News & Analysis as of

Medical School

Fame, reputation and a med school dean’s secret life

Although smaller community hospitals may provide treatments that are as good and as safe, Americans flock to academic medical centers for specialized care and complex procedures. They’re lured to the big, pricey institutions...more

Immigration Agency Resumes Necessary Premium Processing for Important Medical Doctor Visa Waiver

Following the Administration’s March 2017 halt to premium processing for Physicians under the Conrad 30 J-1 Waiver Program, United States Citizenship & Immigration Services (USCIS) announced on June 23 that premium processing...more

Washington University School of Medicine Victim of Phishing Attack

Another employee falls for a phishing attack. This time, it was an employee of the Washington University School of Medicine The employee received a phishing email on December 2, 2016, and feel for what looked like a real...more

Courts’ Consistent Application of Stevens to State Institutions of Higher Learning

by BakerHostetler on

The United States Supreme Court recently declined review of the First Circuit Court of Appeals’ ruling that the University of Massachusetts Medical School was an “arm of the state,” and thus, not subject to the federal False...more

Perspectives for the Professions: Case Summary: Third Party Accreditation

by Field Law on

B.C. College of Optics Inc. v. The College of Opticians of British Columbia, 2016 BCCA 85, allowing an appeal of the lower Court’s finding that the regulator could not require a third-party assessment of a training program as...more

Perspectives for the Professions - January 2017: Case Summary: Test for Interim Conditions

by Field Law on

Scott v. College of Massage Therapists of BC, 2016 BCCA 180, allowing an appeal of the lower Court’s decision to quash an interim condition on practice. A massage therapist was the subject of a complaint that he had...more

First Circuit Adopts “Arm of the State” Test to Affirm Dismissal of FCA Complaint

by Ropes & Gray LLP on

In January 2016 in a matter of first impression, the First Circuit held that the University of Massachusetts Medical School is a state agency, and therefore not a “person” subject to liability in a False Claims Act (“FCA”)...more

Multiple Universities Sued Over 403(b) Retirement Plan Investment Fees

by Franczek Radelet P.C. on

In the last several days, a number of large private universities have been sued regarding the investment fees in their 403(b) retirement plans. The lawsuits claim that these universities breached their fiduciary duties under...more

U.S. employers targeted by lawsuits claiming excessive fees in employee retirement and savings plans: Could it happen in Canada?

by Dentons on

I recently wrote about the legal risks regarding plan fees that should be considered by Canadian employers who sponsor group registered retirement savings plans and defined contribution pension plans....more

ERISA Class Actions Filed Against Higher Education Institutions

by Ballard Spahr LLP on

Several ERISA breach of fiduciary duty class actions involving allegedly excessive retirement plan fees were filed this week against higher education institutions including colleges, universities, and medical schools. The...more

AAMC Releases 2016 Medicaid GME 50-State Survey

by Dentons on

The Association of American Medical Colleges (AAMC) recently released the latest update of its periodic report, Medicaid Graduate Medical Education Payments: A 50-State Survey. The Survey, which has been updated to reflect...more

Beyond residency: How the Medicare program treats fellowship training

by Dentons on

Teaching hospitals are often responsible for the clinical training of three different categories of trainees: - Interns, or trainees in their first year of residency training - Residents, or trainees who have...more

Medical Residents Held Subject to FICA

by Pessin Katz Law, P.A. on

In the case of University of Texas System v. U.S., 759 F.3d 437, (2014) the U.S. Supreme Court on April 27, 2015 declined to review a decision of the U.S. Fifth Circuit Court of Appeals which, affirming the district court,...more

Locke Lord QuickStudy: Duke Hit with Antitrust Suit for Non-Poaching Agreement with UNC

by Locke Lord LLP on

Universities and medical institutions in close geographic proximity may have faced the same issues as Duke and UNC when their faculties started departing for richer positions at the other’s campuses. With ever-increasing...more

Want to Be Part of the State? Depends on Why You Ask

by Faegre Baker Daniels on

Some questions can’t be answered in a vacuum. That’s the situation when the question is whether an entity wants to be part of the state or separate from it. If the specific issue is whether its board meetings are open to...more

NLRB Rules Hospital's Resident Physicians Are Employees and Can Unionize

by Ballard Spahr LLP on

Whether an individual is an “employee” entitled to all the protections of the National Labor Relations Act (NLRA), or a “student” who has no such rights, has been a recurring and hotly contested issue before the National...more

Feds Warn Medical, Dental, and Nursing Schools about Unlawful Discrimination against Students and Applicants with Hepatitis B

by Ballard Spahr LLP on

Three federal agencies recently publicized a joint agency letter that was sent to schools of medicine, dentistry, and nursing and other health-related schools about what the agencies perceive as potential discrimination...more

DOJ ADA Settlement Involving Hepatitis B Sends Critical Message to Higher Ed and Medical Providers

by Saul Ewing LLP on

The DOJ has concluded that two medical schools had no lawful basis for excluding applicants who had active cases of Hepatitis B because they could not show that these individuals posed a direct threat to the health and safety...more

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