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The Contraception Coverage Controversy Continues…

As we have been discussing, the Affordable Care Act (“ACA”) requires all health plans to cover preventive health services for women, including all Food and Drug Administration (“FDA”)-approved contraceptives, at no cost (i.e....more

Undoing MICRA

It has been over thirty-five years since California became a leader in healthcare reform, addressing the malpractice insurance crisis in a measured way. In 1975, the Medical Injury Compensation Reform Act (“MICRA”) capped...more

Complaint Filed Against HHS Alleges Medicare LCDs Deprive Beneficiaries of Necessary Clinical Laboratory Services

On April 18, 2014, California Clinical Laboratory Association (“CCLA”) and “Jane Doe” (collectively, “Plaintiffs”) filed a lawsuit against HHS for equitable relief in the United States District Court for the District of...more

Florida Supreme Court Strikes Down Wrongful Death Non-Economic Damages Cap for Med Mal Cases

On March 13, 2014, the Florida Supreme Court, in a 5-2 ruling, issued its long-awaited opinion following review of the Eleventh Circuit Court of Appeal’s decision in Estate of McCall v. United States, 642 F.3d 944 (11th Cir....more

Religious Freedom, Contraceptive Services, and The ACA: The Dilemma of the Self-Certification Provision

On February 21, 2014, the Seventh Circuit Court of Appeals, in a 2-to-1 decision, denied a preliminary injunction enjoining the federal government from enforcing the self-certification provisions of the Affordable Care Act...more

Rational Basis Review Is Not Empirical Basis Review: Fifth Circuit Criticizes the Seventh Circuit's Decision in Van Hollen

Late last year the Seventh Circuit issued its decision in Planned Parenthood of Wisconsin, Inc. v. Van Hollen, No. 13-2726 (7th Cir. Dec. 20, 2013), a constitutional challenge to a new Wisconsin law (known as Act 37) that...more

Florida Supreme Court Holds Statutory Cap on Non-Economic Wrongful Death Damages in Medical Malpractice Actions Violates the...

In Estate of Michelle Evette McCall, et. al. v. United States of America, SC11-1148 (Fla. 2014), the Florida Supreme Court decided the following certified question: Does The Statutory Cap On Wrongful Death Noneconomic...more

Shaking Down the Thunder from the Sky: Notre Dame’s Challenge to the Contraception Mandate

The Supreme Court will inevitably decide to what extent the Religious Freedom Restoration Act protects religiously affiliated employers from providing insurance coverage for contraceptive services, as is generally required...more

February 2014: Life Sciences Litigation Update

Can the FDA Be Held Liable in a Private Lawsuit for Failure to Prevent Recent Drug Shortages? In Carik et al. v. United States Dep’t of Health & Human Servs. et al., CV 12-272, __ F. Supp. 2d __, 2013 WL 6189313 (D.D.C. Nov....more

Health Care Reform: Seventh Circuit Rejects Notre Dame’s Request For Injunction Against ACA Contraception Mandate While Supreme...

A three-judge panel on the Seventh Circuit Court of Appeals rejected the University of Notre Dame’s request for a preliminary injunction that would permit the university to avoid complying with the ACA‘s contraception mandate...more

False Claim Act: 2013 Year in Review

Last year continued the trend of robust False Claims Act (FCA) enforcement by the U.S. Department of Justice (DOJ) and proliferating qui tam lawsuits brought by whistleblowers on behalf of the United States. In 2012, DOJ...more

HHS States That It Will Issue Guidance On HIPAA Regulation For Prescription Refill Reminders

On September 11, 2013, HHS stated in a joint motion filed in the case of Adheris, Inc. v. Sebelius, No. 1:13-cv-1342 (D.D.C.), that it plans to issue guidance on a HIPAA regulation related to prescription drug refill...more

Private Health Care Providers Should Understand the Risks When Treating Inmates - BB&K's Jared Goldman Examines the Potential...

If you have worked in correctional health care for a while, you have heard about the Eighth Amendment’s prohibition against “deliberate indifference” to an inmate’s medical needs. But you may be unaware of the patchwork of...more

Religious Institutions Update - July 2013

Have you ever wondered how the United States Constitution came to incorporate "free exercise of religion" in the First Amendment? James Madison wrote the initial draft of the Bill of Rights. He and other Federalists initially...more

Tenth Circuit Rules in Favor of Religious For-Profit Corporations in Birth Control Litigation under the Affordable Care Act

In Hobby Lobby Stores, Inc. et al. v. Sebelius, et al.,1 an en banc panel of the U.S. Court of Appeals for the Tenth Circuit held that Hobby Lobby Stores Inc. and Mardel Inc., two for-profit corporations owned and operated by...more

Florida Medicaid Liens After Wos

The 2013 Florida legislature wasted no time responding to the March 20 Supreme Court opinion in Wos v. E.M.A., 568 U.S. __ (2013)....more

Religious Institutions Update: April 2013

Implementation of the Patient Protection and Affordable Care Act (PPACA) is in full swing. The law requires non-exempt religious organizations with fewer than 50 full-time employees to determine whether they are a large...more

Inmates Claim County is Depriving Them of Basic Medical and Mental Health Care - Similar Lawsuits Expected to be Filed as Counties...

Inmates in the Riverside County jails served a federal class-action lawsuit last week, claiming the county is subjecting them to cruel and unusual punishment by depriving them of basic medical and mental health care. Among...more

Tort Reform Limiting Medical Malpractice Awards in Texas: It Ain’t Workin’

Health care costs in Texas did not drop after passage of a 2003 constitutional amendment limiting medical malpractice awards, despite promises made to voters by tort reform supporters....more

Court Allows Challenge of RAC Recoupment Process

In a decision issued June 5, 2012, a federal district court allowed suit by a hospital challenging the validity of Medicare regulations providing that a contractor’s decision to reopen an initial determination is not...more

Fourth Circuit Vacates Stark Damages Award; Provides Interpretation of Key Stark Law Provisions

On March 30, 2012, the U.S. Court of Appeals for the Fourth Circuit published its long-awaited decision in the case of United States ex rel. Drakeford v. Tuomey Healthcare Sys., No. 10-1819 (4th Cir. 2012). The Fourth...more

Supreme Court Hears Oral Arguments on Health Care Reform: Will the Affordable Care Act Survive?

After three days of oral arguments last week, the fate of the Patient Protection and Affordable Care Act (ACA) now lies in the hands of the nine Supreme Court justices. What, if any, provisions of the sweeping health care...more

U.S. Supreme Court – Day Three of Oral Arguments on the Affordable Care Act

Today, morning oral arguments in the Supreme Court focused on the issue of “severability,” that is, if the Court decides that the individual mandate (the subject of Day Two oral arguments) is unconstitutional, can the rest of...more

U.S. Supreme Court – Day Two of Oral Arguments on the Affordable Care Act

Today’s Supreme Court oral arguments centered on the Patient Protection and Affordable Care Act’s (ACA) “individual mandate” (also known as the “minimal coverage provision”), the requirement, beginning in 2014, for all...more

U.S. Supreme Court Hears Oral Arguments For Constitutional Challenge of Affordable Care Act – Day One

Just over two years after President Obama signed the Patient Protection and Affordable Care Act (PPACA), yesterday the United States Supreme Court heard its first of three consecutive days of oral arguments in Department of...more

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