Commercial Law & Contracts › Business Organization › Health Law

Cloud Storage Providers Storing Protected Health Information May Be Obligated to Comply with HIPAA Regulations

A recently issued government rule may unknowingly create significant liability and legal risk for many technology enterprises. The expanded definition of "business associates" and related interpretations by the Department of...more

Healthcare Compliance And Chief Compliance Officers

“If we were supposed to talk more than listen we would have been given two mouths and one ear.” – Mark Twain. Sometimes people do not listen. Mark Twain knew what he was talking about. People like to talk instead of...more

Physician Payment Sunshine Act Final Rule Released

In This Issue: - Interpretation and Clarification of Key Definitions ..Applicable Manufacturers ..Applicable GPOs ..Covered Drug, Device, Biological or Medical Supply ..Covered Recipients ...more

Inside M&A - Fall 2012

In This Issue: Bridging the Cross-Border M&A Gap “Korean Style”; Corporate Buyers Beware: FCPA Successor Liability – A Growing Threat; Investing In the Chinese Health Care Sector: A New Frontier to be Explored with Care;...more

Constant Email Access Increases Employee Stress

Five days away from email equals less stress. This may sound obvious, but that was the conclusion of a recent study that took away email from thirteen civilian workers at an Army facility outside Boston, according to a...more

Senators Push CMS to Implement Physician Payments Sunshine Act

In a roundtable discussion of the Senate Special Committee on Aging last week, Senators Chuck Grassley and Herb Kohl called on CMS to issue final regulations implementing the Physician Payment Sunshine Act, which was enacted...more

Can a Hospital Alliance Constitute a Single Entity for Antitrust Purposes? It Depends, Says One District Court

On August 30, 2012, the U.S. District Court for the Southern District of Ohio denied a motion to dismiss a complaint that alleged a per se group boycott by a managing agent and its affiliated hospitals in violation of Section...more

Healthcare Law Results In Refunds To California Employers

The Affordable Care Act, signed into law by President Obama in 2010, has various provisions that kick in starting this year. One provision requires that insurance companies spend a certain percentage of health insurance...more

Life Partners, Inc. Facing Fraud Charges, Investor Lawsuits Over Insurance Investments

The Securities and Exchange Commission has accused the life settlements company Life Partners, Inc. and its executives with fraud in connection with the marketing of their investment product. Life Partners is also facing...more

Venture Investment in Digital Health Effectively Doubles in H1 2012

Venture investment in healthcare convergence technologies soared in the first half of 2012. According to a recent report from Burrill & Co, digital health, into which they group healthcare IT, mobile health and wireless...more

“Sunshine” on Physician Payments

It is amusing to listen to companies complain about the burdens of anti-corruption compliance. It is hard to sympathize when you consider the burdens on other industries, particularly the health care industry. If the...more

Sellers Prepare: Health Care Due Diligence

Originally published in Law360, New York (May 18, 2012, 4:38 PM ET) Health care transactions present unique due diligence challenges. The buyer must evaluate the seller’s compliance policies and procedures, arrangements...more

Key Bylaw Provisions in an Era of Health Care Reform

In this presentation: * Medical Staff Bylaws are the primary governance document for the Medical Staff * Bylaws must contain key provisions in order to comply with: - Medicare Conditions of...more

FMLA Coverage For Employees Who Are Not Yet Eligible

Employees are eligible for protection under the Family and Medical Leave Act (“FMLA”) once they have been employed (a) by the employer for 12 months; (b) for at least 1250 hours of service during the 12-month period...more

Health Reform: CMS Issues Proposed Rules on Federal "Sunshine" Law for Manufacturers and GPOs

On December 14, 2011, the Centers for Medicare & Medicaid Services (“CMS”) issued long-awaited proposed rules with a lengthy preamble (collectively referred to herein as “Proposed Rules”) relevant to Section 6002 of the...more

Festus Dada, M.D. v. Kali P. Chaudhuri et al.

Complaint for Fraud, Conversion, Breach of Fiduciary Duty

Dr. Festus Dada alleges herein that Dr. Kali P. Chaudhuri, William Thomas, and others conspired to deprive him of his ownership interest in Temecula Valley Physicians Medical Group. The complaint further alleges that...more

Applying Section 1 To Hospital Peer Review Decisions

Originally Published in Competition Law360. Decisions to grant or terminate a doctor’s privileges to practice medicine at a particular hospital are often made through a peer review process by a hospital and its staff...more

Are Non-Competition Agreements Enforceable or Not?

This article explores the extent to which non-competition agreements - contracts that include non-compete clauses and other restrictive covenants - are enforceable in Arizona. In particular, the article explores the effect of...more

Health Law Alert: Timing and Hold Separate Agreements in Mergers: When to Fold, Hold or Call

Merging hospitals, physicians, and other health care entities who are investigated by the Federal Trade Commission, Department of Justice Antitrust Division, or a state Attorney General typically face a dilemma relatively...more

Human Resources’ Non-Biased Termination Decision May Be Unlawful Discrimination

For years I have coached employers on the advantages of getting the employee’s side of the story before deciding whether to terminate. For governmental employers, this is a matter of due process. For others, it may be a...more

Heightened Scrutiny with Grave Consequences: Navigating the Maze of Medicare and Medicaid Enrollment Requirements

Topics to Cover • Enhanced Program Integrity safeguards -- new Medicare and Medicaid enrollment rules effective 3/25/2011. • Requirements to maintain accurate and complete enrollment data on file and overview of sanctions...more

Beyond the Cover Story: A Focused Overview of the Key Provisions of the ACO Regulations

Agenda - Welcome – Julie Kass - Application and Agreement with CMS – Sarah Swank - Eligibility, Governance and Leadership – Sarah Swank and Bob Clark - Antitrust – Bill Berlin - Fraud and Abuse – Julie Kass -...more

Why Medical Practice Buyers Need Independent Representation

A recurring liability I address in asset-protection planning for doctors surrounds the sale or purchase of a medical practice. Most conflict and losses that arise from the purchase of a medical practice result from a...more

CMS and OIG Propose Waivers of Fraud and Abuse Laws for ACOs

On April 7, 2011, the Centers for Medicare & Medicaid Services and the Office of Inspector General published proposed waivers of federal fraud and abuse laws — specifically the Stark law, the federal anti-kickback statute and...more

Medicare Shared Savings Program And ACO Proposed Regulations: A Summary

On March 30 2011, the Centers for Medicare and Medicaid ("CMS") issued the long-awaited, proposed regulations for the Medicare Shared Savings Program. These proposed regulations include details concerning the requirements for...more