News & Analysis as of


Virginia Health Care Legislation: 2018 Session Recap

by Williams Mullen on

To say the 2017 elections changed the dynamic of Virginia’s General Assembly would be an understatement. The Democratic party swept all three statewide elected offices and trimmed the Republican majority in the House of...more

Hospital Servers Infected with Malware for Over a Year Affect More than 500,000

by Murtha Cullina on

Malware-infected servers of a Baltimore hospital system, LifeBridge, may have affected more than half a million patient records. LifeBridge reports in a statement on its website that it discovered malware on the servers that...more

Texas Health System Pays Nearly $2 Million To Settle Allegations of Improper Billing for Inpatient Services

by King & Spalding on

On May 14, 2018, the U.S. Attorney’s Office for the Southern District of Texas announced that Memorial Hermann Health System (MHHS) will pay $1,929,071.38 to resolve allegations that it improperly billed government healthcare...more

Illinois Supreme Court Hears Oral Argument on Hospital Property Tax Exemptions

by Franczek Radelet P.C. on

Yesterday, the Illinois Supreme Court heard oral argument in Oswald v. Beard, a case challenging the constitutionality of the statute exempting most hospitals from paying any property taxes. ...more

Health Alert (Australia) 21 May 2018

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 14 May 2018 - Susan Anson v Western District Health Service [2018] FWC 2132 - Application for an unfair dismissal remedy – alleged...more

Congress Continues Push on Medical Device Cybersecurity Mandates - FDA Issues Medical Device Safety Action Plan; DHS Continues to...

by Holland & Knight LLP on

Cybersecurity risks to the health and medical device sector continue to be front and center both in Congress and the executive branch, with increasing risks coming from nation states, nonstate actors and other attackers. The...more

California Superior Court Judge Orders Department of Public Health to Make Names and Personal Home Addresses of Approximately...

A California Superior Court judge recently issued an order granting the Service Employees International Union’s (“SEIU”) petition for writ of mandate under the California Public Records Act (“CPRA”) and ordered the California...more

Eighth Circuit Holds that Non-Profit, Non-Bankrupt Entities are Insulated from Substantive Consolidation

The Bottom Line: The Eighth Circuit affirmed the District Court of Minnesota and the Bankruptcy Court in holding that section 303(a) of the Bankruptcy Code prohibits the substantive consolidation of non-debtor non-profit...more

DOJ Enters Into Largest-Ever Civil Settlement with Hospital for Drug Diversion

On May 16, 2018, the U.S. Attorney’s Office for the Southern District of Georgia announced that it had entered into the “largest hospital drug diversion civil penalty settlement in U.S. History” in the amount of $4.1 million...more

Industry Leaders Present on Trends in Physician Alignment at Georgia Academy of Healthcare Attorneys Annual Meeting

by Arnall Golden Gregory LLP on

On May 3, 2018, Michael Barry, Esq. of Arnall Golden Gregory LLP, Tynan Kugler, CVA, of PYA, P.C., and Rob Stone, Esq., of Alston & Bird, LLP presented “Trends in Physician Alignment” at the Georgia Academy of Healthcare...more

Detroit Medical Center CEO calls insurers’ No-Fault bluff

by Michigan Auto Law on

Auto insurers balk at Detroit Medical Center CEO Conrad Mallett’s offer for a dollar-for-dollar price cut with hospital charges and No-Fault insurance premiums - Did Detroit Medical Center CEO Conrad Mallett just call-out...more

US District Court Holds Medical Executive Committees Can Sue And Be Sued

On April 27, 2018, the United States District Court for the District of New Jersey held that the Medical Executive Committee (“MEC”) of a hospital, which is comprised of doctors that decide who is given privileges within the...more

CMS Pushes for Hospital Price Transparency in Proposed Rule

On April 24, 2018, the Centers for Medicare & Medicaid Services (“CMS”) announced a new proposed rule (CMS-1694-P) (“Proposed Rule”). In an attempt to “empower patients through better access to hospital price information,”...more

CMS Publishes Six Proposed Medicare Payment Rules: What It All Means

by Morgan Lewis on

Key themes emerging from the hundreds of pages of proposed Medicare payment and policy rules impacting hospitals and post-acute providers include encouraging price transparency, promoting exchange of healthcare data, and...more

New Georgia Law Promotes Micro-Hospitals, Though CMS’s “Primarily Engaged” Standard Looms

by King & Spalding on

On May 2, 2018, Georgia Governor Nathan Deal signed into law a bill allowing failed rural hospitals to be converted into “micro-hospitals.” The law comes as a response to a recent string of rural hospital closures and a...more

CMS Acquiesces to Banner Self-Disallowance Decision

by King & Spalding on

On April 23, 2018, CMS released CMS-1727-R (the Ruling), which announced that it will follow the United States District Court’s decision in Banner Heart Hospital v. Burwell, 201 F. Supp. 3d 131 (D.D.C. 2016). The Banner...more

Costs Down; Quality Up

by Dickinson Wright on

How can providers increase quality of care while reducing cost to patients? The answer is through innovation, creativity, increased patient responsibility, partnership, and real-time flow of information. ...more

Enrollment Dangers for Surgical Hospitals Following New Medicare Compliance Criteria

On April 11, 2018, the Centers for Medicare & Medicaid Services (CMS) issued a notice of revocation of Medicare enrollment to Blue Valley Hospital in Overland Park, Kansas (Blue Valley) for failing to meet Medicare standards...more

NLRB Prohibits Hospital From Banning Union Pins Or Badges

by Husch Blackwell LLP on

The National Labor Relations Board (the “Board”) recently held that a California hospital illegally maintained a dress code policy that effectively prohibited employees from wearing pins and badge reels with union insignia. ...more

An Update on Implementation of New Management Contract Safe Harbors for Property Financed with Tax-Exempt Bonds

by Foley & Lardner LLP on

In the past few years, the IRS has changed its guidance on whether “management contracts” result in private business use for purposes of the restrictions on use of property financed with tax-exempt bonds. This update...more

Alere Settles False Claims Act Allegations for $33 Million

by Knobbe Martens on

The United States Department of Justice announced in a press release that Alere Inc. and its subsidiary, Alere San Diego, reached a settlement agreement with the United States government for $33.2 million over allegations...more

Medicare cost reporting changes on the horizon

by Dentons on

On April 24, 2018, CMS released its fiscal year 2019 hospital inpatient prospective payment system (IPPS) proposed rule (the Proposed Rule), in which the agency has proposed a number of changes to supporting documentation...more

Two Recent Examples of Challenges To Collect “Reasonable” Charges

by Foley & Lardner LLP on

Two recent cases illustrate the continuing challenges providers, and in particular hospital providers, face when seeking to collect their charges when dealing with “out-of-network” patients....more

South Carolina Tax Litigation Update: First Quarter 2018

by McNair Law Firm, P.A. on

There were several notable state tax opinions issued by the South Carolina Administrative Law Court, Court of Appeals, and Supreme Court in the 1st quarter of 2018. A number of tax cases are also pending before the Court of...more

NLRB Voids Hospital ID Policy that Bans Union Insignia Without Regard to Patient Visibility

by McGuireWoods LLP on

In Long Beach Memorial Medical Center, Inc., 366 NLRB No. 66 (April 20, 2018), the Board ruled that the hospital employer’s prohibition of non-approved pins and badges was unlawfully overbroad. As a general rule, employees...more

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