Mary Beth Johnston

Mary Beth Johnston

K&L Gates LLP

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Latest Publications


Health Care Institutions

Originally published in Haig, Business and Commercial Litigation in Federal Courts, Fourth Edition §§ 87:1 et seq. © 2016 American Bar Association. This chapter discusses federal court litigation relating to health care...more

12/30/2016 - ALJ Anti-Kickback Statute Breach of Duty CMS Cybersecurity Data Protection EMTALA ERISA False Claims Act (FCA) Fiduciary Duty Health Care Providers HHS HIPAA Medicaid Medicare OIG Preemption Price-Fixing Recovery Audit Contractors (RACs) Reimbursements Stark Law

The Affordable Care Act After King v. Burwell: With Chaos Avoided in the Near Term, What Does the Future Hold For Health Reform?

On June 25, 2015, the U.S. Supreme Court ended the latest legal challenge to the Affordable Care Act (“ACA”) with its 6–3 ruling in King v. Burwell. With Chief Justice Roberts writing for the majority, the Supreme Court held...more

9/4/2015 - Affordable Care Act Cadillac Tax CMS Health Insurance Healthcare Healthcare Reform HHS IRS King v Burwell Medicaid Medical Device Tax Medicare Popular Public Health Insurance Marketplace SCOTUS Tax Credits

The “Cross-Your-Fingers-And-Hope-It-Goes-Away” School of Statutory Interpretation”: Recent D.C. Circuit Opinion Orders HHS To...

On June 12, 2015, the U.S. Court of Appeals for the District of Columbia (the “Court”) issued an opinion questioning the Department of Health & Human Services’ (“HHS”) interpretation of congressional intent when it...more

8/3/2015 - Chevron Deference Healthcare HHS Hospitals Medicare Pay-Per-Click Physicians Self-Referral Stark Law

Non-Stark Law Proposed Changes to Policies and Payments under the Physician Fee Schedule for CY 2016

On July 15, 2015, the Centers for Medicare and Medicaid Services (“CMS”) published proposed regulations governing policies and payments made under the Physician Fee Schedule (“PFS”) for calendar year 2016 (the “Proposed...more

7/27/2015 - CDS CMS Healthcare Medicaid Medicare Medicare Access and CHIP Reauthorization (MACRA) Medicare Part B Opt-Outs Physician Fee Schedule Physicians Stark Law Telemedicine

60 Day Rule

The Patient Protection and Affordable Care Act of 2010 (“ACA”) requires a provider of services, supplier, Medicaid Managed Care Organization, Medicare Advantage Organization, or Prescription Drug Plan Sponsor receiving an...more

3/3/2015 - Affordable Care Act Health Care Providers Healthcare Overpayment Recovery Time Limits Reporting Requirements

Final Rule Sets Out Detailed Requirements for Charitable Hospitals

On December 31, 2014, the Treasury Department and the Internal Revenue Service (“IRS”) published a final rule (the “Final Rule”) implementing the requirements in Internal Revenue Code Section 501(r) for tax-exempt hospitals...more

1/30/2015 - CHNA Final Rules Financial Assistance Policies Healthcare Hospitals IRS Non-Profits Section 501r Tax Exempt Entities U.S. Treasury

Uncertain Privilege: Implied Waiver of the Attorney-Client Privilege in False Claims Act Litigation

In a pending False Claims Act (“FCA”) case stemming from alleged violations of the physician self-referral law (the “Stark Law”), 42 U.S.C. § 1395nn, and the federal Anti-Kickback Statute (“AKS”), 42 U.S.C. §1320a-7b, the...more

11/17/2014 - Anti-Kickback Statute Attorney-Client Privilege Document Productions False Claims Act (FCA) Motion to Compel Privilege Waivers Stark Law

Bonuses for Physician Employees: Lessons Learned from the Halifax Hospital Case

This week, a federal district court in Florida concluded that a hospital violated Stark as a matter of law by entering into employment agreements with physicians that included bonus compensation that was not based exclusively...more

11/22/2013 - Bonuses Healthcare Medicare Patient Referrals Physicians Profit Sharing Stark Law

CMS Issues New Guidance on 2-Midnights Standard and Delays Audits

Centers for Medicare and Medicaid Services (CMS) finalized a new rule, effective October 1, 2013, under which hospital inpatient admissions are considered reasonable and medically necessary if the physician expects a...more

11/18/2013 - Admissions CMS Healthcare Inpatient Prospective Payment System (IPPS) MACs

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