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Health Care Providers Amicus Briefs

BakerHostetler

BakerHostetler Files Amicus Brief on Behalf of 30 Hospitals and Health Systems

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As noted back in December 2022, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) has issued dramatic guidance (often called the Bulletin) that targets the use of so-called Internet “tracking...more

Morrison & Foerster LLP

True Facts About False Claims: MoFo's FCA Newsletter - April 2023

Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter, we...more

Cozen O'Connor

AG Tong Leads Bipartisan Coalition Supporting Drug Price Regulations

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Connecticut AG William Tong, together with a bipartisan coalition of AGs from 23 states and the District of Columbia, filed amicus curiae briefs in two appellate cases before the Third Circuit and the District of Columbia...more

Jenner & Block
Dobbs v. Jackson Women’s Health Organization

Jenner & Block Amicus Brief Urges US Supreme Court to Strike Down Mississippi’s Abortion Ban

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A Jenner & Block team has filed an amicus brief in Dobbs v. Jackson Women’s Health Organization, the US Supreme Court case considering a Mississippi law banning abortion after 15 weeks of pregnancy. The brief urges the...more

Husch Blackwell LLP

Will the U.S. Supreme Court Weigh in on Hospice Prognostication? Industry Hopes to Preserve AseraCare Court Decision.

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The AseraCare court decision benefited hospices and physicians, particularly by recognizing the uncertainty surrounding prognostication of a six-month life expectancy and the principle that two physicians can disagree about...more

King & Spalding

California Court Finds State Law Set Rates for Out-of-Network Medicaid MCO Post-Stabilization Services but Leaves Open Whether...

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The California Court of Appeal in Los Angeles recently took up the issue of whether federal and/or state law sets any rate for Medicaid MCOs to pay to hospitals for out-of-network post-stabilization services. The case was...more

Ballard Spahr LLP

Defendant files answer brief, trade groups file amicus brief in Montana lawsuit challenging healthcare provider’s use of prepaid...

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Last week, the defendant filed its answer brief in Bratton v. Sisters of Charity of Leavenworth Health System, Inc., an appeal now pending before the Montana Supreme Court involving a challenge to the defendant’s use of...more

Seyfarth Shaw LLP

Seyfarth Shaw Policy Matters Newsletter - November 2019

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Right of First Refusal EO Revoked. Last week, President Trump issued an Executive Order revoking Executive Order 13495 issued by President Obama in January 2009. EO 13495 required that successor Federal service contractors...more

Arnall Golden Gregory LLP

AGG Partners File Amicus Brief on Behalf of the Georgia Hospital Association and the Georgia Alliance of Community Hospitals

AGG health care litigation partners Jason Bring, Chesley McLeod, and Jerad Rissler recently filed a friend of the court brief with the Georgia Court of Appeals on behalf of both the Georgia Hospital Association and the...more

White and Williams LLP

Cross-Plan Offsetting to Recoup Overpayments to “Out-Of-Network” Providers Held Unreasonable

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In an opinion filed on January 15, 2019, the Eighth Circuit Court of Appeals upheld the district court’s ruling that UnitedHealth Group’s practice of recovering overpayments made to “out-of-network” providers from one plan by...more

Mintz - Health Care Viewpoints

Tenth Circuit Revives FCA Claim Based on Alleged Lack of Medical Necessity

The Tenth Circuit Court of Appeals has issued a significant decision, finding that a physician’s medical judgment about the medical necessity of heart procedures can be “false or fraudulent” under the federal False Claims Act...more

Patterson Belknap Webb & Tyler LLP

How an Amicus Brief Can Win an Appeal

Economists are endemic to antitrust litigation. Their expertise is often necessary to explain why the conduct or merger at issue will have no impact (or a huge impact!) on competition in a market. ...more

Sheppard Mullin Richter & Hampton LLP

Temporal Proximity Is Not Enough: Third Circuit Nixes FCA/Anti-Kickback Suit For Failure To Link Alleged Scheme to Claims

On January 19, 2018, the United States Court of Appeals for the Third Circuit affirmed a district court’s ruling granting summary judgment to a specialty pharmacy that was accused of violating the Anti-Kickback Statute and...more

Carlton Fields

Amendment 7 Prevails Over Patient Safety Work Product Protections

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On January 31, the Florida Supreme Court ruled that the “Patient Safety Work Product” privilege cannot shield Florida health care providers from Amendment 7 requests. The court’s decision in Charles v. Southern Baptist...more

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