News & Analysis as of


DEA imposters targeting physicians and pharmacies

by Bricker & Eckler LLP on

Recent reports of scams targeting physicians and pharmacies serve as reminders to providers and health care organizations to be cautious when receiving unusual communications purportedly from the Drug Enforcement Agency...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

Administration Releases Blueprint to Lower Drug Prices, Reduce Out-of-Pocket Costs

by Holland & Knight LLP on

• "American Patients First: The Trump Administration Blueprint to Lower Drug Prices and Reduce Out-of-Pocket Costs" outlines actions that the Administration proposes to lower prescription drug prices. • The plan includes...more

Mental Capacity Standards in California Civil Litigation

by Downey Brand LLP on

What mental capacity standards apply in California civil litigation? Last month we presented on this subject at the Placer County Bar Association’s annual spring conference in Roseville. I’ll offer highlights here. Short...more

Warner Chilcott HIPAA Lesson Revisited – Mass. Physician Convicted of Criminal Violation

Back in late 2015, we blogged about the interesting twist in the $125 million Warner Chilcott settlement that a Massachusetts physician had been criminally charged with violating the Health Insurance Portability and...more

CMS Seeks Input on Direct Provider Contracting

The Centers for Medicare & Medicaid Services (CMS) announced that it is seeking input on direct provider contracting (DPC) between “payers and primary care or multi-specialty groups to inform potential testing of a DPC model”...more

Required Reporting of Privileged Information

by Snell & Wilmer on

Arizona physicians must report to the Medical Board “any information that appears to show that a doctor of medicine is or may be medically incompetent, is or may be guilty of unprofessional conduct or is or may be mentally or...more

CMS Releases Innovation Center New Direction RFI Feedback and Issues New RFI for Direct Provider Contracting

Last fall, the Centers for Medicare & Medicaid Services (CMS) announced a new direction for its Center for Medicare & Medicaid Innovation, CMS’s platform for testing innovative models for delivering high-quality care at lower...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

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

The New Capitation – What Goes Around, Comes Around!

by Tucker Arensberg, P.C. on

On April 23, 2018, CMS issued a request for information on direct provider contracting models. In that request, (attached hereto as a PDF), CMS stated as follows...more

Will CMS Drive Further Changes to 340B?

There are now multiple proposals in the House and Senate for substantive changes to the 340B Drug Discount Program. The odds of a legislative “fix” to 340B are increasing. But independent of congressional action, is CMS...more

DOJ Announces Criminal Conviction of Physician for HIPAA Violation

On April 30, 2018 a Massachusetts physician was convicted of a criminal violation of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as well as one count of obstruction of a criminal health care...more

Health Care Organizations and Immigration: Employer Considerations

by Faegre Baker Daniels on

Health care organizations of all types, including hospitals, health systems, insurers, pharmaceutical companies and research universities, seek to employ the best and the brightest to deliver quality care and pursue the...more

Office Inspector General Launches New Compliance Resource Portal

by Ruder Ware on

At a recent Health Care Compliance Association (HCCA) compliance institute, the Office of Inspector General announced it had launched a new resource portal focused on compliance issues. A trip to the OIG's web site, and sure...more

This Week in Health Care Policy

by Foley & Lardner LLP on

Foley & Lardner LLP’s (“Foley”) Bipartisan Public Policy Team is pleased to introduce “This Week in Health Care Policy,” a new weekly publication providing a compilation of the latest health care policy news and legislation....more

How The Fanapt Product Label Established Infringement Of Personalized Treatment Claims

by Foley & Lardner LLP on

Our first article on Vanda Pharmaceuticals, Inc. v. Aventisub, LLC focused on the Federal Circuit’s decision upholding the subject matter eligibility of the personalized method of treatment claims under 35 USC § 101. Here, we...more

Unintended Consequences? Amendment To Colorado’s Non-Compete Statute For Physicians

by Husch Blackwell LLP on

On April 2, 2018, Colorado Governor John Hickenlooper signed Senate Bill 18-082 into law. Senate Bill 18-082 amends Colorado’s non-compete statute, C.R.S. § 8-2-113, and curtails the ability of a former employer to enforce a...more

Making a “Tele-Difference” by Using Telemedicine to Aid Medically Vulnerable Populations

by Foley & Lardner LLP on

More than 74 million individuals are enrolled in Medicaid and the Children’s Health Insurance Program (CHIP). Another 28 million are currently uninsured. Due to the repeal of the individual mandate (the requirement under the...more

Recap: Telemedicine and Legal Issues You Should Know

Telemedicine is a rapidly growing industry that uses telecommunications to gather, store, and communicate clinical information. It is a subcategory of telehealth, which is the broader term encompassing all uses of...more

Understanding sunshine rules: how new transparency regulations in Europe are changing relationships between industry and health...

by Hogan Lovells on

The 2010 Physician Payments Sunshine Act created a new standard of transparency for financial relationships between pharmaceutical companies and health care professionals in the U.S. Now, countries across Europe are following...more

7 Things to Know About Physician Practice Recapitalization Transactions

by Foley & Lardner LLP on

A tremendous amount of capital has been, and continues to be, dedicated by private equity sponsors, and private equity backed companies, toward the recapitalization of physician practices...more

FY 2019 IPPS proposed rule contains GME-related provisions

by Dentons on

On April 24, 2018, the Centers for Medicare & Medicaid Services (CMS) released the agency's fiscal year 2019 inpatient prospective payment system (IPPS) proposed rule. Although the rule contains many proposals relating to...more

PA Green Lights Dry Leaf Cannabis and Other Updates to Medical Marijuana Laws

by White and Williams LLP on

Pennsylvania Secretary of Health Dr. Rachel Levine approved a recommendation from the state medical marijuana advisory board to allow the sale of whole-plant cannabis (dry leaf and flower) for medical purposes in Pennsylvania...more

Health Update - April 2018

Connecting Justice-Involved Populations to Health Coverage and Care - Editor’s Note: The importance of connecting justice-involved populations to health coverage and care is evident from the high levels of physical and...more

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