautioning physicians who enter into medical directorships and other compensation arrangements, recommending that they consider whether the terms and conditions of such...
|Fingerprint-Based Background Checks Begin August 1st for Medicaid Providers|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 16, 2015, previously published on June 4, 2015On June 1st, the Centers for Medicare and Medicaid Services (CMS) released a State Medicaid Director Letter (SMD Letter) providing guidance to states on the criminal background check and fingerprinting requirements for Medicaid provider enrollment. This sub-regulatory guidance starts a 60 day clock...
|Tightening the Belt: The Shrinking Scope of Harmless Error|
Laura J. Persun; Marshall Dennehey Warner Coleman & Goggin, P.C.;
June 11, 2015, previously published on June 1, 2015In late January 2015, the Pennsylvania Superior Court issued an opinion that justified its decision to overturn the trial court. It highlighted testimony in which the minor plaintiff’s expert witness and the defendants’ attorneys referenced the availability of collateral sources. Even...
|Settlement Offers and Medical Bill Write-Offs: Unrecoverable “Damages” Under Howell Can’t Be Included In A “Judgment” Under Section 998|
Richard H. Nakamura; Morris Polich & Purdy LLP;
June 4, 2015, previously published on May 19, 2015In a case of first impression - and of tremendous importance to anyone evaluating a settlement offer under California law - a California appellate court ruled that unrecoverable damages don’t count when figuring out the amount of a judgment under California’s offer of judgment statute,...
|Data Breach Class Action Plaintiffs Lack Standing|
Sutherland Asbill Brennan LLP;
May 18, 2015, previously published on May 15, 2015A federal court in New Jersey is the latest in a series of courts to dismiss a putative data breach class action due to plaintiffs’ failure to adequately plead standing. In re Horizon Healthcare Services, Inc. Data Breach Litigation, No. 2:13-cv-07418-CCC-JBC (D.N.J. Mar. 31, 2015).
|Wellness Programs Alive and Well?|
Brenna M. Clark, Adam B. Cohen, Andrea M. Gehman, Paul R. Lang, Carol A. Weiser; Sutherland Asbill & Brennan LLP;
April 24, 2015, previously published on April 23, 2015The Equal Employment Opportunity Commission (EEOC) has issued proposed regulations under the Americans with Disabilities Act (ADA) regarding employer-provided wellness programs that were published in the Federal Register on April 20, 2015. The proposed regulations are intended to reconcile rules...
|Hospital CEO Blows Whistle|
Catherine A. Bledsoe; Gordon Feinblatt LLC;
April 15, 2015, previously published on Spring 2015A federal appeals court recently held, in United States v. Health Management Associates, that a hospital executive's first-hand knowledge of the hospital's business practices provided a sufficient basis for him as a relator to state a qui tam claim against the hospital under the False Claims Act,...
|ACA Subsidies Face Final Test Before the US Supreme Court|
John R. Feore, III, Bruce Merlin Fried, Charles A. Luband, Mark W. Weller; Dentons Canada LLP;
April 14, 2015, previously published on March 4, 2015The US Supreme Court (the "Court") heard oral arguments today in King v. Burwell, a case that could significantly impact the viability of the Affordable Care Act (ACA). In this case, the Court is being asked to decide whether federal tax subsidies are available for use only on health...
|More Risk for All and “Free” Care?|
Vinay Bhupathy, Ken Yood; Sheppard, Mullin, Richter & Hampton LLP;
March 31, 2015, previously published on March 20, 2015While the Supreme Court continues to debate the outcome of King v. Burwell in their chambers, stakeholders must be prepared for the potential fallout the nine justices’ ruling may have. Two weeks ago, we summarized the underpinnings of the case and last week, we reviewed the impact of a...