Health Care Counsel Blog

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The end of 2018 saw good news for hospitals affected by the lowered Medicare Part B reimbursement rates for certain outpatient drugs that went into effect January 1, 2018.
In the waning days of 2018, Judge Reed C. O'Connor of the Northern District of Texas sent shockwaves through the American health care industry by his decision in Texas v. United States.
In Los Angeles alone, the LA City Attorney's Office has in recent years initiated numerous lawsuits against hospitals and nursing facilities for homeless patient “dumping” – a practice generally described as discharging homeless persons without regard to their safety or ability to find shelter.
We are very pleased to announce that our Health Care attorneys will be hosting two Medical Staff Leaders and the Law Conferences in 2019.
We are pleased to announce that three Arent Fox professionals will be presenting during the 2019 Chief of Staff Boot Camp hosted by The Institute for Medical Leadership.
On November 30, HRSA announced that it is “notifying all stakeholders that the secure pricing component of the 340B Office of Pharmacy Affairs Information System (340B OPAIS) will be open for the submission of manufacturer pricing data in the first quarter of 2019.”
The Centers for Medicare & Medicaid Services (CMS) released an advance notice of proposed rulemaking (the ANPR) seeking comments on its proposal to dramatically change the way the agency pays for separately payable Part B drugs and biologicals.
California is burning as three major wildfires rage across both Northern and Southern California. The Woolsey and Hill Fires are devastating parts of Ventura and Los Angeles Counties, covering more than 138,000 acres and threatening more than 57,000 structures.
On October 26, 2018, the Health Resources and Services Administration (HRSA) updated its online National Practitioner Data Bank (NPDB) Guidebook for the first time since April 2015. The Guidebook provides information to eligible entities and professionals regarding reporting to the NPDB, querying th
The Department of Health and Human Services (HHS) has issued a proposed rule (PR) which would require any television advertisement for a drug or biological covered by Medicare or Medicaid to include a disclosure of the product’s “current list price” for a “typical” thirty day supply.
On Friday, October 19, 2018, the Maryland Attorney General (AG) filed a petition for writ of certiorari to the United States Supreme Court (SCOTUS) regarding Maryland’s drug price gouging law (the Law)– the first state law enacted to prohibit alleged drug price gouging by manufacturers.
October 18, 2018 2:00 PM
Health Care Associates Erin Atkins will present during a Lawline webinar titled “Recent Developments in Healthcare Compliance.”
President Trump is expected to sign into law a bill which will – among other things – expand the scope of the Open Payments reporting requirements mandated by Section 6002 of the Patient Protection and Affordable Care Act (often referred to as the Sunshine Act).
On September 28, 2018, the Pharmaceutical Research and Manufacturers of America (PhRMA) filed an amended complaint to revive its lawsuit seeking to block implementation and enforcement of California’s drug price transparency law.
A federal district court vacated in its entirety the Centers for Medicare and Medicaid Services’ (CMS) regulations regarding the reporting and returning of overpayments by Medicare Advantage plan insurers.  
On September 11, 2018, hospital advocacy groups and three individual hospitals filed a complaint in the United States District Court for the District of Columbia.
Health care plans are seeing an increase in the number of claims from their enrollees for reimbursement for mental health, behavioral, and substance abuse services obtained at “wilderness camps.”
On August 28, 2018, the United States District Court for the Eastern District of California (the Court) dismissed with leave to amend the Pharmaceutical Research and Manufacturers of America’s (PhRMA) lawsuit challenging the constitutionality of California’s new drug price transparency law.
The Department of Health and Human Services Office of the Inspector General published a request for information seeking public comments on what new or modified safe harbors to the Anti-Kickback Statute or exceptions to the beneficiary inducements prohibition.
The Centers for Medicare & Medicaid Services has released its “Proposed Changes to Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs” for calendar year 2019 (the Proposed Rule).
On July 24, 2018, the United States Court of Appeals for the Fourth Circuit denied the State of Maryland’s petition for an en banc rehearing of the Fourth Circuit’s April 13, 2018 decision in the matter of Association of Accessible Medicines v. Frosh.
In a decision that all hospitals should be aware of, on July 9, 2018, the Tenth Circuit reversed a lower court’s dismissal of a False Claims Act case against a physician and two hospitals based on allegations that the physician’s procedures were not medically necessary or reasonable.
The Revisions to Payment Policies under the Physician Fee Schedule and Other Revisions to Part B for CY 2019 Proposed Rule (the Proposed Rule) is scheduled to be published in the Federal Register on July 27, 2018.