Health Care Counsel Blog

367 total results. Page 1 of 15.

On April 30, 2019, the US Department of Justice Criminal Division (DOJ) issued new guidance expanding upon the specific considerations that federal prosecutors should take into account when evaluating corporate compliance programs in connection with a government investigation.
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).
The US Supreme Court ruled in Lamps Plus, Inc., et. al. v. Varela, No 17-988 (April 24, 2019), that class-wide arbitration is not available to parties when the underlying arbitration agreement between them is ambiguous as to whether it was contemplated.
The US Department of Justice (DOJ) recently announced charges in a billion-dollar health care fraud scheme involving telemedicine and the provision of allegedly unnecessary durable medical equipment (DME) to Medicare beneficiaries. 
As of April 10, 2019, businesses victimized by data breaches must comply with heightened requirements under the newly-amended Massachusetts data breach notification law, Mass. Gen. Laws Ch. 93H, §§ 1, et seq. 
On March 28, 2019 CMS issued the Final Rule and Interim Final Rule with Comment Period: Medicaid Program; Covered Outpatient Drug; Finalization of Line Extension Definition; and Change to the Rebate Calculation for Line Extension Drugs.
As a matter of first impression, the US Court of Appeals for the Fourth Circuit recently held that the government’s decision to decline to intervene in a civil False Claims Act suit brought by a private relator does not preclude the government from bringing criminal fraud charges against the same de
In a groundbreaking decision, the Occupational Safety and Health Review Commission on March 4, 2019 ruled for the first time that the Occupational Safety and Health Act’s (OSH Act) general duty clause obligates employers to protect their workers from workplace violence.
After announcing in December that it would intervene in a qui tam action under the False Claims Act against Sutter Health and Palo Alto Medical Foundation (PAMF), the US Department of Justice filed its complaint-in-intervention in the Northern District of California on March 4, 2019.
Health care trades or businesses in which real estate is a necessary component in the delivery of health care goods and services should be aware of the business interest deduction limitation that was enacted at the end of 2017 and became effective for tax years beginning after December 31, 2017.
Health Care Partner Douglas Grimm and Associate Hillary Stemple authored an article for the March 2019 edition of Compliance Today titled “Telemedicine: A review of the fraud and abuse landscape.”