Hospitals

News & Analysis as of

Government Solidifies Victory Blocking Chicago Hospital Merger

The Federal Trade Commission (“FTC”) and the State of Illinois successfully concluded their challenge to the proposed merger of Advocate Health Care and NorthShore University Health System earlier this month, when the U.S....more

Healthcare Law Update: March 2017

Enforcement - OIG Issues Advisory Opinion Allowing Free or Reduced-Cost Lodging and Meals - On March 3, 2017, the U.S. Department of Health and Human Services' (HHS) Office of Inspector General (OIG) issued...more

Delayed ETA for EPMs – CMS Delays New Bundled Payment Models

On March 21, 2017, CMS issued the anticipated delay related to the new Episode Payment Model (EPM) bundled payment program regulations that were finalized in January. The rule, Advancing Care Coordination Through Episode...more

Chicago-Area Hospitals Abandon Fight to Save Merger from FTC Challenge

After the U.S. Court of Appeals for the Seventh Circuit ruled on Oct. 31, 2016, that the district court's refusal to enjoin the merger of two hospital systems in Chicago's northern suburbs was based on an improper antitrust...more

Ingestible e-Pill Approved For Use in Hospitals

BodyCap, a France-based company said to be dedicated to the development of miniature wireless electronic sensors, recently announced that its e-Celsius® device has earned CE mark approval and is now commercially available for...more

OIG Issues Favorable Advisory Opinion Relating to Free Hotel Lodging and Cafeteria Meals for Qualifying Patients

On March 3, 2017, the U.S. Department of Health and Human Services, Office of Inspector General (OIG) issued Advisory Opinion 17-01. The Opinion relates to a request by an academic medical center (the “Requestor”) consisting...more

Fifth Circuit Upholds CMS’s Critical Access Hospital Guidelines

CMS’s definitions of “primary roads” and “secondary roads,” as used to determine what constitutes a critical access hospital, withstood another court challenge last week....more

The Massachusetts CARE Act: A Bright Future for Cooperation Between Healthcare and Family Caregivers

Caring for a sick, disabled or incapacitated loved one can be a stressful proposition, but a new Massachusetts law aims to ease the burden by providing formal support to family caregivers. The Caregiver, Advise, Record,...more

Health Alert (Australia) March 20, 2017

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: New South Wales - 15 March 2017 - NG v Chinese Medicine Board of Australia [2017] NSWCATOD 36 - PROFESSIONS AND...more

Key Takeaways From FHA’s Health Law Summit

Foley recently co-hosted the Florida Hospital Association’s (FHA) 2017 Health Law Summit, which brought together more than 40 in-house attorneys and compliance officers from FHA member hospitals to discuss the current state...more

Third Circuit Permits Teaching Hospital Resident to Bring Retaliation Suit under Title IX

For the first time, the Third Circuit Court of Appeals found that Title IX of the Education Amendments of 1972, 20 U.S.C. 1681, et seq., applies to medical residency programs. Relying on extensive Supreme Court precedent and...more

California Court of Appeal Affirms Validity of Hospital Meal Period Waivers

The ability of hospitals to use meal period waivers was called into question by a 2015 Court of Appeal decision in Gerard v. Orange Coast Memorial Medical Center (Gerard I), which held that the provision in Wage Order 5...more

Pharmaceutical Manufacturers and Healthcare Leaders cite Fraud and Abuse Laws as Obstacle to Value-Based Arrangements

As the healthcare industry moves towards value-based purchasing, pay-for-performance, and other payment reform models, industry leaders have identified federal fraud and abuse laws as a barrier to full implementation of such...more

Antitrust Not Always Available in Competitor Disputes in the Healthcare Sector

The antitrust injury and antitrust standing defenses/doctrines are alive and well in healthcare.  A recent case, SCPH Legacy Corp. et al. v. Palmetto Health et al., shows that a competitor is not always the most legally...more

Medical Residents Can Sue Under Title IX, Third Circuit Holds

The U.S. Court of Appeals for the Third Circuit recently revived a medical resident's harassment and retaliation claims against Mercy Catholic Medical Center, finding that the hospital is subject to Title IX. The Third...more

Congressional Hypocrisy — Taking away your rights

As a part of the recent speed racing bills through Congress, they have put up HR 1215. Quite erroneously, they have titled it: “Protecting Access to Care Act of 2017”. A read of the act’s text quickly tells any objective...more

Employee Suspected of Drug Diversion Could Not Establish “Regarded as Disabled” Claim

An appellate court recently affirmed summary judgment in favor of a hospital that terminated the employment of a nurse for diverting medications, rejecting her claim that she had been perceived to be a drug addict by her...more

Costs of Accommodation: British Columbia Supreme Court Reaffirms High Threshold for Undue Hardship

In a July 2016 decision, Providence Health Care v. Dunkley, 2016 BCSC 1383, the British Columbia Supreme Court held that Providence Health Care (PHC) and the University of British Columbia (UBC) failed to establish that the...more

Medical Residents May Sue Under Title IX

In a decision likely to have significant implications for hospitals and other educational programs that receive federal financial assistance, the Third Circuit Court of Appeals recently held that a Philadelphia hospital can...more

Third Circuit Holds that Medical Resident May Bring a Title IX Claim Against a Private Hospital

Earlier this month, the Third Circuit Court of Appeals reversed the lower court’s dismissal of a medical resident’s Title IX suit against Mercy Catholic Medical Center in Philadelphia, which alleged that the plaintiff was...more

Rare Physician Win in Peer Review Lawsuit

Since enactment of the Health Care Quality Improvement Act in 1986, physicians haven’t usually fared well when they go to court to stop or delay hospital peer review actions, provided the hospitals follow the procedural steps...more

Massachusetts Department of Public Health – Final Hospital Licensure Regulations

The Massachusetts Department of Public Health (DPH) has promulgated final Hospital Licensure Regulations. Approved by unanimous vote of the Massachusetts Public Health Council (PHC) on March 8, 2017, DPH anticipates that the...more

Third Circuit Rules Private Hospital Is Subject to Medical Resident’s Title IX Claims

Seyfarth Synopsis: In Doe v. Mercy Catholic Medical Center, No. 16-1247 (3d Cir. 2017), the U.S. Court of Appeals for the Third Circuit recently held that the nondiscrimination and anti-harassment protections of Title IX...more

Health Alert (Australia) March 13, 2017

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Commonwealth. Fair Work Commission 7 March 2017 - Mrs Glenyce Ham v Dr Allan Clarke T/A CJ Orthopaedics Pty Ltd [2017]...more

North Carolina CON Activity and Opportunity Report

February 2017 was a busy month for Certificate of Need (CON) in North Carolina, and opportunities will continue to extend across the calendar year and into 2018. OR/Surgery Center Activity - In February, new...more

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