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A Reduction in the Utility of Civil Investigative Demands and the Interpretive Narrowing of "Person" under the False Claims Act

Executive Summary: False Claims Act actions against government contractors are on the rise. But two recent decisions offer potential limitations to false claims exposure, and may aid defendants in future FCA litigation....more

Legislative Update Report No. 2013-01 -- Jan 11, 2013

In This Issue: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and Yukon....more

Program Director and Therapist Convicted In $205M Mental Healthcare Fraud

Just over two years after the raid on the Miami headquarters of mental healthcare chain American Therapeutic Corporation (American Therapeutic), a former program director and therapist in the Ft. Lauderdale office of the...more

Wheaton College v. Sebelius and Belmont Abbey College v. Sebelius

Brief Of Amici Curiae Center For Constitutional Jurisprudence, American Civil Rights Union, And CATO Institute In Support Of...

In January, when the Department of Health and Human Services announced that qualifying health insurance plans under Obamacare would have to cover contraceptives and "morning after" pills, many religious institutions — most...more

Sports Law -- Oct 01, 2012: California Passes the Nation's First Ever "Student-Athlete Bill of Rights"

Athletes enrolled in California's four-year institutions of higher education, public or private, will be protected by a first-in-the-nation law signed by Governor Jerry Brown last week. The Student-Athlete Bill of Rights,...more

Massachusetts "Gift Ban" Law: Emergency Regulations Implement Partial Repeal

On September 19, 2012, the Massachusetts Department of Public Health (“DPH”) amended the Pharmaceutical and Medical Device Manufacturer Code of Conduct regulations (the “Code of Conduct”). The amended regulations modify the...more

Massachusetts DPH Proposes Amendments to Regulations to Implement Gift Ban Law Changes

On September 19th, the Massachusetts Department of Public Health (“DPH”) published emergency amendments to its regulations, 105 CMR 970.000 et seq. (“Proposed Regulations”), designed to implement recent changes to the...more

Update: Massachusetts Amends 105 C.M.R. 970.000 “Gift Ban” Law

Amendments allow for more relaxed rules regarding the provision of modest meals and refreshments for educational interactions, require new quarterly reporting, provide a sunset date on certain provisions in anticipation of...more

Medicare Audit Challenges to Paying Nursing and Allied Health Program Pass-Through Costs

The Medicare program shares in the costs for approved nursing and allied health education programs operated by hospitals, a matter which has become a recent focus in Medicare audits of hospitals operating such programs....more

Proof of Pertussis (Whooping Cough) Booster Required for Students Entering Sixth and Ninth Grades

The Illinois Department of Public Health has announced that beginning in the 2012-2013 school year, students entering grades six and nine need to show proof of receiving the Tdap vaccine (in addition to having received a...more

Payment Matters: CMS's Non-Hospital Training Rules Again Upheld

In the recently decided case University Med. Ctr., Inc. v. Sebelius [PDF], the U.S. District Court for the District of Columbia upheld CMS policies regarding nonhospital training agreements as those policies were applied in...more

White Collar Crime & Investigations Law Update -- March 2012

In This Issue: "The Second Semester Begins: Outcome of High School SAT Scandal Prosecutions May Hinge Upon Privilege Issues" and "Health Care, Pharmaceutical and Medical Device Fraud Investigations-Unprecedented...more

ACGME Announces its Next Accreditation System

On February 22, 2012, the Accreditation Council for Graduate Medical Education (ACGME) announced the roll-out of its “Next Accreditation System” (NAS) for all graduate medical education (residency and fellowship) programs...more

Payment Matters: CMS Instructs Teaching Hospitals on Reporting FICA Tax Refunds for Medical Residents

On March 10, 2010, the IRS determined that medical residents are exempt from FICA taxes based on the student exception, for tax periods ending before April 1, 2005. Although the refunds apply to tax periods ending before...more

GME FTE Resident Counts Found Subject to Revision without Reopening of the 1996 Cost Report

In Kaiser Foundation Hospitals v. Sebelius, No. 11-92 (D.D.C. Dec. 12, 2011), the U.S. District Court for the District of Columbia held that despite the passing of the three-year limitation period prohibiting the reopening of...more

Health Law Alert -- A Dentist's Best Answer To An Investigation By The New York State Education Department's Office Of...

As you know, with the exceptions of physicians, attorneys, and a handful of other professions, professional misconduct (the failure of a licensed professional to meet expected standards of practice) of all other professions,...more

When and How to Report Suspected Child Sexual Abuse

Explosive allegations of sexual assault at Penn State University this month have provoked a national conversation on child abuse and how to report it. Penn State has been a clinic on what not to do: So far five administrators...more

The History of Health Care

As a student in Advanced Legal Writing at Kaplan University, our project and papers dealt with real life issues. But, of course, the names and places are fiction. This particular paper was a preliminary short essay to what...more

New Jerseyans with Disabilities: Still Second Class Citizens

New Jerseyans with disabilities are still second class citizens, despite Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, the Indivisuals with Disabilities Education Acr, and New Jersey's Law...more

Payment Matters: Reminder: CMS Now Permits Electronic Submission of Medicare Graduate Medical Education (GME) Affiliation...

As all teaching hospitals are aware, Medicare permits hospitals to share Medicare resident FTE cap slots through the use of Medicare Graduate Medical Education (GME) affiliation agreements. Historically, CMS has required that...more

"The Patient Protection & Affordable Care Act" and "The Health Care & Education Reconciliation Act of 2010" Regulations Summary...

This is Foley Hoag's Summary Chart of the Regulations Required in both "The Patient Protection & Affordable Care Act" and "The Health Care & Education Reconciliation Act of 2010." Please see full chart below for more...more