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Private Hospital Collaborating with State College Not “State Actor” for Section 1983 Purposes When Dismissing Trainee

by Holland & Knight LLP on

Private hospitals commonly associate with public entities in running a variety of programs. These collaborations raise the question in civil rights litigation of whether and when the private hospital is a state actor. Under...more

Medical Residents and Title IX - What Teaching Hospitals Need to Know

by Baker Ober Health Law on

Last month, Baker Donelson reported the surprise ruling out of the Third Circuit in Jane Doe v. Mercy Medical Center in which the court held that the discrimination and harassment prohibitions of Title IX apply to a private...more

U.S. District Court Holds that a State University Is Immune from False Claims Act Liability Despite Intervention by United States

by King & Spalding on

On April 11, 2017, the U.S. District Court for the District of Oregon granted Oregon Health and Sciences University’s (OHSU) motion to dismiss a qui tam False Claim Act (FCA) suit, holding that (1) OHSU is an “arm of the...more

Medical Resident: Student, Employee, or Both? Third Circuit Finds Hospital Residency Program May Be Subject to Title IX

In a recent case of first impression, the Third Circuit found that a private teaching hospital’s residency program was an “education program or activity” for purposes of a discrimination claim asserted under Title IX of the...more

Third Circuit Endorses Title IX and Title VII Claims of Medical Resident

by Proskauer Rose LLP on

Should a medical resident alleging sexual harassment and retaliation be treated as: (i) an employee who can seek relief under Title VII; (ii) a student who can seek relief under Title IX; or (iii) both? And if the answer is...more

Medical Residents Can Sue Under Title IX, Third Circuit Holds

by Ballard Spahr LLP on

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

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

by Seyfarth Shaw LLP on

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

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

Universities Are Prime Targets for False Claims Act Liability

by McCarter & English, LLP on

Colleges and universities receive billions of dollars in federal funds, whether through research grants or student financial aid, or even by billing Medicare or Medicaid for services rendered at academic medical centers. As a...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

In Wake of Escobar, Cases Return to Circuit Courts

On Monday, the U.S. Supreme Court issued summary dispositions vacating the judgments in three cases brought under the False Claims Act (“FCA”). The Court remanded the cases back to their respective circuit courts for...more

Prohibition on Pharmacy Inducements Beyond College of Pharmacists’ Authority

by Field Law on

In Sobeys West Inc v. Alberta College of Pharmacists, 2016 ABQB 232, the Alberta Court of Queen’s Bench held that amendments to the College of Pharmacists’ Codes of Ethics and Standards of Practice prohibiting inducements to...more

Standard of Review in Discipline Matter

by Field Law on

Professional Conduct Committee of the Saskatchewan College of Paramedics v. Bodnarchuk, 2015 SKCA 81, reinstating a decision of the College Discipline Committee. A paramedic was disciplined by a Discipline Committee of...more

D.C. Circuit Determines that Physical Possession of Medicare Records Not Required in Implied-Certification Claim Against the...

by Dorsey & Whitney LLP on

On Friday, the U.S. Court of Appeals for the District of Columbia Circuit reversed a district court’s grant of summary judgment in favor of a relator based on the district court’s finding of a violation of the False Claims...more

Shaking Down the Thunder From the Sky: Part 2 of Notre Dame's Challenge to the Contraception Mandate

by Foley & Lardner LLP on

For the second time in as many years, the Seventh Circuit has declined to grant Notre Dame’s request for an injunction exempting the university from the contraception requirements of the Affordable Care Act. As was true back...more

Supreme Court Asked If State Universities Are Exempt From Claims Under the False Claims Act

A professor at the University of Texas Health Science Center has petitioned the U.S. Supreme Court to determine the standard for imposing liability on state universities (and their related entities, such as hospitals and...more

Religious Institutions Update - Lex Est Sanctio Sancta

by Holland & Knight LLP on

"Church plans" are pension plans (including defined benefit or defined contribution plans) exempt (without an irrevocable election) from many of the legal requirements of the Employee Retirement Income Security Act (ERISA)...more

Supreme Court Declines to Hear Liberty University’s Challenge to Affordable Care Act Suit

by DLA Piper on

As reported by multiple sources on Monday, the U.S. Supreme Court declined to wade into the constitutionality of the Affordable Care Act’s (ACA) employer mandate. Liberty University, a Christian university in in Lynchburg,...more

Religious Institutions Update - December 2013

by Holland & Knight LLP on

A federal district court has ruled unconstitutional one of the most important tax benefits available to ministers: the minister's housing allowance. A summary of the case follows. The ruling threatens to have a dramatic...more

A Reduction in the Utility of Civil Investigative Demands and the Interpretive Narrowing of "Person" under the False Claims Act

by Womble Bond Dickinson on

Executive Summary: False Claims Act actions against government contractors are on the rise. But two recent decisions offer potential limitations to false claims exposure, and may aid defendants in future FCA litigation....more

Payment Matters: CMS's Non-Hospital Training Rules Again Upheld

by Baker Donelson on

In the recently decided case University Med. Ctr., Inc. v. Sebelius [PDF], the U.S. District Court for the District of Columbia upheld CMS policies regarding nonhospital training agreements as those policies were applied in...more

Elder Law & Long Term Care: August 2011 Newsletter

by Kippy Wroten on

Articles: The Increasing Number of Claims for Violation of Patient's Rights and Its Impact on Liability Costs; Postscript: 1 Year After Humboldt; Dukes Revisited, a Much Needed Win for Employers; Purposeful Leadership; 3rd...more

When Mediation is the Best Process to Resolve a Dispute

by Regina Casey on

Mediation is a process in which a third party or mediator assists parties in a dispute to resolve a conflict. The process is private, voluntary, informal and non-binding. There are circumstances when mediation may be a...more

When is Negotiation the Best Process to Resolve a Dispute

by Regina Casey on

We are all involved in negotiations in our daily lives. When disagreements arise among families, friends, or co-workers, we often try to resolve the conflict by communicating our position and attempting to persuade the other...more

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