BakerHostetler

The Proposed Medicaid DSH Rule: Hospitals, States and Associations Declare It Legally Insufficient

The Centers for Medicare and Medicaid Services (CMS) recently released a proposed rule addressing the treatment of third-party payments when calculating uncompensated care costs for the Medicaid disproportionate share hospital…more
| Health

Transgender Issues in the Law and in the Workplace

Visibility of transgender persons has been heightened lately. Caitlyn Jenner received an ESPY award for her bravery in discussing trans issues, there are story lines in popular television shows like “Orange Is the New Black”…more
| Civil Rights, Labor & Employment Law

Tales from the Trenches: Lessons Learned from the Ashley Madison Data Breach

In July 2015, the online cheating website Ashley Madison was hacked and data pertaining to its 37 million users were published online. The story made headlines given the sensitive nature of the information exposed, the number of…more
| Privacy, Science, Computers, & Technology

Capitol Hill Update

Bipartisan legislation introduced in the Senate last week would require pharmaceutical manufacturers to alert the U.S. Department of Health and Human Services (HHS) before increasing prices more than 10 percent, continuing…more
| Elections & Politics, Health

Texas Supreme Court to Hear Case on “Capability of Production” Under Shut-In Clause

On Sept. 2, the Texas Supreme Court granted review in a case that may clarify when a shut-in well’s capacity for production in paying quantities is determined. In BP America Production Company v. Red Deer Resources, LLC, No…more
| Civil Procedure, Energy & Utilities, Real Estate - Commercial

California District Court Delivers Payday Lending Usury Victory to the CFPB with Important Consequences for On-Line Lenders

On August 31, Judge Walter of the Central District of California entered summary judgment in favor of the Consumer Finance Protection Bureau (“CFPB”) on its claims against CashCall, Inc. arising out of allegedly unfair and…more
| Civil Procedure, Consumer Protection, Finance & Banking

Important Federal Circuit Decision Provides More Clues on Software Eligibility

On Sept. 13, 2016, the Court of Appeals for the Federal Circuit gave applicants and patentees another tool with which to argue for the patent eligibility of their software innovations, finding that McRO’s lip-synchronizing…more
| Intellectual Property, Science, Computers, & Technology

Spoofing, Sports and the Panama Papers: BakerHostetler Offers Mid-Year Review of Cross-Border Government Investigations and Regulatory Enforcement

Halfway through 2016, the international community has seen a staggering variety of cross-border investigations and enforcement actions. Brexit, the release of the Panama Papers, allegations of widespread sports doping and the…more
| Business Organizations, Finance & Banking, Privacy, International Law & Trade, Securities Law

Election Season Highlights Contractor Contribution Prohibitions

As this 2016 election season swings into its final months, federal government contractors should continue to be aware of the laws and regulations regarding political contributions. The Federal Election Campaign Act…more
| Elections & Politics, Government Contracting

Third Circuit Sets Framework for Numerosity Requirement

Yesterday, in In re Modafinil Antitrust Litig., 3d Cir. No. 15-3475 the Third Circuit provided a framework for analyzing the oft-overlooked numerosity requirement of Rule 23(a)(1).. The court’s decision both clarified and…more
| Civil Procedure

Sixth Circuit Vacates Class Settlement, Finding that Sealed Documents Prevented Objectors from Assessing Settlement’s Fairness

This summer, the Sixth Circuit rejected class action litigants’ filing of the bulk of their class settlement documents under seal. Shane Grp., Inc. v. Blue Cross Blue Shield of Mich., 825 F.3d 299 (6th Cir. 2016). The Sixth…more
| Civil Procedure, Health, Insurance

Departments of Energy and Interior Announce New Collaborative Strategy to Grow the Offshore Wind Industry

On Sept. 9, the U.S. Department of Energy and the U.S. Department of the Interior jointly announced their collaborative plan, the National Offshore Wind Strategy: Facilitating the Development of the Offshore Wind Industry in the…more
| Energy & Utilities

Obstruction of a Medicare Audit Doesn’t Require Direct Obstruction of a Federal Agent

A registered pharmacist, the owner of two Alabama pharmacies, pleaded guilty to obstructing a 2012 federal audit of Medicare claims and agreed to pay a $2.5 million penalty to the government. The submission of the false and…more
| Government Contracting, Health

Capitol Hill Healthcare Update

House Energy and Commerce Committee Chairman Fred Upton (R-MI) acknowledged publicly last week what has been widely suspected on Capitol Hill – his “21st Century Cures” medical innovation legislation will not pass Congress…more
| Health

Medicare Advantage Plan Arbitration Clauses Preempted by Medicare Appeals Process

The Arizona Supreme Court, in an interesting case involving a Medicare-related coverage dispute between a Medicare Advantage plan administrator, United Behavioral Health (UBH), and two inpatient psychiatric care providers, held…more
| Conflict of Laws, Health
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