News & Analysis as of

Healthcare Contract Drafting

Wiley Rein LLP

Contracting With PBMs: Critical High-Value Issues to Consider

Wiley Rein LLP on

Crafting a new pharmacy benefit manager (PBM) agreement may feel like an uphill battle when you do not have the time and resources to develop a highly customized contract. While it is often more beneficial to a health plan to...more

Epstein Becker & Green

Importance of Negotiating Maintenance, Repair and Replacement Obligations in Health Care Leases

In our ongoing series of blog posts, we have been examining several key negotiating points for tenants in triple net health care leases. We also have offered suggestions for certain lease provisions that will protect tenants...more

Epstein Becker & Green

Importance of Negotiating Operating Expense Provisions in Health Care Leases

Epstein Becker & Green on

In our ongoing series of blog posts, we will look at several key negotiating points for tenants in triple net health care leases. We will also offer suggestions for certain lease provisions that will protect tenants from...more

Epstein Becker & Green

New Year, New Contracts: ACGME Institutional Requirements for Graduate Medical Education

Epstein Becker & Green on

Summertime, for many, marks the beginning of longer days and more sunshine. As an academic medical institution, it also marks the end of one academic year and the commencement of another, and with a new academic year comes...more

Stikeman Elliott LLP

“Commercially Reasonable Best Efforts”: B.C. Court Provides Guidance in Context of Purchase and Sale Contract

Stikeman Elliott LLP on

In Sutter Hill Management Corporation v. Mpire Capital Corporation (Sutter), the British Columbia Court of Appeal found that the acquiror of an Abbotsford, B.C. care home had breached the purchase and sale agreement by...more

Foley & Lardner LLP

U.S. to China Health Care Arrangements: New Rules for Medical Institution and Service Advertisements

Foley & Lardner LLP on

As U.S. hospitals and health care providers continue to explore China’s market for international health care business opportunities, including telemedicine, they often consider providing services or products to consumers...more

Tucker Arensberg, P.C.

CMS Clarifies Written Agreement Requirement

Tucker Arensberg, P.C. on

CMS has acknowledged that arrangements among providers to satisfy the Stark exceptions need not be created in a single document. Although a single written document memorializing the key facts of an arrangement could provide...more

Parker Poe Adams & Bernstein LLP

The $10,000 Access Clause

This paragraph (or some variation) finds its way into lots of contracts when one or both of the parties to the contract are participants in the health care industry...more

Mintz - Health Care Viewpoints

“Access Denied” – Understand How Your Electronic Health Records Are Controlled

Earlier this week, my colleague Dianne Bourque commented on a small medical practice’s inability to access its patients’ medical records one July day after its EHR vendor blocked the practice from pulling the data stored in...more

Smith Anderson

How To Catch-Up in a Revised HIPAA World

Smith Anderson on

The HIPAA final omnibus rule (Omnibus Rule) made sweeping changes to the HIPAA Privacy, Security, Breach Notification and Enforcement Rules earlier this year. Although the compliance deadline of September 23, 2013 has come...more

Poyner Spruill LLP

Scripts - November 2013

Poyner Spruill LLP on

In this issue: - New Wellness Program Rules for 2014 - Now That We Know The Basic Rules… Drafting Covenants Not To Compete To Maximize The Likelihood Of Enforcement - Excerpt from New Wellness Program...more

BakerHostetler

NC Governor Signs Law Banning Most Favored Nations Provisions in Health Care Contracts

BakerHostetler on

Despite opposition and Blue Cross Blue Shield of North Carolina’s claim that it “has not used ‘most favored nation’ clauses in [its] new contracts and in fact [they are] not part of our strategy to use those clauses on...more

BakerHostetler

In North Carolina, Will There Be “Freedom to Negotiate Health Care Rates”?

BakerHostetler on

Despite opposition and the claim from BlueCross BlueShield of North Carolina that it “has not used ’most favored nation’ clauses in [its] new contracts and in fact [they are] not part of our strategy to use those clauses on...more

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