King & Spalding

1180 Peachtree Street NE
Atlanta, Georgia 30309, United States

  • 404 572 4600
  • 404 572 5100

Health Headlines: Also in the News - July 2014 #3

CMS Revises Medicare Advantage and Part D Prescription Drug Plan Prior Authorization Requirement for Hospices – On July 18, 2014, CMS released a revised a memorandum outlining responsibility for drug payments for hospice…more
| Health, Science, Computers, & Technology

HHS Says It Has Authority to Issue Interpretive Guidance on Contested 340B Orphan Drug Rule Despite Court Order Vacating Final Rule

According to a recent court filing by HHS, the agency should not be precluded from issuing interpretative guidance regarding a provision of the 340B Drug Pricing Program even though a federal district court previously vacated…more
| Administrative Law, Civil Procedure, Health, Science, Computers, & Technology

Senate Special Committee on Aging Addresses Medicare Audits

On July 9, 2014, the United States Senate Special Committee on Aging released a report titled “Improving Audits: How We Can Strengthen the Medicare Program for Future Generations.” Among other recommendations, the report…more
| Health

Eleventh Circuit Dials Back The Specificity Required In An Insurer’s Reservation of Rights—Will Georgia Courts Agree?

The U.S. Court of Appeals for the Eleventh Circuit recently held under Georgia law that an insurance company does not waive a coverage defense by defending the policyholder in an underlying case without reserving its rights to…more
| Civil Procedure, Commercial Law & Contracts, Insurance

CMS Announces Plans for Round 2 DMEPOS Competitive Bidding Recompete

CMS has begun a pre-bidding awareness program in connection with its plans to recompete the supplier contracts awarded in Round 2 of the Medicare Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS)…more
| Health, Government Contracting

ITC Section 337 Update – July 2014

Commission Enforcing General Policy In Favor Of Transparency With Respect To Settlement Agreements – On July 7, 2014, Administrative Law Judge E. James Gildea issued Order No. 66 in Certain Integrated Circuit Devices And…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Intellectual Property, International Law & Trade

Investing in Georgia: Economic Development Newsletter - July 2014

Welcome to King & Spalding's economic development news bulletin, Investing in Georgia. In this edition, you will find: - Election coverage, including analysis of recent gains and losses by Tea Party candidates - A…more
| Commercial Law & Contracts, Elections & Politics, Finance & Banking, Securities Law

Health Headlines: Also in the News - July 2014 #2

CMS Proposes Changes to Physician Payments Sunshine Act Implementing Regulations – On July 3, 2014, CMS released four proposed changes for comment to the implementing regulations for the Physician Payments Sunshine Act. These…more
| Health, Science, Computers, & Technology

FDIC v. Loudermilk, et al.—Georgia’s Business Judgment Rule (and Its Limitations)

On July 11, 2014, the Georgia Supreme Court issued its highly anticipated decision in FDIC v. Loudermilk, addressing squarely the extent to which Georgia’s business judgment rule shields bank directors and officers from ordinary…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Personal Injury

HHS Announces $83.4 Million in Funding to Train New Primary Care Providers

On July 7, 2014, HHS Secretary Sylvia Matthews Burwell announced that HHS would be awarding $83.4 million under the Teaching Health Center Graduate Medical Education (THCGME) program administered by the Health Resources and…more
| Health

D.C. Circuit Overturns PRRB’s Decision that Only Newly Built Hospitals Can Qualify for Favorable Capital Reimbursement Rates

In Select Specialty Hospital – Bloomington, Inc. v. Burwell, No. 15-5355 (D.C. Cir., Jul. 8, 2014), a group of long-term care hospitals (LTCHs) successfully challenged the Secretary’s determination that they were not “new…more
| Administrative Law, Civil Procedure, Health

OMHA Announces Two New Programs to Address Appeals Backlog

The Office of Medicare Hearings and Appeals (OMHA), which oversees the Administrative Law Judge (ALJ) level of appeal, recently posted two important announcements regarding a new Statistical Sampling Initiative (SSI) and…more
| Administrative Law, Health

OIG Report Recommends Increased Scrutiny of Over 1000 Laboratories With Questionable Billing for Medicare Part B Clinical Laboratory Services

According to a recently released report by the HHS Office of Inspector General (OIG), over 1,000 labs had unusually high billing for Medicare Part B Clinical Laboratory Services for dates of service in 2010. Increased auditing…more
| Health, Science, Computers, & Technology

FERC Initiates Proceeding Regarding Price Formation In Organized Markets

On June 19, 2014, the Federal Energy Regulatory Commission ("FERC") initiated a proceeding to evaluate issues regarding price formation in the organized electric energy and ancillary services markets operated by regional…more
| Commercial Law & Contracts, Energy & Utilities

July and August 2014 Filing and Notice Deadlines for Qualified Retirement and Health and Welfare Plans

Employers and plan sponsors must comply with numerous filing and notice deadlines for their retirement and health and welfare plans. Failure to comply with these deadlines can result in costly penalties and excise taxes. To…more
| Labor & Employment Law, Finance & Banking, Health, Taxation
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