News & Analysis as of

Terminal Illness Treatments

Greenbaum, Rowe, Smith & Davis LLP

Medical Aid in Dying and Medical Tourism in New Jersey

Since being enacted in 2019, the New Jersey Medical Aid in Dying Act has had a threshold condition on a patient’s request for medication under the Act: that they be an “adult resident of New Jersey.” The physician’s record...more

Hutchison PLLC

Turning Radiation Oncology Challenges into Solutions: Kurt Sysock's RADformation

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In the world of radiation oncology, precision is paramount. Every millimeter matters when it comes to treating cancer patients with radiation therapy. But what happens when the very technology designed to save lives becomes a...more

Foley & Lardner LLP

Diving Into SECURE 2.0: New and Potentially Easier Ways to Make Withdrawals from 401(k) Plans

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...Emergency Savings Accounts and Distributions - Brief overview. As reported previously, SECURE 2.0 permits but does not require plans to add emergency savings accounts beginning with the 2024 plan year, but only...more

King & Spalding

OIG Report Analyzes Payments in Excess of Hospice Per Diem Rate

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Last week, OIG released a report analyzing trends in the last decade relating to Medicare payments for hospice beneficiaries outside of the hospice per diem. In the report, OIG notes that CMS has taken the position that...more

Manatt, Phelps & Phillips, LLP

[Webinar] Ten Health Care Imperatives for the Decade Ahead: Delivering Breakthrough Treatments Affordably - September 15th, 1:00...

Scientific advances in understanding how to manipulate genes to alter the course of disease are now starting to bear fruit. Cell and gene therapies will bring hope to those with conditions once thought to be incurable or...more

Husch Blackwell LLP

Staying Prepared: Hospices and the False Claims Act, Part 1 - What Will Hospices Face and What Can They Do About It

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In this first episode of the Husch Blackwell Hospice Team’s 3-part “Hospice and the False Claims Act” series, Husch Blackwell’s Meg Pekarske, Bryan Nowicki, Jody Rudman and Brian Flood discuss how the False Claims Act (FCA)...more

Womble Bond Dickinson

Finding a New Way to Fight a Deceptive Disease

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Cancer is a horribly painful and debilitating illness, but would you ever call it “diabolical”? What about “conniving”? You might after you hear about the latest research out of Vanderbilt University showing that cancer cells...more

Womble Bond Dickinson

Innovative radiotherapy successfully treats cancer without radiation–induced side effects

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More than half of all cancer patients are treated with radiation therapy and may incur acute and chronic toxicities to normal tissue, leading to debilitating side effects. Researchers at the University of California-Irvine...more

Womble Bond Dickinson

Cancer Vaccines: The Fourth Pillar of Anti-Cancer Therapy?

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Innovative technologies are being deployed to address the Western world’s major killer: cancer. Traditionally, cancer treatment has included surgery, chemotherapy, and radiation, but recently, the development of targeted...more

Lowenstein Sandler LLP

US visa policy violates the human rights of transplant candidates and the terminally ill

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Can you imagine needing a life-saving transplant and then having a family member, who is an exact donor match, denied entry into the U.S. for a medical procedure that could save your life? Or being denied your dying wish to...more

Foley & Lardner LLP

AseraCare FCA Ruling Is A Boon For Health Providers

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All hospice providers routinely should assess risk exposure under the False Claims Act — now with the benefit of the U.S. Court of Appeals for the Eleventh Circuit’s long-awaited decision in United States v. AseraCare Inc. ...more

Latham & Watkins LLP

11th Circuit: Difference in Opinion Not Enough for FCA Liability

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The 11th Circuit’s long-awaited AseraCare opinion requires more than mere disagreement regarding clinical judgment to prove falsity under the False Claims Act. The 11th Circuit rejected the government’s theory of falsity...more

King & Spalding

AseraCare Saga Illustrates the Importance of Internal Compliance

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On September 9, 2019, the Eleventh Circuit issued a highly anticipated opinion addressing the critical question of when Medicare claims for reimbursement (in this case, claims for hospice care) can be considered “false” under...more

Troutman Pepper

Eleventh Circuit Says Difference Of Opinion Does Not Establish Falsity In False Claims Act Case

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On September 9, in a setback for AseraCare but an overall win for hospice providers, the Eleventh Circuit affirmed a Northern District of Alabama decision to grant a new trial in a False Claims Act (FCA) case against...more

Foley Hoag LLP - White Collar Law &...

Eleventh Circuit Holds Differences in Clinical Judgment Do Not Create FCA Liability for Hospice Provider

The Eleventh Circuit agreed with the trial court that the government must do more than present expert evidence that a physician’s clinical judgment was inaccurate to establish falsity under the False Claims Act. Nonetheless,...more

Carlton Fields

US v. AseraCare: Eleventh Circuit Holds That Contradictory Clinical Judgments Alone Cannot Trigger FCA Liability

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In a long-awaited decision, the Eleventh Circuit concurred with the lower court’s standard for determining falsity under the False Claims Act (FCA) — reasonable disagreement between medical experts alone is not enough to...more

Patrick Malone & Associates P.C. | DC Injury...

Go figure: In era of Big Data, numbers and statistics still bedevil medicine

Big data and numbers may seem to drive the world these days, but human factors can play a dizzying role when it comes to statistics and medical treatments....more

Hogan Lovells

Eleventh Circuit Confirms: Mere Difference of Opinion Between Physicians Does Not Establish Falsity Under the False Claims Act

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More than two years after the Northern District of Alabama granted summary judgment in a False Claims Act (FCA) case in favor of AseraCare Inc., holding that “contradiction based on clinical judgment or opinion alone cannot...more

Patrick Malone & Associates P.C. | DC Injury...

Concerns rise over costly emergency intervention — a ‘bridge to nowhere?’

Medical ethicists and patient advocates are raising concerns about a big, costly, and often unsuccessful procedure that “pumps blood out of the body, oxygenates it, and returns it to the body, keeping a person alive for days,...more

Chartwell Law

New Workers' Compensation Law to Expand Cancer Coverage for First Responders

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In April 2019, the Maryland General Assembly passed House Bill 604/Senate Bill 646—Workers’ Compensation—Medical Presumptions for Diseases and Cancer —Eligibility (Firefighter Jesse McCullough’s Cancer Protection Law).  The...more

Sheppard Mullin Richter & Hampton LLP

CMS Proposes To Shift Hospice Funding From Routine To Enhanced Care Days

With the FY 2020 proposed hospice rule, CMS proposes two material changes for hospice providers: • CMS proposes to shift approximately $500 million of hospice funding (2.7% of payments) from routine care to enhanced care...more

Sheppard Mullin Richter & Hampton LLP

CMS Proposes To Force Hospices to Specify Unrelated Treatments

In its FY 2020 proposed hospice update, CMS proposes two changes of significant interest to providers: • Shifting $500 million of reimbursement from routine to enhanced care levels; and • Requiring providers to notify...more

Flaster Greenberg PC

Do I Need A Physician Orders for Life-Sustaining Treatment?

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A POLST (physician’s orders for life sustaining treatment) is a portable medical order, signed by a doctor, which contains the treatment wishes of an individual who is either seriously ill, or medically frail. The physician’s...more

Sunstein LLP

July 2018 IP Update: The Right to Try Act: A New Avenue for Use of Experimental Drugs

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On May 30, President Trump signed the Right to Try Act. The Act authorizes the use of experimental drugs without pre-approval or oversight by the Food and Drug Administration. Both the patient and the drug must meet certain...more

Knobbe Martens

Right to Try Act Gives Terminal Patients Opportunity to Try Early Therapies

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Often those with terminal illnesses wish to try new experimental therapies. Now they can if they are willing to accept the risks. On May 30, 2018, President Trump signed into law the Right to Try Act. The Act allows eligible...more

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