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Florida Federal Judge Denies Motion To Dismiss Qui Tam Action; Dismissal Premature

ORLANDO, Fla. - A federal judge in Florida on March 19 denied a hospital's motion to dismiss a qui tam action against it and a staffing organization filed under the False Claims Act and the Stark Amendment to the Medicare statute, saying the arguments ...read more

Supreme Court Hears Final Arguments In Challenges To Health Care Reform Act

WASHINGTON, D.C. - In two sessions March 28, the U.S. Supreme Court heard oral arguments on whether, if the individual mandate contained in the Patient Protection and Affordable Care (PPACA) is found unconstitutional, it can be severed from the remainder ...read more

Florida Appeals Court Finds Disabled Persons' Agency Erred In Assigning Benefits

TALLAHASSEE, Fla. - The First District Florida Court of Appeal on May 23 reversed a state agency's determination that a Medicaid waiver program beneficiary should receive a lower level of home-based benefits than he requires. The appeals court concluded ...read more

Supreme Court Finds Individual Mandate In Health Care Act Constitutional

WASHINGTON, D.C. - In a sweeping opinion covering four issues addressed over three days of oral argument, the U.S. Supreme Court today found that the Anti-Injunction Act (AIA) does not bar challenges to the Patient Protection and Affordable Care Act ...read more

U.S. Supreme Court Finds Individual Mandate in Health Care Act Constitutional

WASHINGTON, D.C. - In a sweeping opinion covering four issues addressed over three days of oral argument, the U.S. Supreme Court today found that the Anti-Injunction Act (AIA) does not bar challenges to the Patient Protection and Affordable Care Act ...read more

Mealeys Emerging Drug & Device Bulletin: $11.8M N.J. Accutane Verdicts Vacated By Florida Ruling on Proximate Causation

TRENTON, N.J. - A New Jersey state appeals panel today vacated an $11.8 million Accutane verdict after finding that under controlling Florida case law, three plaintiffs had not established that a failure to warn about the risk of inflammatory bowel disease ...read more

11th Circuit: Employee Wellness Program Does Not Violate Federal Disability Act

ATLANTA - A Florida county's employee wellness program does not violate the Americans with Disabilities Act (ADA) because it falls within the ADA's safe harbor provision for insurance plans, the 11th Circuit U.S. Court of Appeals ruled Aug. 20 ...read more

Medical Providers' ERISA Claims Continue, Federal Judge Rules

WEST PALM BEACH, Fla. - The majority of claims by medical providers alleging that health insurers violated the Employee Retirement Income Security Act (ERISA), 29 U.S.C.S. § 1001 et seq. by granting preapproval for medical procedures and then denying ...read more

Florida Federal Judge Dismisses Medicare Dispute; Pleading Requirements Not Met

KEY WEST, Fla. - A Florida federal judge on Oct. 24 granted the defendants' motion to dismiss a Medicare dispute, holding that the relators failed to satisfy False Claims Act pleading obligations ( United States of America; ex rel. Bruce L. Boros ...read more

11th Circuit Affirms Federal Law Doesn't Preempt Florida Physician Referral Law

ATLANTA - An 11th Circuit U.S. Court of Appeals panel on Jan. 10 affirmed a lower court decision holding that a state law prohibiting Florida physicians from referring their patients for services to business entities in which the referring physicians ...read more

Florida Federal Judge Dismisses Suit, Says ERISA Preempted Health Care Claims

PENSACOLA, Fla. - A Florida federal judge on Jan. 16 dismissed a breach of health care contract case, saying that the Employee Retirement Income Security preempted the plaintiff's claims (Shana Thomas v. Aetna Life Insurance Co., No. 12-105, N.D. ...read more

Appeals Court: Florida DCF Cannot Collect Medicaid Overpayment

MIAMI - The Third District Florida Court of Appeal on Jan. 30 reversed an agency decision by the Florida Department of Children and Families (DCF) Office of Appeals Hearings affirming a DCF action to establish two claims of overpayment of Medicaid assistance ...read more

Florida Federal Judge Dismisses False Claims Suit For Lack Of Specifics

FORT MYERS, Fla. - A federal judge in Florida on March 19 dismissed a federal False Claims Act (FCA) suit against Health Management Associates and one of its hospitals, saying the relator failed to state a claim with specificity regarding the submission ...read more

Florida Federal Judge Dismisses Challenge To Birth Control Mandate

FORT MYERS, Fla. - A Florida federal judge on March 29 denied a motion to dismiss a challenge to the birth control mandate contained in the Patient Protection and Affordable Care Act, saying that the plaintiff's claims were not ripe (Ave Maria University ...read more

11th Circuit: Participant's Benefits-Denial And Disclosure Claims Fail

ATLANTA - A plan insurer's calculation of benefits due to a participant for his out-of-network surgery was not wrong under the plan terms, and the insurer did not violate the Employee Retirement Income Security Act by failing to provide documents ...read more

Florida Federal Judge Affirms Order Revoking Facility Billing Privileges

MIAMI - A federal judge in the U.S. District Court for the Southern District of Florida on April 30 affirmed a U.S. Department of Health and Human Services (HHS) ruling that an outpatient rehabilitation facility's Medicare billing privileges were ...read more