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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...

DLA Piper Health Care Regulatory and Policy Update -- Week of March 24, 2014

SGR/Legislative Action – On March 11, Senate Finance Committee Chairman Wyden (D-OR) introduced his version of legislation to permanently repeal and replace the sustainable growth rate (SGR), the Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 (S. 2110). CBO scored the...

DLA Piper: Don’t Forget the Sept. 23 Deadline to Ensure Your Business Associate Agreements Comply with the HIPAA Omnibus Final Rule

By Marcia L. Augsburger Under the Health Insurance Portability and Accountability Act (HIPAA) Omnibus Final Rule published January 25, 2013, 78 Fed.Reg. 5566, Covered Entities (CEs) with Business Associate Agreements (BAAs) that were entered on or before January 25, 2013 and that were not modified...

DLA Piper: Bankruptcy Sales for Distressed Hospitals: 4 Questions to Ask Before You Begin

By Thomas R. Califano , Rachel Nanes and Daniel G. Egan Over the last several years, a wide range of healthcare companies, among them hospitals, home health agencies and continuing care facilities, have faced financial distress as a result of declining revenues, high operating costs, reduction in...

DLA Piper Health Systems Alert: BYOD: Cool But Dangerous – 3 HIPAA Security Rule Challenges, 7 Key Precautions

By Peter F. McLaughlin From reliable surveys and less dependable anecdotes, opinions point to the almost inevitable expansion of BYOD – bring your own device – as a cost-saving model for employers. Advisors assure company decision makers that direct savings will flow by avoiding the...

DLA Piper: Healthcare Industry Compliance In A Shifting World: Putting It All Together

By: Frank E. Sheeder , Karen Nelson and Keri L. Tonn Health industry clients face regulatory and enforcement challenges on multiple fronts. It can be difficult to prioritize and allocate resources properly when government agencies’ initiatives are constantly shifting. The first, fundamental...

DLA Piper: Ebola And Infectious Disease Control – Key Points For Hospitals And Health Systems

By Lara Compton and Joshua Kaye Dr. David Relman, a professor of infectious disease, microbiology and immunology at Stanford University's medical school, was quoted recently saying of the Ebola virus: “As best we can tell right now, it is quite possible that every major city will see at...

DLA Piper Health Systems Alert: When A State Agency Strays Into Antitrust Liability: 4 Practical Tips About Professional Self-Interest

By Steven Levitsky and Lesli C. Esposito Are you a practicing physician who sits on a state licensing board? Is your business affected by a state board with practicing physicians on it? If you said yes to either question, you should read on. Actions of state agencies are normally immune from...

DLA Piper: Binding Arbitration in Managed Care Contracts - 6 Tips to Tailor Your Dispute Resolution Provisions

By Stephen L. Goff and John Barnes The Affordable Care Act is moving millions of previously uninsured patients into commercial managed care health plans. As the healthcare system grapples with complexity of this shift, the size of disputes between healthcare providers and managed care payers, in terms...

DLA Piper: Government Turns Up the Heat With the False Claims Act – 5 Action Steps for Healthcare Providers

By Savaria B. Harris and Mitka T. Baker Forbes magazine has dubbed 2014 “The Year of the Whistleblower.” For healthcare providers, this designation has translated into millions of dollars in fines and penalties and the initiation of criminal investigations. Just last month, the Health...

DLA Piper Health Systems Alert: MACRA: 3 Compliance Implications For Medicare Providers

By: Karen Nelson Much has been written about the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) and its repeal of the Sustainable Growth Rate formula for physician compensation and the potential gainsharing safe harbor. But the Act also includes certain Medicare program integrity provisions...

DLA Piper: Federal Court Blocks Rule Restricting Telemedicine Practice In Texas

By Nathan Fish and Frank E. Sheeder A federal court has temporarily enjoined the Texas Medical Board (TMB) from implementing and enforcing a rule restricting the practice of telemedicine pending resolution of an antitrust lawsuit filed by Teladoc, Inc. The temporary injunction represents a small victory...

DLA Piper Health Systems Alert: U.S. Health Care Payment-Driven Transformation Ahead

By David Gruber, MD, MBA* | Healthcare spending is forecast to increase from US$3 trillion in 2014 to US$5.2 trillion in 2023, reflecting a compound annual growth rate of 5.9 percent. US healthcare expenditures on a per capita basis are 1.9-2.6 times the amount spent by other developed nations despite...

DLA Piper Health Systems Alert: Payment-Driven Transformation Ahead For U.S. Healthcare

By David Gruber, MD, MBA* Healthcare spending is forecast to increase from US$3 trillion in 2014 to US$5.2 trillion in 2023, reflecting a compound annual growth rate of 5.9 percent. US healthcare expenditures on a per capita basis are 1.9-2.6 times the amount spent by other developed nations despite...

DLA Piper LLP Health Systems Alert: CON Laws, COPAs And The FTC: 7 Antitrust Points For The Health Care Sector

By Lesli C. Esposito and Steven Levitsky The Federal Trade Commission is on a roll in its attack on what it considers anti-competitive effects in the healthcare industry. And that roll has consistently involved challenging activity that once appeared to be protected by state laws. Now, the FTC...

DLA Piper Health Care Alert: DOJ Pursues Individual Liability For Corporate Misconduct – Yates Memo Signals Policy Shift

By Frank E. Sheeder The US Department of Justice has made it a priority to hold individuals accountable for organizational misdeeds – both civil and criminal. Through the recent Yates Memo, the DOJ is sending a message of deterrence to corporate leaders and their governing bodies. The Memo details...