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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...


HTMLOIG Cautions Physicians to Consider Compensation Arrangements Carefully
Michele R. Goodman, Gerald M. Griffith, Rebekah N. Plowman; Jones Day;
Legal Alert/Article
June 23, 2015, previously published on June 2015
The 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...


HTMLFingerprint-Based Background Checks Begin August 1st for Medicaid Providers
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 4, 2015
On 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...


HTMLTightening the Belt: The Shrinking Scope of Harmless Error
Laura J. Persun; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 11, 2015, previously published on June 1, 2015
In 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...


Adobe PDFSettlement 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;
Legal Alert/Article
June 4, 2015, previously published on May 19, 2015
In 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,...


HTMLData Breach Class Action Plaintiffs Lack Standing
Sutherland Asbill Brennan LLP;
Legal Alert/Article
May 18, 2015, previously published on May 15, 2015
A 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).


HTMLWellness Programs Alive and Well?
Brenna M. Clark, Adam B. Cohen, Andrea M. Gehman, Paul R. Lang, Carol A. Weiser; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
April 24, 2015, previously published on April 23, 2015
The 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...


HTMLHospital CEO Blows Whistle
Catherine A. Bledsoe; Gordon Feinblatt LLC;
Legal Alert/Article
April 15, 2015, previously published on Spring 2015
A 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,...


HTMLACA 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;
Legal Alert/Article
April 14, 2015, previously published on March 4, 2015
The 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...


HTMLMore Risk for All and “Free” Care?
Vinay Bhupathy, Ken Yood; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 31, 2015, previously published on March 20, 2015
While 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...


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