Health Law, Alternative Dispute Resolution (ADR)

Hospitals Face Mandatory Affirmative Action Obligations Incorporated by Operation of Law Into Their Federal Subcontracts

by Daniel S. Herzfeld, Julia Judish | Pillsbury Winthrop Shaw Pittman LLP on 4/23/2013

In UPMC Braddock v. Harris, the U.S. District Court for the District of Columbia upheld the U.S. Department of Labor’s Arbitration Review Board decision treating hospitals as government subcontractors subject to the equal...more

Shorts on Long Term Care April 2013

by Kenneth L. Burgess, Jennifer G. Parser | Poyner Spruill LLP on 4/10/2013

In this issue: - What’s In A Word? N.C. Court of Appeals Invalidates Nursing Home Arbitration Clause Based on Language of the Agreement - “The Climb” — NC Activities Directors Win National Award for Their Work...more

What's In A Word? N.C. Court of Appeals Invalidates Nursing Home Arbitration Clause Based on Language of the Agreement

by Kenneth L. Burgess | Poyner Spruill LLP on 4/9/2013

Many nursing homes and assisted living communities commonly include arbitration agreements as part of their admission agreement and documents. Typically, these agreements require residents or their legal surrogates to...more

California Supreme Court To Tackle Arbitration, Foreclosures and Peer Review in Upcoming Oral Arguments

by Michael Walsh | Sedgwick LLP on 4/2/2013

In addition to the more typical criminal issues, the oral arguments scheduled for April 3 and 4 in L.A. will also address when to compel arbitration, foreclosure sales and hospital peer review....more

District Court Permits ERISA Claim for Benefits of IRO Review, Holding Such Review Is Not an Arbitration

by Kara L. Lincoln, Brian S. Neulander, Robert Rachal | Proskauer - ERISA Practice Center on 3/20/2013

In Yox v. Providence Health Plan, No. 12–cv–01348, 2013 WL 865968 (D. Or. Mar. 8, 2013), a federal district court held that the review of benefit denials by an independent review organization (IRO) is not akin to an...more

Mediating Non-Compete Disputes in the Medical Device Industry

by Michael Greco | Fisher & Phillips LLP on 3/18/2013

The medical device industry remains a hotbed for non-compete litigation, and the reason is plain and simple. Economic justification. Sales reps develop close relationships with surgeons who purchase millions of dollars worth...more

U.S. Supreme Court Considers Arbitration Clauses and Class Actions Next Year

by Ruth E. Hartman, Ernest Vargo | BakerHostetler on 12/20/2012

The Supreme Court recently granted certiorari to consider Oxford Health Plans’ appeal of a ruling compelling class arbitration with its providers over the insurer’s payment practices....more

Broemmer v. Abortion Services of Phoenix, Ltd. - Arizona’s Curious Contribution to the Law of Contractual Arbitration By Barry D....

by Sara J. Agne, Barry D. Halpern | Snell & Wilmer L.L.P. on 12/6/2012

Originally published in Arizona Attorney - December 2012. October 2012 marked the 20th anniversary of the Arizona Supreme Court’s opinion in Broemmer v. Abortion Services of Phoenix, Ltd. In the two decades since...more

Healthcare Update, No. 4, November 2012: NLRB Continues To Set Sights On Healthcare Employers

by Fisher & Phillips LLP on 11/7/2012

The National Labor Relations Board (NLRB) has continued its aggressive attack on employers in the healthcare industry and nonunion employers generally. With a membership majority that is widely recognized as being pro-union,...more

Business Litigation Report -- October 2012

by Quinn Emanuel Urquhart & Sullivan, LLP on 10/23/2012

In This Issue: Firm News: ..Kathleen Sullivan Named a “Top 10 Female Litigator” by Benchmark Litigation and Euromoney Legal Media Group ..Pharma Patent Litigators Nick Cerrito and Eric Stops Join Quinn Emanuel...more

Reinsurance Redux - August 2012

by Saul Ewing LLP on 8/28/2012

In This Issue: - Texas Supreme Court Holds that Stop-Loss Insurance is Not Reinsurance, but Rather, is Direct Health Insurance Subject to Regulation under the State Insurance Code: The Texas Supreme Court reversed...more

Health Law Alert: Health Care Reform: Independent Informal Dispute Resolution Coming to a State Survey Agency Near You

by Ober|Kaler on 4/11/2012

Nursing homes now have the option to resolve survey deficiencies through independent informal dispute resolution (IDR) when they receive civil monetary penalties. The Independent IDR processes have been developed by state...more

Third Circuit Compels Arbitration in Meal Break Case and Finds No Basis for District Court’s Unconscionability Ruling

by Duane Morris LLP on 4/9/2012

Employers who do not currently use mandatory arbitration agreements with their employees should consider the benefits of doing so. On March 14, 2012, in Quilloin v. Tenet Healthsystem Phila., Inc., the U.S. Court of...more

Shorts on Long Term Care March 2012

by Poyner Spruill LLP on 3/12/2012

In This Issue: Nicaragua: Mission Impossible, Mission Accomplished - Our goal: Initiate the first-ever activities program for abandoned elders in Nicaragua.... Baby Doll: Miracle from Eden - She had the darkest,...more

Health Law Alert: Supreme Court Endorses Nursing Home’s Use of Pre-Dispute Arbitration Agreement

by Ober|Kaler on 3/2/2012

The United States Supreme Court recently affirmed – in strong terms – the broad reach of the Federal Arbitration Act (FAA) (9 U.S.C. § 1 et seq.) as applied to predispute arbitration agreements between...more

Lawyer-Mediator’s Firm Conflicted-Out of Representing Employee

by Dentons on 2/8/2012

The law firm of a lawyer who assisted a hospital in “evaluating, mediating and resolving workplace conflicts between employees including allegations of harassment and workplace violence” has been ordered removed as lawyers of...more

Privacy and Data Protection 2011 Year in Review

by McDermott Will & Emery on 1/12/2012

A Look at Some of the Major Developments of 2011 Around the Globe, and a Prediction of What’s to Come in 2012 in the Areas of Privacy and Data Protection Privacy and data protection continues to be an exploding area of...more

Court Hands Big Win to Florida Nursing Home Residents

by Lawyers.com on 1/3/2012

Two recent Florida Supreme Court decisions have resulted in major gains for nursing home residents and their families. Both Shotts v. OP Winter Haven and Gessa v. Manor Care of Florida struck down a segment of nursing home...more

GMA Condo Alert! (2011 Condo Conference edition)

by Chris Jaglowitz on 11/1/2011

Each of the 1,000+ attendees at the spectacular ACMO/CCI-T Condominium Conference earlier this month received a complimentary copy of the Conference Edition of our Condo Alert! newsletter in their delegate bag. In case you...more

THE INCREASING NUMBER OF CLAIMS FOR VIOLATION OF RESIDENT'S RIGHTS AND ITS IMPACT ON LIABILITY COSTS

by Regina Casey on 8/18/2011

A recent study by Aon Risk Solutions, in partnership with the American Health Care Association, found that long term care liability costs are rising as a result of the average claim size increasing-despite the fact that claim...more

Effective Use of Mediation and Arbitration in Health Care Disputes

by JAMS, The Resolution Experts on 7/20/2011

Various dynamics at play in the health care industry are likely to contribute to disputes uniquely suited for resolution through mediation and arbitration. If the Patient Protection and Affordable Care Act (PPACA) survives...more

Sharon Shoesmith - “The Scapegoat”

by PHILIP HENSON on 5/28/2011

Philip Henson, Partner, and employment law expert in the City of London law firm Bargate Murray (www.bargatemurray.com)discusses Sharon Shoesmith’s recent victory in the Court of Appeal (UK) and opines that a negotiated...more

Managing Emotions When Mediating Elder Abuse Cases

by Regina Casey on 5/16/2011

Managing emotions when mediating elder abuse cases in dealing with denial, overcoming guilt, diffusing anger and managing emotions effectively....more

Will You Be Able To Enforce Arbitration Agreements In The Future?

by Stephen Hunter on 4/1/2011

Arbitration Agreements require disputes between a resident and the long term care facility to be resolved through binding arbitration. The agreement designates an alternative dispute resolution forum that is independent of...more

When Mediation is the Best Process to Resolve a Dispute

by Regina Casey on 4/1/2011

Mediation is a process in which a third party or mediator assists parties in a dispute to resolve a conflict. The process is private, voluntary, informal and non-binding. There are circumstances when mediation may be a...more

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Health Law › Alternative Dispute Resolution (ADR)