King & Spalding

1180 Peachtree Street NE
Atlanta, Georgia 30309, United States

  • 404 572 4600
  • 404 572 5100

First Circuit Rules in Favor of Dialysis Operator in Tax Dispute

On August 13, 2014, the United States Court of Appeals for the First Circuit affirmed a district court’s judgment in a tax dispute proceeding that Fresenius Medical Care Holdings, Inc. (Fresenius) was entitled to more than $50…more
| Civil Procedure, Civil Remedies, Health, Taxation, Government Contracting

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

CMS Issues Final FY 2015 Hospice Wage Index and Payment Rate Update – On August 4, 2014, CMS released the Final Hospice Wage Index and Payment Rate Update for FY 2015…more
| Health

GAO Concludes CMS Should Increase Oversight of Post-Payment Claims Review Process

The Government Accountability Office (GAO) has released the findings of its study of the steps taken by CMS to prevent Medicare contractors from conducting certain duplicative post-payment claims reviews. Based on its audit, the…more
| Health

CMS Paying Some Providers’ Medicare EHR Incentive Payment Using Incorrect Transition Factor

We have learned that CMS has paid Medicare EHR Incentive Program Payments to some eligible hospitals using an incorrect transition factor, understating total payment. CMS personnel have informed us that they are aware of this…more
| Health

CMS Temporarily Suspends Open Payments System

On August 7, 2014, CMS announced via email that it has temporarily suspended the Open Payments system “to investigate a reported issue.” Although CMS did not offer further explanation, our understanding is that the system has…more
| Health, Science, Computers, & Technology

OIG Report Takes Issue With Oversight of Security Controls for Electronic Health Records

HHS Office of Inspector General (OIG) recently released a report concluding that the entity responsible for overseeing the testing and certification process for electronic health records (EHRs) did not fully ensure that…more
| Privacy, Health, Science, Computers, & Technology

Limited Restart of RAC Program

On August 4, 2014, CMS announced that, due to the continued delay in awarding new Recovery Audit Contractor (RAC) contracts, CMS will modify its current RAC contracts to allow for a limited number of reviews of Medicare…more
| Health

CMS Releases FY 2015 Hospital Inpatient Prospective Payment System (IPPS) Final Rule

On August 4, 2014, CMS released the annual Hospital Inpatient Prospective Payment System Final Rule for FY 2015 (the “Final Rule”) affecting discharges occurring on or after October 1, 2014. For inpatient acute care hospitals,…more
| Health

ITC Section 337 Update – August 2014

Fifth Annual "Live at the ITC" – On July 30, 2014, the Fifth Annual Forum on Section 337 and Other Developments at the U.S. International Trade Commission, entitled Live at the ITC, was co-sponsored by the ABA-IPL…more
| Antitrust & Trade Regulation, Civil Procedure, Civil Remedies, Intellectual Property, International Law & Trade

Mexican President Enrique Peña Nieto Promulgates Secondary Oil and Gas Legislation

Yesterday, Mexican President Enrique Peña Nieto promulgated 21 new and amended laws which regulate last December´s historic constitutional energy reform. Among others, the new laws include a Hydrocarbons Law, which governs the…more
| Constitutional Law, Energy & Utilities, Finance & Banking, International Law & Trade

EPA Outlines Options Under Consideration for Risk Management Program Modernization – Will the "Safety Case" Model Cross the Pond?

On July 31, 2014, the U.S. Environmental Protection Agency published a request for information (RFI) on changes the Agency is considering for its Risk Management Program (RMP) accident prevention regulations under section 112(r)…more
| Agriculture, Labor & Employment Law, Energy & Utilities, Environmental Law

DOT Proposes Anticipated Safety Rule for Crude by Rail Transport

On July 23, the U.S. Department of Transportation (DOT) and its Pipeline and Hazardous Materials Safety Administration (PHMSA) announced a Notice of Proposed Rulemaking to strengthen safety standards for rail transport of crude,…more
| Energy & Utilities, Transportation

Successfully Negotiating Software License Agreements

Constantly looking for ways to increase productivity and efficiency, the energy industry is increasingly looking to innovative software solutions from technology vendors. This article offers suggestions for a company to follow…more
| Commercial Law & Contracts, Energy & Utilities, Science, Computers, & Technology

Mining, Oil and Gas Exploration and Exploitation Activities in France: Applicable Law and Planned Reform

Background of the Reform - In late 2012, the French Prime Minister established a committee for drafting a reform of the French Mining Code, which governs mining, oil and gas exploration and exploitation activities. The…more
| Energy & Utilities, Environmental Law

Government of Greece to Launch New Licensing Round and Announces Proposal for Significant Tax Cut to Encourage Hydrocarbon Investment

In early July, the Minister of Energy Environment & Climate Change of the Hellenic Republic and the Greek Ambassador in London hosted the official pre-launch event for a new offshore oil and gas bidding round at the Hellenic…more
| Energy & Utilities, Finance & Banking, International Law & Trade
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