Health Care Counsel Blog
802 total results. Page 22 of 33.
D. Jacques Smith, Randall A. Brater, Michael F. Dearington, Rebecca W. Foreman, Nadia Patel
Arent Fox is pleased to announce the launch of the Investigations Blog, a dedicated resource for legal updates and analysis on key enforcement news for companies and executives in highly regulated industries.
Stephanie Trunk
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.
Douglas A. Grimm
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.
Joint Relief On The Way: NLRB Issues Notice of Proposed Rulemaking Narrowing Joint Employer Standard
Michael L. Stevens
The National Labor Relations Board (NLRB or Board) published a Notice of Proposed Rulemaking in the Federal Register on September 14, 2018 regarding its controversial joint-employer standard.
Alison Lima Andersen
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.”
Stephanie Trunk
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.
James M. Westerlind
This two-part article on how the courts have analyzed claims for coverage under traditional crime policies, protocols, and procedures that companies can use to reduce the risk of falling victim to cyber phishing scams appeared in Pratt’s Privacy & Cybersecurity Law Report.
Stephanie Trunk
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.
Darrell S. Gay
On August 27th, New York State published a model training, model policy, and model complaint form on sexual harassment in the workplace that applies to all employers, regardless of size.
James M. Westerlind
We are pleased to provide you with the new, 2018 version of the Arent Fox Survey of Data Breach Notification Statutes.
Stephanie Trunk
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).
Stephanie Trunk
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.
Caroline Turner English
The Third Circuit recently affirmed the enforceability of “anti-assignment” provisions in ERISA health plan documents.
Dan H. Renberg, Philip S. English*
On July 24, 2018, the House of Representatives approved 283-132 a bill (H.R. 184, the Protect Medical Innovation Act of 2017) to repeal the excise tax on the sale of a medical device by the manufacturer, producer, or importer.
Thomas E. Jeffry, Jr., Douglas A. Grimm
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.
Stephanie Trunk
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.
Henry Morris, Jr.
Nurses, home health aides, personal care attendants, and other home healthcare providers have enabled countless clients to remain in their homes and avoid institutionalization.
Stephanie Trunk
On Friday, July 13, 2018, the California Office of Statewide Health Planning and Development (OSHPD) posted proposed regulations implementing California’s drug price transparency law.
As the most recent state to address the issue of what to do with unused medications, on July 10, 2018, New York Governor Andrew Cuomo signed the Drug Take Back Act (the Act).
David S. Greenberg
The ABA Young Lawyers Division Health Law Committee and ABA Health Law Section is hosting a networking reception followed by a roundtable discussion with senior government attorneys from CMS, DOJ, and OIG.
Stephanie Trunk
On June 28, 2018, the Pharmaceutical Research and Manufacturers of America (PhRMA) and Biotechnology Innovation Organization (BIO) dropped their lawsuit challenging the constitutionality of Nevada’s recent drug price transparency law.
Stephanie Trunk
In-house counsel for health industry organizations face unique challenges – but those challenges can be met.
Caroline Turner English, Alison Lima Andersen
The Fifth Circuit recently held that plaintiffs seeking benefits, under plans governed by the Employee Retirement Income Security Act of 1974 and non-ERISA plans, need not identify and include specific plan provisions in their complaints to survive motions to dismiss.
Douglas A. Grimm, Hillary M. Stemple, Kathryn L. Steffen
On June 20, 2018, the Centers for Medicare & Medicaid Services issued a Request for Information seeking input from the public on how to address the undue regulatory impact and burden imposed on health care providers under the Stark Law.
Douglas A. Grimm, Hillary M. Stemple
Geoffrey Starks testified on Wednesday, June 20, 2018 before the Senate Committee on Commerce, Science, and Transportation.