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Health General Business

Read need-to-know updates, commentary, and analysis on Health issues written by leading professionals.

Client Alert: Supreme Court Settles Debate in Florida in Favor of Protection of Referral Sources Under Non-Compete Statute at...

On September 14, 2017, the Florida Supreme Court issued a unanimous opinion in consolidated cases White v. Mederi Caretenders Visiting Services of Southeast Florida, LLC, SC Appeal No. SC 16-28 and Americare Home Therapy,...more

Protection against DOJ interference with state medical cannabis programs extended until Dec. 8

by Thompson Coburn LLP on

A bipartisan short-term funding deal signed into law by President Donald Trump on Sept. 8 extended the Rohrabacher-Blumenauer Amendment protections for lawful medical cannabis programs that allow producers, retailers and...more

Selling or Buying an HUD Financed Nursing Home or Assisted Living: A Baker's Dozen Tips for TPA Transactions

by Baker Ober Health Law on

Interest rates are on the rise after being low for so long. Owners have taken advantage of those long-term, low fixed-rate loans insured under HUD Section 232 in record numbers. It is possible to keep those below-market loans...more

Florida Supreme Court: Referral Sources Can Be Protected By A Non-Compete

Big news for home health agencies and others whose business comes from referral sources: the Florida Supreme Court just held that referral sources are the kind of protectable business interest that will support a non-compete...more

CMS Lifts Ban on Arbitration Agreements and Proposes Rules for Transparency in the Arbitration Process

by Baker Ober Health Law on

In a new proposed rule published in June 2017, the Centers for Medicare and Medicaid Services (CMS) proposed to abandon its previous rule prohibiting long term care facilities from entering into pre-dispute arbitration...more

New Jersey Joins Wave of States Proposing New Rules for Drug Marketing and HCP Interactions

by Hogan Lovells on

Drug manufacturers are once again facing new state limits on marketing and interactions with healthcare providers. Manufacturers should review the new laws and regulations carefully, consider how they might engage with the...more

Washington State AG Alleges Price Fixing and Sues to Break Up Rapidly Expanding Health System

by Mintz Levin on

After five years of growth through a series of acquisitions, the Washington State Attorney General’s office filed a lawsuit to thwart and unwind the most recent expansion efforts of Franciscan Health System (“CHI Franciscan”)...more

Takeda Pharmaceuticals Explores GI Devices in New Partnership with Nanotechnology Company

by Knobbe Martens on

Takeda Pharmaceutical Company, a Japan-based global pharmaceutical company, recently announced an agreement with BioSurfaces Inc., a small Massachusetts research company, to research the development of medical devices for the...more

California Supreme Court Clarifies that Voter Initiatives Are Not Subject to Certain of Proposition 218’s Limitations on Local...

Since Proposition 218 was passed in 1996, which added Article XIIIC to the California Constitution (“Article XIIIC”), local governments have faced heightened restrictions in their abilities to impose taxes. Specifically,...more

Bond-Financed Hospitals Must Apply New IRS Rules to Service Contracts

by McDermott Will & Emery on

After nearly two decades of restructuring service agreements to comply with Internal Revenue Service safe harbors, hospitals and other 501(c)(3) organizations are now subject to a new set of guidance and a single safe harbor...more

Reverse Midas: Doctor Turns His $38K Debt into $65K Debt

by Faegre Baker Daniels on

Dr. Bob Halterman is something of a Midas-in-Reverse. His refusal to pay $38,000 he owed Johnson Regional Medical Center resulted in a $65,000 judgment in favor of the hospital. When the hospital recruited Dr. Bob, the...more

International News: Focus on Health Care - Fall 2017

by McDermott Will & Emery on

Nationalism and Cross-Border M&A: Navigating Populist Politics in Deal Making - More than half of the G20 countries voted-in campaigns that focused on harming foreign, outside interests as a means to strengthen domestic...more

Aetna and its Vendor Face Class Action Lawsuit over HIV Disclosure

A Pennsylvania man has filed a class action lawsuit against Aetna Inc., accusing it of violating his privacy rights when the insurer mailed him prescription information in an envelope with a large, clear window that disclosed...more

The State AG Report Weekly Update

by Cozen O'Connor on

AG Elections- Republican Whitney Westerfield Announces Bid for Kentucky Attorney General- Republican state Senator Whitney Westerfield formally announced his candidacy to become Kentucky AG. He is the first Republican...more

Medical Marijuana Developments In Florida For August 2017

by Fox Rothschild LLP on

Florida continues to made forward progress on implementation of Amendment Two (medical marijuana) with additional licenses and dispensaries being approved or opened around the state....more

NLRB’s Attempt To Incrementally Expand Weingarten Rights Rebuffed By Federal Appeals Court

The NLRB suffered a setback this week when its interpretation of Weingarten rights was rebuffed by the D.C. Court of Appeals. This is the same court that recently declared the agency was acting more as an “advocate than...more

THE LATEST: Rate-for-Volume Payer Contract Provision Should Be Analyzed under Rule of Reason

by McDermott Will & Emery on

District Judge Walter H. Rice of the Southern District of Ohio granted three pretrial motions brought by the Defendants on the eve of trial in The Medical Center at Elizabeth Place, LLC v. Premier Health Partners, et al.,...more

The Ninth Circuit Weighs in on ERISA’s Plan Document and Summary Plan Description Requirements: Mull v. Motion Picture Ind. Health...

Mull v. Motion Picture Ind. Health Plan educates employers on the basics of the requirements of the Employee Retirement Income Security Act (ERISA) governing plan documents and summary plan descriptions. The lessons are...more

Dealing With the ‘AR Dump’: Don’t Accept the Spreadsheet

by McGuireWoods LLP on

“AR dump” cases involving thousands of medical claims are on the rise. The standard playbook is for the provider to run its accounts receivable report and file a summary complaint or arbitration demand alleging the total...more

Federal Government Does About-Face on Enforcement of Arbitration Agreements in Employment Contracts

by Foley & Lardner LLP on

One of the changes in approach that the current administration has taken to the legal system—a change often overshadowed by other headlines—is the current administration’s willingness to enforce arbitration clauses. While...more

District Court Finds Hospital’s Joint Venture Not “Per Se” Unlawful

On the eve of trial, and after years of litigation (including an appeal to the Sixth Circuit), all claims by Dayton, Ohio hospital The Medical Center at Elizabeth Place (“MCEP”) against Premier Health Partners (“Premier”)...more

Tennessee Health Services and Facilities Report: August 2017 Newsletter

by Burr & Forman on

The Tennessee Health Services and Development Agency (“HSDA”) is responsible for regulating the health care industry in Tennessee through the Certificate of Need Program. A Certificate of Need (“CON”) is a permit for the...more

Polsinelli/TrBK Distress Indices Show Healthcare Distress at Record High

by Polsinelli on

We're pleased to announce the release of the Polsinelli|TrBK Distress Indices for the Second Quarter of 2017. Polsinelli, with data provided exclusively by TexHost, LLC d/b/a TrollerBk.com, publishes the Indices on a...more

Worth Another Look: Marijuana, Phase 2

In January of 2017, the National Conference of State Legislatures (NCSL) published a list of the top 10 issues that will be before state legislatures across the nation this year. While we’re just over a quarter of the way...more

DOJ Announces Enhanced Enforcement of Healthcare FCPA Compliance

by Holland & Knight LLP on

The Department of Justice’s (DOJ) Criminal Fraud Section announced a new partnership between DOJ’s Healthcare Fraud Unit’s Corporate Strike Force and Foreign Corrupt Practices Act (FCPA) prosecutors. The partnership is meant...more

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