Health Care

Viewpoints

Filter by:

Mintz Advisory Analyzes Medicare Shared Savings Program Proposed Rule

December 9, 2014 | Blog | By Karen Lovitch

On December 8th, the Centers for Medicare & Medicaid Services published its proposal for long-awaited changes to the Medicare Shared Savings Program (MSSP).  Our colleagues Daria Niewenhous, Andrew Shin, Lauren Moldawer *, and Stephanie Willis have authored an Advisory that provides an in-depth analysis of key provisions of the proposed changes and how they may impact current and future MSSP accountable care organizations created under the authority of the Affordable Care Act.
Read more

After the Deal, is it Still Business as Usual?

December 8, 2014 | Blog | By Dionne Lomax

According to Federal Trade Commission Chairwoman Edith Ramirez, the healthcare sector will “remain a top agency priority.”  Thus, the FTC will undoubtedly continue to closely analyze combinations of providers in the industry. 
Read more

Federal Judge Awards Attorneys’ Fees to Defendant in Dismissed Qui Tam Case, Calls Whistleblower a “Serial Relator”

December 5, 2014 | Blog | By Samantha Kingsbury

In November 2013 and this past October, Mintz Levin’s Health Care Qui Tam Update highlighted three separate qui tam False Claims Act (FCA) cases filed by Fox RX, Inc. (Fox), a former Medicare Part D plan sponsor. 
Read more

GPO Fees Under Scrutiny by the GAO

December 4, 2014 | Blog | By Karen Lovitch

Last week, the Government Accountability Office (GAO) released a report examining group purchasing organization (GPO) practices. 
Read more

Illinois Legislature Passes Anti-Markup Law Applicable to Pathology Services

December 4, 2014 | Blog | By Karen Lovitch

Yesterday both chambers of the Illinois legislature voted to override the Governor's amendatory veto and passed Public Act 098-1127, which prohibits a physician from charging a markup on anatomic pathology services if the physician orders but does not supervise or perform the service.
Read more

New Jersey Court Supports Peer Review Immunity for Hospital

December 2, 2014 | Blog | By Theresa Carnegie

On November 24, 2014, the New Jersey Appellate Division affirmed a lower court’s decision to dismiss a physician’s lawsuit against a hospital based on federal and state statutory immunity provisions that shield hospitals and their peer review participants from monetary damages.
Read more

Health Care Enforcement Defense Practice Publishes Most Recent Qui Tam Update

November 26, 2014 | Blog

Our Health Care Enforcement Defense Practice has published its most recent Qui Tam Update analyzing 68 recently unsealed health care related whistleblower cases. In this issue, the team analyzes overall trends in the 68 cases, and looks more closely at three notable cases. 
Read more

No Private Right to Recoup Funds Based on Corporate Practice of Medicine Violation

November 24, 2014 | Blog

The United States District Court for the Western District of Washington ruled recently that the state’s corporate practice of medicine doctrine does not provide a private right of action, either express or implied, and dismissed claims brought by State Farm Mutual Automobile Insurance Company and State Farm Fire and Casualty Company.
Read more

Hospital Executive Pleads Guilty to False Meaningful Use Attestation for EHR Incentive Payments

November 21, 2014 | Blog

The former CFO of Shelby Regional Medical Center, Joe White, pleaded guilty to knowingly making a false statement related to the hospital’s meaningful use of electronic health records (“EHR”).
Read more

Vascular Solutions Inc. and its CEO Face Criminal Charges for Selling Unapproved Medical Devices

November 20, 2014 | Blog | By Samantha Kingsbury

Last week, the Civil Division of the U.S. Department of Justice (DOJ) filed an indictment charging Vascular Solutions Inc. (VSI) and its CEO Howard Root with (1) selling medical devices without the approval of the U.S. Food and Drug Administration (FDA); and (2) conspiring to defraud the U.S. government by concealing their illegal activities.
Read more

D.C. Circuit Upholds Contraceptive Coverage Mandate

November 20, 2014 | Blog | By Bridgette Keller

Last week, a unanimous three-judge panel of the D.C. Circuit upheld the religious accommodation to the Affordable Care Act’s (“ACA”) contraceptive coverage mandate (Priests for Life v. HHS, D.C. Cir. No. 13-5368, Nov. 14, 2014). 
Read more

Strategies for Efficiently Obtaining Antitrust Clearance

November 20, 2014 | Blog | By Dionne Lomax

The health care industry remains an enforcement priority for the Federal Trade Commission ("FTC"). In a recent interview, the Director of the FTC’s Bureau of Competition, Debbie Feinstein, stated that the Bureau’s top three priorities for health care antitrust enforcement.
Read more

The Seventh Circuit Rejects Medicaid False Claims Act Suit

November 19, 2014 | Blog | By Brian Dunphy

The United States Court of Appeals for the Seventh Circuit affirmed the dismissal of a False Claims Act (“FCA”) case against Shopko Operating Stores, LLC, in which a former Shopko pharmacist asserted Medicaid billing violations.
Read more

The 340B Mega-Reg is Dead

November 19, 2014 | Blog | By Theresa Carnegie

With all due credit to the Coroner from the Wizard of Oz, like the Wicked Witch of the East crushed by Dorothy’s house, the 340B Drug Discount Program mega-reg is “not only merely dead, it’s really most sincerely dead.”  And to quote one of my favorite sports commentators, Tony Kornheiser, “I believe I had that.”
Read more

OCR's New Bulletin on Ensuring Privacy in Public Health Emergencies

November 12, 2014 | Blog

This week, the HHS Office of Civil Rights (OCR) issued a bulletin (Bulletin) to remind covered entities and business associates that "the protections of the Privacy Rule are not set aside during an emergency."
Read more

Hospital Alliance Deemed a Single Entity, Incapable of Conspiring

November 12, 2014 | Blog | By Dionne Lomax

On October 21, 2014, the U.S. District Court for the Southern District of Ohio granted Defendants’ motion for summary judgment, holding that Premier Health Partners and its affiliate hospitals were operating under a joint operating agreement, constituted a single entity incapable of conspiring in violation of Section 1 of the Sherman Act. 
Read more

CMS Finalizes OPPS Rule Packaging Pathology Services Ordered for Hospital Outpatients

November 6, 2014 | Blog | By Karen Lovitch

As part of the Outpatient Prospective Payment System (OPPS) Rule issued last week, the Centers for Medicare & Medicaid Services (CMS) finalized its proposal to conditionally package certain ancillary services assigned to APCs with a “geographic mean cost” of $100 or less.  
Read more

Key Takeaways from OIG’s 2015 Work Plan

November 4, 2014 | Blog | By Kimberly Gold

The U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) released its Fiscal Year 2015 Work Plan on October 31. The Work Plan provides the OIG’s planned reviews and activities with respect to HHS programs and operations during the current fiscal year and beyond.
Read more

CME Payments Largely Remain Excluded From Sunshine Act Reporting

November 4, 2014 | Blog | By Brian Dunphy

The Centers for Medicare & Medicaid Services (“CMS”) has finalized changes to a number of reporting requirements under the regulations implementing the Physician Payments Sunshine Act (“Final Rule”). 
Read more

The Contraception Coverage Controversy Continues…

October 31, 2014 | Blog | By Bridgette Keller

As we have been discussing, the Affordable Care Act (“ACA”) requires all health plans to cover preventive health services for women, including all Food and Drug Administration (“FDA”)-approved contraceptives, at no cost (i.e. no deductibles, coinsurance, or co-payments).
Read more

Subscribe

Sign up to receive email updates from Mintz.
Subscribe Now
Health Law Diagnosed Podcast Blog Button

Health Law Diagnosed: A Mintz Podcast

Telehealth Promo Button

Telehealth Updates

covid-19-compliance

Value-Based Care

Viewpoint Editors

Explore Other Viewpoints:

I'm Looking For...