King & Spalding

Also In The News - Health Headlines - April 2016

CMS Extends Participation in Bundled Payments for Care Improvement by Two Years – CMS has offered awardees the opportunity to extend participation in Models 2, 3, and 4 of the Bundled Payments for Care Improvement program…more
| Health

FDA Issues Three Draft Guidance Documents For Drug Compounders

On April 15, 2016, the U.S. Food and Drug Administration (“FDA”) issued three new draft guidance documents related to human drug compounding under the Food, Drug, and Cosmetic Act (“FD&C Act”), as amended by Title I of the Drug…more
| Health, Science, Computers, & Technology

OIG Issues Revised Policy Statement Regarding Permissive Exclusion

On April 18, 2016, the Office of Inspector General of the United States Department of Health and Human Services (“OIG”) issued a revised policy statement containing the new criteria that OIG intends to use in implementing its…more
| Administrative Law, Business Torts, Criminal Law, Government Contracting, Health

CMS Releases Hospital Inpatient PPS and Long-Term Care Hospital PPS Proposed Rule

CMS released updates to the Hospital Inpatient Prospective Payment System (Hospital IPPS) and Long-Term Care Hospital Prospective Payment System (LTCH PPS) in a proposed rule on April 18, 2016 (Proposed Rule). The Proposed Rule…more
| Health

Senator Tom Carper Questions Office Of Management And Budget Regarding Emerging Cybersecurity Technologies

On April 8, 2016, U.S. Senator Tom Carper, the ranking Democratic member of the Senate Homeland Security and Governmental Affairs Committee, sent a letter to Shaun Donovan, Director of the Office of Management and Budget (“OMB”)…more
| Government Contracting, Privacy, Science, Computers, & Technology

U.S. Spy Court Grants NSA Permission To Collect Telephone Records

The U.S. Foreign Intelligence Surveillance Court (“FISA Court”) unsealed an order on April 19, 2016, in which it allowed the National Security Agency (“NSA”) to compel specific telephone records related to an ongoing terrorism…more
| Administrative Law, Communications & Media Law, Privacy

CMS Proposes to Reverse 0.2 Percent IPPS Rate Reduction After Two-Midnight Rule Litigation Loss

In the FY 2017 IPPS Proposed Rule, CMS announced that it would reverse the 0.2 percent IPPS rate cut that was imposed in FY 2014 (and re-adopted in subsequent years) related to the Two Midnight Rule and increase the…more
| Administrative Law, Government Contracting, Health

RAND Corporation Issues Report Regarding “Consumer Attitudes Toward Data Breach Notifications And Loss of Personal Information”

On April 14, 2016, the RAND Corporation (“RAND”) released the results of a “first-of-its-kind consumer survey” by the RAND Institute for Civil Justice (“ICJ”) (the “Report”) which was “designed to provide useful information to…more
| Consumer Protection, Privacy, Science, Computers, & Technology

Seventh Circuit Allows Data Breach Suit To Proceed Against P.F. Chang’s

On Thursday, April 14, 2016, the United States Court of Appeals for the Seventh Circuit reversed a lower court’s ruling and held that customers suing P.F. Chang’s China Bistro Inc. did have standing to sue for fraud-prevention…more
| Civil Procedure, Privacy, Science, Computers, & Technology

The Senate Acts to Modernize Energy Policy and Increase U.S. Exports of Liquefied Natural Gas

For the first time in almost a decade, the Senate passed by a vote of 85-12 a bipartisan, broad based energy bill. The Energy Policy Modernization Act of 2016 (S. 2012) focuses on all forms of energy production and policies,…more
| Elections & Politics, Energy & Utilities, Environmental Law, International Law & Trade

Energy Newsletter - April 2016

Managing In-Project Disputes in Major Construction Projects - What do you do when an unforeseen event threatens to increase the costs or time necessary to complete a major construction project? At first, it may seem easy…more
| Bankruptcy, Construction Law, Energy & Utilities, International Law & Trade, Maritime Law

Super PACs in Spotlight Once Again During Presidential Primary Season

As in the 2014 mid-term election season, Super PACs once again are attracting a great deal of attention in this Presidential Primary season. Although criticized by many, they are a legal, and many believe effective, way to…more
| Elections & Politics

Two is Better Than One: CGL Policies Complement Cyber Insurance in Protecting Companies Against the Rising Costs Associated with Data Security Breaches

Cyber insurance policies are often considered the “last line of defense” against cybersecurity incidents, but companies should keep in mind that their traditional commercial general liability (“CGL”) insurance policies are a…more
| Privacy, Science, Computers, & Technology

Renewable Energy In Russia: Recent Developments

Russia recently introduced procedures for the transfer of a power generating company’s rights and obligations under long-term capacity agreements for future projects that use capacity payments to secure a return on investment,…more
| Commercial Law & Contracts, Energy & Utilities, Environmental Law, Finance & Banking, International Law & Trade

GAO Recommends Additional Site-Neutral Medicare Payment Policies

On April 13, 2016, the Government Accountability Office (GAO) released another report once again recommending that Congress equalize payment rates for Medicare services across practice settings (e.g., hospital outpatient setting…more
| Health
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