Richard Zall

Richard Zall

Proskauer Rose LLP

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Proposed Rule's Medicaid Managed Care Medical Loss Ratio Requirement Will Likely Impact Plans, Providers and Patients in New York

On June 1, 2015, the Department of Health and Human Services Center for Medicaid and Medicare Services (CMS) published a proposed rule at 80 Fed. Reg. 31097 (Proposed Rule) that will fundamentally change state Medicaid...more

6/4/2015 - Affordable Care Act CMS Enforcement Managed Care Contracts Medicaid Medical Loss Ratio Proposed Regulation Reporting Requirements

Supreme Court Hears Oral Argument in King v. Burwell: Will Impermissible Federal Coercion Save the ACA?

Yesterday, the Supreme Court heard oral argument in King v. Burwell, which some describe as an argument over a mere four words – "established by the state." But to the surprise of many, the Justices did not spend most of the...more

3/6/2015 - Affordable Care Act Federalism Health Insurance Health Insurance Exchanges Healthcare Reform King v Burwell Medicaid Medicaid Expansion SCOTUS Subsidies

Ninth Circuit Sides with FTC; Affirms Ruling That Idaho Health Care Merger Was Unlawful

In a closely-watched post-merger challenge, the Ninth Circuit this week sided with the FTC and affirmed an Idaho federal court's determination that the 2012 merger of two health care providers in the same city violated...more

2/12/2015 - Antitrust Litigation Corporate Counsel Divestiture FTC Healthcare Hospital Mergers Hospitals The Clayton Act

Responding to the Anthem Cyber Attack

Anthem Inc. (Anthem), the nation's second-largest health insurer, revealed late on Wednesday, February 4 that it was the victim of a significant cyber attack. According to Anthem, the attack exposed personal information of...more

2/9/2015 - Anthem Insurance Breach Notification Rule Class Action Cyber Attacks Data Breach Health Insurance HIPAA Personally Identifiable Information Popular

Protecting Healthcare and Other Employees From Ebola

News that a U.S. based health-care worker in Dallas has contracted Ebola while caring for a patient with the disease has raised questions about the protections that health care facilities and other employers must provide for...more

10/16/2014 - Africa CDC Ebola Healthcare Healthcare Professionals OSHA Safety Precautions

New York Nonprofit Revitalization Act Rollout Challenges

As the July 1, 2014 compliance date of the New York Nonprofit Revitalization Act of 2013 (the "Revitalization Act") quickly approaches, many charities operating in New York are confronting some difficult rollout challenges....more

6/23/2014 - Board of Directors Corporate Officers Economic Development IRS Non-Profits Real Estate Development

Governor Cuomo Announces New Waiver Addressing Critical Issues in New York State Health Care System through DSRIP Program

On April 14, 2014, Governor Andrew Cuomo announced that New York has finalized terms and conditions with the federal government for a waiver that will allow the state to reinvest the $8 billion in federal savings from the...more

4/24/2014 - CMS Healthcare Hospitals Medicaid Waivers

Better vs. Cheaper? – Court Says Cost Trumps Quality in Health Care – Orders Undoing of Physician Group Tie-up

The health care industry is in the midst of a revolution caused by demographic changes, advancements in medical understanding and, of course, Obamacare. As health care providers scramble to adjust to this brave new world, the...more

2/11/2014 - Affordable Care Act FTC Healthcare Physicians

OIG Issues Special Fraud Alert on Business Arrangements with Physician-Owned Entities

On March 26, the HHS Office of Inspector General (OIG) issued a Special Fraud Alert (Fraud Alert) reiterating its long-standing concern that the opportunity for a referring physician to earn a profit by investing in a venture...more

4/15/2013 - Anti-Kickback Statute Fraud Healthcare Joint Venture Medical Devices OIG Physician-Owned Distributors

Placing Limits on the State Action Doctrine, the Supreme Court Subjects Local Government Hospitals to Scrutiny under the Antitrust...

Recent major regulatory and technological developments have brought forth historic changes to the health care market. Health care providers have responded to these developments in several ways. One such mechanism, hospital...more

2/22/2013 - FTC FTC v. Phoebe Putney Health System Hospital Mergers Hospitals Immunity Mergers SCOTUS State Action Doctrine

HHS Issues HIPAA/HITECH Omnibus Final Rule Ushering in Significant Changes to Existing Regulations

"Sweeping changes" is how Leon Rodriquez, of the Department of Health and Human Services Office of Civil Rights (OCR), characterized the effect of the final omnibus Health Insurance Portability and Accountability Act (HIPAA)...more

1/29/2013 - Business Associates Data Protection HHS HIPAA HIPAA Omnibus Rule HITECH Notifications Patient Privacy Rights PHI

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