Health Care

    • 17 Aug 2012

    Williams Mullen Alert: Health Care Reform Outlook

    By Brydon M. DeWitt and Michael J. Ferrell With the Supreme Court's landmark decision upholding the Affordable Care Act, employers have a renewed interest in what the Act will mean for their businesses in the years ahead. Employers need to be aware of the possible political outcome as they continue to make sure their plans are in compliance. Political Aspects of the Supreme Court Ruling on Health Care The political...
    • 14 Aug 2012

    Cadwalader Client & Friends Memo: A 'Hat Trick' of Heightened False Claims Act Risks for Health Care Providers

    Introduction At the risk of stating the obvious, fighting and prosecuting health care fraud are top priorities for the Federal Government, and the False Claims Act ("FCA") is its weapon of choice in the battle. In a speech in June, Stuart Delery, the Acting Assistant Attorney General for the Department of Justice ("DOJ") Civil Division, stated the DOJ has recovered over $11 billion under the FCA...
    • 30 Jul 2012

    Colorado Federal Judge Grants Preliminary Injunction In Contraception Mandate Case

    DENVER - (Mealey's) A Colorado federal judge on July 27 granted a preliminary injunction in favor of a for-profit secular employer that will prevent the federal government from enforcing a mandate contained in the Patient Protection and Affordable Care Act (PPACA) that requires most employers to provide birth control coverage as part of their employee health plans ( William Newland, et al. v. Kathleen Sebelius, in...
    • 11 Jul 2012

    DLA Piper - Health Care at the Crossroads: The Supreme Court's Decision on the Affordable Care Act

    On Thursday, June 28, the United States Supreme Court issued its highly anticipated decision on the constitutionality of portions of the Affordable Care Act (ACA) ( Nat. Fed'n of Indep. Bus. v. Sebelius , together with Florida v. Dept. of HHS and Dept. of HHS v. Florida ) [ enhanced version available to lexis.com subscribers ]. In a divided decision, the Court ruled to (1) uphold the individual mandate as a valid...
    • 5 Jul 2012

    Supreme Court Ruling On 'ObamaCare' Dismays Mountain States Legal Foundation

    By William Perry Pendley DENVER - A western, nonprofit, public-interest legal foundation with decades of experience addressing constitutional issues at the Supreme Court of the United States and the federal courts of appeals on June 28 expressed dismay at the 5-4 ruling of the Supreme Court reversing a ruling by the 11 th Circuit U.S. Court of Appeals upholding the holding by a Florida federal district court that the...
    • 1 Jul 2012

    Podcast: O'Melveny & Myers' Michael Maddigan Analyzes Supreme Court Health Care Act Ruling

    The U.S. Supreme Court upholds the Patient Protection and Affordable Care Act. Hear these and other stories from LexisNexis® Mealey's TM Publications. Copyright© 2012 LexisNexis, a division of Reed Elsevier Inc. For the latest litigation news headlines, visit www.lexisnexis.com/mealeys or www.lexisnexis.com/community. (Please visit the site to view this audio)
    • 29 Jun 2012

    McGuireWoods on the Supreme Court's Federal Health Care Reform Law Decision

    By Stephanie A. Kennan , Brian Looser , Vincent A. Dongarra and R. Brent Rawlings Intro: On June 28, 2012, the Supreme Court of the United States issued its opinion in the case of National Federation of Independent Business et al. v. Sebelius, Secretary of Health and Human Services, et al. [ enhanced version available to lexis.com subscribers ], ruling on the constitutional challenges to the federal health reform...
    • 29 Jun 2012

    SCOTUS Obamacare Ruling In (Mostly) Plain English

    The Supreme Court issued its long-awaited opinion on "Obamacare" (aka Patient Protection and Affordable Care Act): National Federation of Independent Business, et al. v. Sebelius (opinion here) [ enhanced version available to lexis.com subscribers ]. It's a 193-page monster, but here's what I've been able to make out so far: The individual mandate is not a tax . . . so the Court could hear...
    • 28 Jun 2012

    Breakdown of the Supreme Court Ruling on Patient Protection and Affordable Care Act

    By Elise Klein and Joseph Hegedus In one of the most anticipated opinions of its term and perhaps in over half a century, the United States Supreme Court today resolved constitutional challenges to two provisions of the Patient Protection and Affordable Care Act (the "ACA"): First, a surprising 5-to-4 majority of the Court, which included Chief Justice John Roberts, upheld the individual mandate, which requires...
    • 28 Jun 2012

    Supreme Court Finds Individual Mandate In Health Care Act Constitutional

    WASHINGTON, D.C. - (Mealey's) In a sweeping opinion covering four issues addressed over three days of oral argument, the U.S. Supreme Court on June 28 found that the Anti-Injunction Act (AIA) does not bar challenges to the Patient Protection and Affordable Care Act (PPACA), that the individual mandate contained in the act is constitutional and that the federal government can expand Medicaid but cannot withhold existing...
    • 28 Jun 2012

    High Court Upholds Constitutionality of Health Care Act,' Reversing Federal District Court Rulings

    By the LexisNexis Jury Verdicts and Settlements Team On Thursday, June 28, 2012, the U.S. Supreme Court upheld the constitutionality of the individual mandate set out in the "ObamaCare" health insurance reform bill, more properly known as the Patient Protection And Affordable Care Act (ACA), 26 U.S.C.S. § 5000A ( National Federation of Independent Business, et al. v. Sebelius, et al. , No. 11-393, U...
    • 28 Jun 2012

    David N. Feldman: About That Healthcare Decision. . . .

    By David Feldman My favorite band, the Supremes (aka the US Supreme Court) tomorrow will release the most important decision they have rendered in decades, maybe only other than the seminal Bush v. Gore decision which determined the 2000 Presidential election. They are ruling on whether the Patient Protection and Affordable Care Act of 2010, better known as Obamacare, is constitutional. In particular, the bill requires...
    • 9 May 2012

    Williams Mullen: Recent HHS Settlement with Phoenix Cardiac Surgery Highlights HIPAA Risks Of Electronic PHI

    By Brian C. Vick On April 17, 2012, the U.S. Department of Health and Human Service ("HHS") announced that it had entered a Resolution Agreement with Phoenix Cardiac Surgery ("Phoenix") - a four-physician practice based in Arizona - following an investigation of alleged breaches of the HIPAA Privacy and Security Rules. Under the agreement, Phoenix will have to pay $100,000 and comply with a corrective...
    • 28 Mar 2012

    Supreme Court Hears Arguments On Expansion Of Medicaid Required By Health Care Act

    WASHINGTON, D.C. - (Mealey's) In the final of four sessions of oral arguments held this week pertaining to the Patient Protection and Affordable Care Act (PPACA), the U.S. Supreme Court heard arguments March 28 on whether the act's expansion of Medicaid is constitutional ( State of Florida, et al. v. Department of Health and Human Services, et al. , No. 11-400, U.S. Sup.). ( Transcript available. Document #31...
    • 28 Mar 2012

    Supreme Court Hears Arguments On Severability Of Mandate From Health Care Act

    WASHINGTON, D.C. - (Mealey's) In the first of two sessions on 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 of the act ( National Federation of Independent Business v. Kathleen Sebelius, et al. , No. 11-393; State of Florida, et al. v. Department...
    • 27 Mar 2012

    U.S. Supreme Court Considers Whether Individual Mandate Is Unconstitutional

    WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on March 27 heard oral arguments on whether the individual mandate in the Patient Protection and Affordable Care Act (PPACA) that requires most Americans to purchase health care insurance is constitutional ( Department of Health and Human Services, et al. v. State of Florida, et al. , No. 11-398, U.S. Sup.). The Supreme Court is considering whether Congress had...
    • 26 Mar 2012

    U.S. Supreme Court Considers Anti-Injunction Act Effect On Health Care Act

    WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on March 26 heard oral arguments on whether challenges to the Patient Protection and Affordable Care Act (PPACA) are premature under the Anti-Injunction Act (AIA) and should be barred until penalties for failing to purchase health care insurance under the individual mandate have to be paid ( Department of Health and Human Services, et al. v. State of Florida, et...
    • 23 Mar 2012

    Ask Lambda Legal - The Affordable Care Act and HIV

    By Scott Schoettes, HIV Project Director for Lambda Legal Q: I recently tested positive for HIV, and a friend told me that I might have a hard time keeping health insurance if I changed jobs. What kind of insurance is available for me? A: In 2012, a positive HIV test result is the beginning of a new health regimen - from regular check-ups, to better nutrition, to daily medications - and these new health habits often...
    • 23 Mar 2012

    Pregunte a Lambda Legal - El Acto de Cuidado Económico y VIH

    Por Scott Schoettes, director del Proyecto VIH de Lambda Legal Recientemente me hice la prueba del VIH y salí positivo. Un amigo me dijo que si cambio de trabajo puede que sea difícil mantener el seguro médico. ¿Qué tipo de seguro hay para mí? Hoy en día, un resultado positivo de la prueba del VIH significa un nuevo régimen de salud: citas médicas con...
    • 24 Feb 2012

    Williams Mullen Alert: CMS Issues Proposed Rule on 60-Day Reporting/Repayment Obligation for Overpayments to Medicare Providers

    By Marcus C. Hewitt As part of 2010's Affordable Care Act, a new section was added to the Social Security Act (Section 1128J(d)), which requires providers to report and return any overpayments they receive from Medicare or Medicaid within 60 days (see http://www.ssa.gov/OP_Home/ssact/title11/1128J.htm ). Any overpayment that is not reported and returned within 60 days constitutes an "obligation" for purposes...
    • 23 Feb 2012

    The 3rd Burning of Washington: Uncivil Health Care Wars Continue

    By Alvin D. Lurie Historical Headnote: Washington has been burned twice before - once 197 years ago literally, by the enemy from without, when the British burned the White House and the U.S. Capitol during the War of 1812; and once metaphorically, by the enemy from within, when the Confederacy broke away from those central institutions of the United States (indeed untied itself from the Union) in the civil war between...
    • 17 Feb 2012

    Barnes & Thornburg LLP Health Blog: New Requirements for Informed Consent Effective March 7, 2012

    By Carolyn Metnick In the Federal Register of January 4, 2011 (76 FR 256), the FDA published a final regulation amending the current informed consent regulation to require that informed consent documents and processes for applicable drug and device clinical trials include a specific statement that the trial information will be submitted for inclusion in the clinical trial registry data bank maintained by the National...
    • 17 Feb 2012

    Ballard Spahr LLP Alert: Final Regulations Address Summary of Benefits and Coverage

    By Edward I. Leeds The Affordable Care Act (ACA) requires group health plans and health insurers to prepare and distribute a brief, uniform summary of benefits and coverage (SBC) that aims to provide individuals with a better understanding of the health coverage offered under an arrangement and a basis of comparison with other health plans and policies. The three agencies responsible for interpreting and enforcing...
    • 16 Feb 2012

    Western Legal Group Briefs U.S. Supreme Court On Health Care Act

    DENVER - A western, nonprofit, public-interest legal foundation on Feb. 10 filed its friend of the court brief with the U.S. Supreme Court and urged the court to uphold a ruling by the 11 th Circuit U.S. Court of Appeals upholding a Florida federal district court ruling that the individual mandate in the "Patient Protection and Affordable Care Act" is unconstitutional. Mountain States Legal Foundation (MSLF...
    • 14 Nov 2011

    Supreme Court to Review Challenges to Health Care Reform Act

    WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Nov. 14 agreed to review three cases challenging the Patient Protection and Affordable Care Act (PPACA) after considering five of six petitions challenging the act at its Nov. 10 conference ( National Federation of Independent Business, et al. v. Kathleen Sebelius , No. 11-393 (lexis.com subscribers may access Supreme Court briefs for this case ) ; States of...