News & Analysis as of

Healthcare

California: Proposed Legislation Regulating Health Care Rates for Payors and Providers

by Foley & Lardner LLP on

An ambitious California proposal to regulate health care rates and curb long-term health care spending was unveiled last week in Assembly Bill 3087 (Proposed Legislation). The key concept in the Proposed Legislation is the...more

HHS Warns Healthcare Organizations About SamSam Ransomware

The health care industry continues to get hammered by SamSam ransomware attacks, to the point that the Department of Health and Human Services Healthcare Cybersecurity and Communications Integration Center (HCCIC) has issued...more

Medicare Enrollment for Providers No Longer Required Under Medicare Parts C and D

by Foley & Lardner LLP on

On April 2, 2018, CMS released the Contract Year 2019 Final Rules for Medicare Advantage (MA) and Part D (the MA Final Rule), incorporating changes that support CMS’ stated commitment to supporting flexibility and efficiency...more

Health Care Weekly Preview from ML Strategies – April 2018

Welcome back from a much needed recess following the conclusion to 2017 (yes, three months after the calendar flipped). Congress will be in session nine of the next eleven weeks with numerous issues on the table ranging from...more

A "Rare" Amendment: Colorado Amends its Non-Compete Statute for the First Time Since 1982 to Protect Physicians Treating Patients...

by Littler on

Senate Bill 18-082 amends Colorado's non-compete statute to clarify that physicians may disclose their continuing practice and provide new contact information to any of their patients who have a “rare disorder.” ...more

The California Attorney General and Sutter Health Face Off in an Antitrust Lawsuit

On March 29, 2018, the Attorney General of California filed an antitrust action against Sutter Health and its affiliates (“Sutter”) alleging Sutter engaged in various anticompetitive conduct in violation of California’s...more

CMS Releases 2019 MA and Part D Final Rules and Call Letter

Earlier this week, CMS released both the Contract Year 2019 Final Rules for Medicare Advantage and Part D (Final Rules) and the 2019 Call Letter. CMS also released fact sheets for the Final Rule and the Call Letter. The Final...more

DC Circuit Turns Away Healthcare Challenges to TCPA Declaratory Ruling

In ACA International v. Federal Communications Commission, 2018 U.S. App. LEXIS 6535 (2018), the DC Circuit rejected a series of challenges to the FCC’s 2015 Declaratory Ruling brought by Rite-Aid related to the...more

Sharing and Mining Patient Data in Digital Health and Telemedicine: Laws You Need to Know

by Foley & Lardner LLP on

The use of new technologies such as digital health applications, telemedicine, and information exchanges can provide game-changing benefits for providers and patients alike. However, with increased sharing comes increased...more

FCA's "First to File" Bar Retains Some Teeth

by Foley & Lardner LLP on

Health care providers are under constant threat of lawsuits brought by whistleblowers under the federal civil False Claims Act, 31 U.S.C. §§ 3729, et seq. (FCA), the statute under which the government obtains most judgements...more

Data Privacy + Cybersecurity Insider - March 2018 #3

by Robinson & Cole LLP on

Verizon's Protected Health Information Data Breach Report Concludes that Insiders Are Greatest Threat to Health Care Entities - Verizon recently issued its Protected Health Information Data Breach Report, which is always...more

2017 Summary Of New Maine Laws & Carry Over Legislation - State of Maine 128th Legislature, 1st Regular Session

by Pierce Atwood LLP on

Overview - 2017 Summary of New Maine Laws & Carry Over Legislation - The new laws highlighted in this summary are those most relevant to our clients and does not include all laws enacted this past session. This summary of...more

Attempted Monopolization Suit Based on Alleged Referral Steering Moves Forward with Court’s Acceptance as Plausible of a...

by Mintz Levin on

A private home health care agency’s attempted monopolization suit against a dominant public hospital system and its home health care agency will move forward following a federal district court’s denial of the defendant...more

DOJ Announces Roundtable Series on Competition and Deregulation

The Department of Justice (“DOJ”) Antitrust Division recently announced plans to hold a series of public roundtable discussions to analyze the relationship between competition and regulation, and its implications for...more

Data Privacy + Cybersecurity Insider - March 2018 #2

by Robinson & Cole LLP on

Cybersecurity Task Force Launched in Arizona - Arizona Governor Doug Ducey launched the Arizona Cybersecurity Team (ACT) by Executive Order on March 1, 2018. The ACT is comprised of 22 members representing officials from...more

Let’s Start Over – 2018 Health Savings Account Cost of Living Adjustments

by Ruder Ware on

It is unusual for the IRS to implement a retroactive change to a previously announced limit (whether it be qualified plan limits or HSA limits). Especially when the change is a reduction in the amount that taxpayers can...more

CMS’s Advance Notice and Call Letter: How Medicare Plans Can Report, Identify, and Address the Opioid Epidemic

CMS has slowly but surely been providing additional guidance to Medicare Plans (Medicare Advantage and Part D plans) regarding steps they can and should take to address the opioid epidemic as it relates to their...more

Health Care Weekly Preview from ML Strategies – March 2018

Congress kicks off this week with three weeks to go before the March 23 omnibus spending deadline. At this point it’s still not entirely clear what will be tacked on to this spending package, but immigration, market...more

DOJ Pursues PE Firm Based on Portfolio Company's Alleged Payment of Kickbacks

by Jones Day on

The Situation: In what may indicate a sea change in terms of who the Department of Justice ("DOJ") is willing to pursue in False Claims Act cases, a private equity firm has been named as a co-defendant in a False Claims Act...more

10 Tips for Complying with Georgia’s Telemedicine Laws

by Foley & Lardner LLP on

On January 22, 2018, the Georgia House of Representatives adopted a Resolution recognizing telehealth as an important tool to improving access to health care in Georgia. One week later, the Georgia Senate recognized January...more

Air Ambulances Services and Preemption

by LeClairRyan on

Since the enactment of the Airline Deregulation Act of 1978 (ADA), an issue that continues to receive close legal scrutiny is the extent to which states may regulate the activities of air ambulance services. ...more

Dumpster Diving Leads to $100,000 Fine for Defunct Business Associate Due to Improper Disposal of Medical Records

On February 13, 2018, the HHS Office for Civil Rights (OCR) announced a $100,000 settlement with a court-appointed receiver representing Filefax, Inc. (Filefax) arising from the 2015 discovery of medical records that...more

OCR Warns of Cyber Extortion and Provides Checklist

In its January newsletter, the Office for Civil Rights (OCR) focused on cyber extortion, which it stated has “risen steadily over the past couple of years and continue to be a major source of disruption for many...more

Will partisan assault on Obamacare also rack up costs of car insurance?

Although Congressional Republicans and the Trump Administration may not want to stop their relentless assault on the Affordable Care Act, aka Obamacare, there may be other reasons to persuade them to do so....more

FTC testimony underscores agency's views on certificate-of-need laws and competition in health care markets

by Dentons on

Staff from the Federal Trade Commission (FTC) appeared before the Alaska Senate Committee on Labor and Commerce on February 6, 2018, to present the FTC’s views on certificate-of-need (CON) laws and to support the repeal of...more

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