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Troutman Pepper

Pennsylvania Limits Noncompete Agreements for Health Care Practitioners

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On July 17, Pennsylvania Governor Josh Shapiro signed House Bill (HB) 1633, the Fair Contracting for Health Care Practitioners Act (the Act) into law. At a high level, the Act: (1) limits the enforceability of noncompetes...more

Health Care Compliance Association (HCCA)

In Biggest Stark-Based FCA Settlement Ever, Indiana Hospital Pays $345M, Has Unusual CIA

Health Care Compliance Association (HCCA) on

Community Health Network (CHN) in Indiana has agreed to pay $345 million to settle false claims allegations that it paid over-the-top salaries to hundreds of physicians and rewarded them for their referrals in violation of...more

Kerr Russell

Status Of Covenants Not To Compete And Liquidated Damages Provisions

Kerr Russell on

Question: Are covenants not to compete and liquidated damages provisions in employment agreements still enforceable? I have seen news reports about the Federal Trade Commission and National Labor Relations Board being...more

Health Care Compliance Association (HCCA)

Defensibility of a fair market value analysis

Health Care Compliance Association (HCCA) on

Fair market value (FMV) is a pinnacle issue with respect to healthcare regulatory compliance and compensation agreements. This article will analyze the issues related to an FMV defensibility analysis of compensation...more

Polsinelli

Time to Dust Off Colorado Physician Liquidated Damage Provisions

Polsinelli on

Many Colorado physician employment agreements and equity agreements require physicians to pay liquidated damages if the physician competes with his/her former employer after leaving the organization. ...more

Seyfarth Shaw LLP

Two New England States Pass Legislation Restricting Physician Non-Competes

Seyfarth Shaw LLP on

We’ve written a lot this summer about the Massachusetts legislature’s latest failed attempt at non-compete reform. Two other states in New England, however, are able to claim accomplishments in that regard. Specifically,...more

Saul Ewing Arnstein & Lehr LLP

Fourth Circuit Affirms Jury’s Rejection of Advice of Counsel Defense - Shedding Light on the Conditions for Good Faith

Saul Ewing Arnstein & Lehr LLP on

The Fourth Circuit recently affirmed a $237 million jury verdict against Tuomey Healthcare System under the False Claims Act (FCA) for claims stemming from Stark Law violations. The Stark Law violations stemmed from part-time...more

McDermott Will & Emery

Tuomey’s Appeal of $237M False Claims Act Judgment Denied by the Fourth Circuit

McDermott Will & Emery on

In This Issue: - Background - Tuomey’s Second Appeal to the Fourth Circuit - The Trial Court’s Grant of a New Trial - Tuomey’s Request for Judgement as a Matter of Law on the Stark Law and FCA Issues ...more

Dickinson Wright

Health Care Legal News - September 28, 2012 • Volume 2, Number 8

Dickinson Wright on

In This Issue: - THE DW HEALTHCARE TEAM IS GROWING: With the addition of six new healthcare attorneys, the DW Healthcare Team has expanded its expertise and its depth... - RECOVERY OF LOST PROFESSIONAL...more

Baker Donelson

Renown Health-FTC Antitrust Agreement: Guidance for Hospitals Acquiring and Employing Physicians

Baker Donelson on

Renown was represented in the agencies' investigation and the ensuing settlement negotiations by Ober/Kaler principal Bill Berlin, a member of the firm's Antitrust and Competition Group. On August 6, 2012, Renown...more

King & Spalding

Federal Trade Commission Settles with Healthcare Group over Recent Acquisitions of Cardiologists

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On August 6, 2012, the Federal Trade Commission (FTC) agreed by a vote of 5-0 to enter into proposed settlements with Renown Health regarding that group’s recent acquisitions of two cardiology groups in Reno, Nevada. The...more

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