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Health Care Providers › Petition for Writ of Certiorari

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court Rejects Challenge to New York Health Care Vaccine Mandate

Parker Poe Adams & Bernstein LLP on

On December 13, the U.S. Supreme Court declined to hear an appeal of a decision upholding New York state’s recent COVID-19 vaccine mandate for health care workers. The plaintiffs challenged the mandate based on its lack of...more

Bradley Arant Boult Cummings LLP

Health-Care Providers Still Stymied on Evidence Needed to Prove FCA Violation

Bradley Arant Boult Cummings LLP on

Courts nationwide have struggled for years with the question of when a subjective opinion is false under the False Claims Act. The Supreme Court’s decision to deny review of two cases involving health-care providers that had...more

WilmerHale

False Claims Act: 2020 Year-in-Review

WilmerHale on

The Department of Justice (DOJ) announced on January 14, 2021 that it had recovered $2.2 billion in False Claims Act (FCA) settlements and judgments in its 2020 fiscal year. While that figure is down considerably from prior...more

Mintz - Health Care Viewpoints

Health Care Fraud Investigations and Litigation Offer Unexpected Lessons for Bankruptcy Counsel

Mintz - Health Care Viewpoints on

WHAT’S INSIDE - Who Decides How Bankruptcy Laws Are Applied? PROMESA: An Experiment Doomed to Fail - The Role of Alter Ego in Restructuring - SPECIAL FRAUD SECTION - Don’t Depend on a Handshake - Health...more

Mintz - Health Care Viewpoints

FCA Defendant Petitions Supreme Court, Argues Statute is Unconstitutional

Mintz - Health Care Viewpoints on

As many of our readers know, we have been closely following the Polukoff False Claims Act (FCA) qui tam case, which is based on allegations that certain heart procedures performed by a cardiologist were not medically...more

Mintz - Health Care Viewpoints

Update on Azar v. Allina Health Services: Supreme Court Hears Oral Argument on When CMS Must Use Formal Rulemaking

Mintz - Health Care Viewpoints on

On January 15, 2019, the Supreme Court heard oral arguments in Azar v. Allina Health Services, a prominent case involving a challenge by hospitals over when Medicare’s instructions to its contractors impact a “substantive...more

Mintz - Health Care Viewpoints

Supreme Court to Decide Critical Case on When CMS Must Use Formal Rulemaking when Instructing Medicare Contractors

Mintz - Health Care Viewpoints on

On January 15, 2019, the U.S. Supreme Court will hear arguments in a hotly-contested case involving a challenge by hospitals over when Medicare’s instructions to its contractors impact a “substantive legal standard” and thus...more

Mintz - Health Care Viewpoints

Health Care Enforcement Year in Review and 2019 Outlook: Civil Litigation Developments and Settlements

Mintz - Health Care Viewpoints on

As in years past, the False Claims Act (FCA) remained a powerful health care enforcement tool in 2018, and FCA investigations and litigation persisted, fueled mainly by hundreds of lawsuits filed annually by relators,...more

Baker Donelson

Supreme Court Grants Review in Allina Health Services Case

Baker Donelson on

Is the Department of Health and Human Services (HHS or the government) required to engage in notice and comment rulemaking when it changes a requirement that has an important impact on hospitals' reimbursement? As we reported...more

Skadden, Arps, Slate, Meagher & Flom LLP

Enforcement and Litigation Strategies: Skadden’s Eighth Annual Pharmaceutical, Biotechnology and Medical Device Seminar

Skadden, Arps, Slate, Meagher & Flom LLP on

On March 15, 2018, Skadden hosted its Eighth Annual Pharmaceutical, Biotechnology and Medical Device Seminar in Palo Alto, California, which focused on U.S. enforcement issues faced by companies throughout the industry. The...more

Baker Donelson

Peer Review Not Protected: U.S. Supreme Court Will Not Disturb Florida Decision Limiting the Patient Safety and Quality...

Baker Donelson on

A multi-year discovery dispute regarding the adverse medical incident reports of a Jacksonville, Florida hospital concluded on October 2, 2017 when the United States Supreme Court denied a petition for a writ of certiorari in...more

Cohen & Gresser LLP

How an Uncommonly Silly Law Led to a Host of Very Consequential Supreme Court Decisions

Cohen & Gresser LLP on

In 1879, Connecticut passed a law barring the use of “any drug, medicinal article or instrument for the purpose of preventing conception”; the penalty was“not less than fifty dollars” or between 60 days and one year in...more

Holland & Knight LLP

Florida Supreme Court: Federal PSQIA Does Not Pre-empt State's Constitution

Holland & Knight LLP on

In Charles v. Southern Baptist Hospital of Florida, Inc., published on Jan. 31, 2017, the Florida Supreme Court held that the federal Patient Safety and Quality Improvement Act (PSQIA) is not and was never intended to be a...more

Littler

October 13 Effective Date of the Home Care Rule Stands—For Now

Littler on

On August 21, 2015, the U.S. Court of Appeals for the District of Columbia Circuit upheld the Department of Labor's Home Care Rule. Based on that decision, the effective date of the Home Care Rule is October 13, 2015....more

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