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Health Care Counsel Blog

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Natarajan addressed an important question: When may physicians who are the subject of a peer review hearing challenge the hearing officer in their cases on the ground that the hearing officer is biased?
The California Court of Appeal gave licensees of health care facilities good news by expanding the scope of the “reasonable licensee” defense when the California Department of Public Health (CDPH) issues a citation and imposes penalties.
In what is widely considered to signal intensified focus by the Federal government on Medicaid supplemental payments and related State Medicaid financing mechanisms, the CMS on November 18, 2019 proposed the Medicaid Financing and Accountability Regulation.
CMS issued an Interim Final Rule with comment period that further delays the inclusion of the US territories in the definitions of “States” and “United States” for purposes of the Medicaid Drug Rebate Program from April 1, 2020 until April 1, 2022.
In a decision very favorable to California hospitals and medical staffs, the Court of Appeal rejected a physician’s argument that he was denied due process during his peer review hearing because of hearing officer alleged bias.
The Federal Trade Commission issued a decision last week illustrating that even sophisticated executives need reminding that emails and texts will be “Exhibit A” of an antitrust violation.
Late Friday, September 27, 2019, President Trump signed the Fair and Accurate Medicaid Pricing Act into law as part of the Continuing Appropriations Act.
FDA issued a Compliance Policy delaying enforcement of the DSCSA’s saleable returns verification requirement by one year. So now, instead of wholesale distributors having to comply by November 27, 2019, FDA will exercise enforcement discretion until November 27, 2020.
In the latest fallout from a wide-ranging scandal, former USC gynecologist George Tyndall, who faces criminal charges for allegedly sexually abusing hundreds of students, has surrendered his medical license to the Medical Board of California.
We are pleased to provide you with the updated, 2019 version of the Arent Fox Survey of Data Breach Notification Statutes. The Arent Fox 2019 Survey serves as a reminder to the health care industry that HIPAA is only one of many data breach notification requirements. Make sure your breach response p
Medical Staff Leaders and the Law Conference 2020
Please join Arent Fox in Costa Mesa for our ninth annual Medical Staff Leaders and the Law Conference. This full day conference is designed to equip your medical staff team with the most current skills, tools, and information to navigate challenging issues and provide effective leadership.
Medical Staff Leaders Conference 2020 SF
Please join Arent Fox in San Francisco for our annual Medical Staff Leaders and the Law Conference. This full day conference is designed to equip your medical staff team with the most current skills, tools, and information to navigate challenging issues and provide effective leadership.
In a Notice of Intent FDA reminded pharmaceutical manufacturers that if their drugs were not appropriately updated, certified or associated with a registered establishment, they will be marked “inactive” by FDA and the date of inactivation added to the listing record.
On July 29, 2019, the Centers for Medicare & Medicaid Services issued the proposed CY 2020 Medicare Hospital Outpatient Prospective System and Ambulatory Surgical Center Payment System (Proposed Rule).
The Centers for Medicare and Medicaid Services (CMS) recently released the CY 2020 Proposed Physician Fee Schedule.
On July 29, 2019, the Centers for Medicare & Medicaid Services (CMS) released its annual proposed update to the hospital outpatient prospective payment system (Proposed Rule).
Arent Fox LLP is pleased to announce the expansion of its nationally recognized Health Care practice with the addition of Partner Anne Murphy.
On July 22, 2019, the Supreme Court of California decided Wilson v. CNN, thereby answering an important, open question of law: Does Anti-SLAPP protection apply to retaliation and discrimination cases? The answer is yes.
On July 9, 2019, the US Department of Health and Human Services, Office of Inspector General (OIG) released two reports addressing hospice deficiencies and the risks, potential harm, and actual harm those deficiencies posed to hospice beneficiarie. 
Looking up at the rotunda in the US Capitol building
The Senate Health, Education, Labor, and Pensions Committee recently voted to advance bipartisan legislation, called the Lower Health Care Costs Act (the Act), aimed at, among other things, curbing surprise medical bills. 
The US District Court for the District of Columbia invalidated a final rule pursuant to which pharmaceutical manufacturers would have to disclose the list price of certain drugs on direct-to-consumer ads.
On June 18, 2019, the Federal Trade Commission (FTC) hosted a workshop to discuss and analyze the effects of Certificates of Public Advantage (COPAs) and Certificates of Need (CONs) on price and access to health care services, health care innovation, and quality of services.
Long-awaited revisions to the regulations implementing the Stark Law, Anti-Kickback Statute, and Civil Monetary Penalties (CMP) Laws are on their way.
The Determination of Need (DoN) Program of the Massachusetts Department of Public Health (Department) recently signaled its intention to end a decades-long moratorium on new nursing home beds in the Commonwealth with the release of proposed DoN guidelines for approval of new long-term care beds.
The Medicaid Services Investment and Accountability Act of 2019 (the Act) became law on April 18, 2019. Of most relevance to pharmaceutical manufacturers are the provisions amending the Medicaid statute concerning the Medicaid Drug Rebate Program (MDRP).