Health Care

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DLA Piper: Federal Court Blocks Rule Restricting Telemedicine Practice In Texas
Posted on 30 Jun 2015 by DLA Piper

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,... Read More

Barnes & Thornburg LLP: Amarin Pharma Preemptively Sues FDA over 1st Amendment Rights
Posted on 22 May 2015 by Barnes & Thornburg LLP

On Thursday, May 7, Amarin Pharma took the unprecedented step of proactively suing the U.S. Food and Drug Administration (FDA) over the agency’s alleged infringement of the company’s First Amendment Rights. The case arises from Amarin’s... Read More

Williams Mullen: Health Care Providers Lacked Standing to Sue as ERISA Beneficiaries: Rojas v. Cigna Health and Life Insurance Company
Posted on 28 Jul 2015 by Williams Mullen

By Mark S. Thomas The U. S. Court of Appeals for the Second Circuit has affirmed a dismissal of claims by two physicians and their medical practice asserting standing under ERISA to enjoin an insurer from removing them from its coverage network. Rojas... Read More

Sands Anderson: Electronic Health Records -- Improving Care or Complicating Litigation?
Posted on 29 Jul 2015 by Sands Anderson PC

By Matthew L. Curtis and Michelle L. Warden Electronic Health Records (EHR) were generally promised to decrease costs and improve health-care outcomes. Setting aside whether those promises were well founded, EHR have posed new challenges for litigators... Read More

Steptoe & Johnson PLLC: Make Sure Your Peer Review Program Is Ready Before You Need It
Posted on 10 Dec 2015 by Steptoe & Johnson PLLC

A 2015 decision by the West Virginia Supreme Court of Appeals highlights the importance of following procedural formalities by making it clear that a failure to apply and maintain clear distinctions in what health care providers intend to classify as... Read More

Supreme Court Blocks Enforcement Of Birth Control Mandate
Posted on 27 Jan 2014 by Cheryl Keely

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Jan. 24 enjoined the federal government from enforcing the birth control mandate contained in the Patient Protection and Affordable Care Act (PPACA) against an order of Catholic nuns... Read More

William A. Ruskin: N.Y. High Court Opts Not To Expand Liability For Health Data Confidentiality Breach
Posted on 11 Feb 2014 by William A. Ruskin

By William A. Ruskin The New York Court of Appeals ruling that came down Jan. 9 in Doe v. Guthrie Clinic , 2014 NY Slip Op 00138 (Court of Appeals 1/9/14) [ enhanced opinion available to subscribers ], should prove helpful in evaluating the... Read More

Foley & Lardner LLP: Hospitals Urging SCOTUS to Limit False Claims Act Penalties
Posted on 11 Jul 2014 by Foley & Lardner LLP

What do a moving company and a hospital association have in common? The False Claims Act (FCA). The American Hospital Association along with the United States Chamber of Commerce and the Pharmaceutical Research and Manufacturers of America recently... Read More

Ballard Spahr LLP Alert: Amendments Made to Claim and Appeal and External Review Rules Under Health Care Reform
Posted on 30 Jun 2011 by Ballard Spahr LLP

By Brian M. Pinheiro, Marla G. Roshkoff, and Edward I. Leeds The U.S. Departments of Treasury, Labor, and Health and Human Services have collectively released amended interim final regulations addressing internal claims and appeals and the external... Read More

Williams Mullen: Recent HHS Settlement with Phoenix Cardiac Surgery Highlights HIPAA Risks Of Electronic PHI
Posted on 9 May 2012 by LexisNexis Emerging Issues Law Community Staff

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... Read More

Supreme Court Affirms Decision In Health Care Class Arbitration Dispute
Posted on 10 Jun 2013 by Cheryl Keely

WASHINGTON, D.C. - (Mealey's) In a unanimous opinion, the U.S. Supreme Court on June 10 affirmed that an arbitrator acted within his powers under the Federal Arbitration Act (FAA) in determining that parties affirmatively "agreed to authorize... Read More

Supreme Court Mum On Virginia's Challenge To Health Care Law
Posted on 18 Apr 2011 by LexisNexis Emerging Issues Community Staff

WASHINGTON, D.C. - Although the state of Virginia has asked for its lawsuit challenging the federal health care law to go straight to the U.S. Supreme Court, the high court on April 15 took no action on the request, the Associated Press has reported.... Read More

9th Circuit Affirms Plaintiffs Lack Standing To Challenge Health Care Act
Posted on 15 Aug 2011 by Cheryl Keely

SAN FRANCISCO - (Mealey's) A panel of the Ninth Circuit U.S. Court of Appeals on Aug. 13 affirmed a lower court ruling that plaintiffs challenging the Patient Protection and Affordable Act (PPACA) lacked standing to challenge the act because they... Read More

Breakdown of the Supreme Court Ruling on Patient Protection and Affordable Care Act
Posted on 28 Jun 2012 by Elise Klein

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... Read More