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Health
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June 28, 2024
Jury Convicts Seattle Doctor In NBA Health Fraud Case
A Manhattan federal jury on Friday found a Seattle doctor guilty of healthcare fraud and other charges related to a scheme to submit bogus claims for payment to an NBA healthcare plan, according to the U.S. Attorney's Office for the Southern District of New York.
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June 28, 2024
3 Biggest Benefits Policy Developments From 2024's 1st Half
The U.S. Department of Labor and other agencies finalized significant changes to regulations affecting employee benefits in the first half of 2024. Here are three policy moves that benefits attorneys should have on their radar.
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June 28, 2024
Judge Finalizes $4M Deal In Eye Doc Ransomware Dispute
A North Carolina federal judge has signed off on a $4 million deal to resolve two class actions over an electronic patient recordkeeping and billing company allegedly failing to give truthful, timely notice to ophthalmology practices and their patients about ransomware attacks that damaged its software for months.
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June 28, 2024
Mich. EMTs Did Not Prove Immunity Over False Death Declaration
A Michigan Court of Appeals panel says first responders who declared a 20-year-old woman with cerebral palsy dead only for a funeral home embalmer to discover she was still breathing after having been placed in a body bag have not yet proven they are immune from liability, restoring a dismissed lawsuit.
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June 28, 2024
5th Circ. Tosses Texas Health System's COVID-19 Suit
The largest nonprofit health system in Texas cannot get coverage for COVID-19-related business interruption losses it said totaled over $192 million, the Fifth Circuit affirmed, highlighting previous circuit precedent establishing that COVID-19 does not cause "physical loss or damage."
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June 28, 2024
Litigation Pro Joins Bradley Arant From Houston Boutique
Bradley Arant Boult Cummings LLP has strengthened its litigation practice in Texas with a partner who came aboard from Houston corporate law firm BoyarMiller.
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June 28, 2024
Iowa Supreme Court Approves 6-Week Abortion Ban
The Iowa Supreme Court narrowly ruled Friday that the state can enforce a law restricting abortion after about six weeks of pregnancy, finding the state has a "legitimate interest in protecting unborn life," according to the majority opinion.
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June 28, 2024
Supreme Court Strikes Down Chevron Deference
The U.S. Supreme Court on Friday overturned a decades-old precedent that instructed judges about when they could defer to federal agencies' interpretations of law in rulemaking, depriving courts of a commonly used analytic tool and leaving lots of questions about what comes next.
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June 27, 2024
Biden, Trump Spar On Abortion Access In The Wake Of Dobbs
The U.S. Supreme Court's Dobbs decision upending Americans' access to abortion care made an early appearance at Thursday night's presidential debate, with President Joe Biden lamenting the end of Roe v. Wade and former President Donald Trump taking credit for handing the issue of abortion rights "back to the states."
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June 27, 2024
OptumRx Agrees To Pay $20M To Resolve DOJ Opioid Claims
OptumRx Inc. has reached a $20 million deal with the U.S. Department of Justice to end allegations the company improperly filled opioid prescriptions in combination with other drugs, the Justice Department announced Thursday.
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June 27, 2024
State AGs Want Stay Lifted In Generic Drug Pricing Suit
The attorneys general of New York and Connecticut have asked a federal judge to lift a partial discovery stay in three state-led generic drug pricing lawsuits against the pharmaceutical industry, saying it is no longer necessary because sentencing is complete in a parallel U.S. Department of Justice proceeding.
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June 27, 2024
Judge Blasts Prisons Bureau, Sends Exec To Halfway House
An Illinois federal judge said Thursday he felt he needed to protect Outcome Health's co-founder from the Bureau of Prisons' "ridiculous" policy barring her from a low security camp just because she isn't a citizen, sentencing her to time served and three years' supervision in a Chicago halfway house instead.
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June 27, 2024
Insurers Call Rite Aid Ch. 11 Opioid Deal Unfair
Counsel for bankrupt drugstore chain Rite Aid told a New Jersey bankruptcy judge Thursday that it hopes to reach an agreement with at least some of its insurers on payments into an opioid settlement fund before closing arguments in its Chapter 11 plan confirmation Friday.
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June 27, 2024
Texas DAs Escape Defendant Class Cert. In Abortion Case
A Texas federal judge on Wednesday rejected a bid to force state prosecutors to become a certified class of defendants in a suit aimed to curb retaliation against advocates who help women get an abortion outside the state, saying there was no risk of varying adjudications.
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June 27, 2024
Ga. Judge Says NBC Falsely Reported Mass Hysterectomies
A Georgia federal judge has ruled several news programs under the NBCUniversal umbrella incorrectly portrayed a doctor as having performed unwanted mass hysterectomies on immigrant women held at a private detention center.
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June 27, 2024
ACLU Says Mich. Can't Ban Medicaid Coverage Of Abortions
The American Civil Liberties Union on Thursday lodged a suit challenging a Michigan law barring Medicaid coverage of abortions, claiming that the ban is a violation of the state constitution's newly enacted right to reproductive freedom.
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June 27, 2024
11th Circ. Upholds Radiology Practice's FMLA Suit Win
The Eleventh Circuit on Thursday backed a Florida radiology practice's defeat of a doctor's lawsuit alleging he was fired because he requested medical leave, ruling a lower court didn't err when it blocked him from presenting evidence he hadn't previously disclosed.
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June 27, 2024
Hospitals' Charity Care Does Not Equal Taking, NJ Panel Rules
A New Jersey appellate panel Thursday rejected a group of Garden State hospitals' challenge to a lower court's finding that a state requirement to treat patients regardless of the patient's ability to pay does not amount to constitutional taking, ruling that they failed to show evidence of physical taking of hospital property.
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June 27, 2024
6th Circ. Dismisses Doctors' ACA Trans Healthcare Appeal
The Sixth Circuit dismissed on Thursday an appeal from a group of doctors attempting to block the U.S. Department of Health and Human Services from enforcing prohibitions on gender-identity discrimination under the Affordable Care Act, finding subsequent agency action overruled the doctors' claims.
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June 27, 2024
Calif. Justices Say Patient's Choice A Factor In Product Cases
The California Supreme Court has sided with a woman alleging that a shock therapy device made by Somatics LLC caused her permanent injuries, saying she can establish that her injuries were caused by a lack of warning as long as she shows that a prudent patient would have declined treatment upon hearing a warning.
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June 27, 2024
Fla. Gov. Vetoes Bill Giving Immunity On Data Breach Claims
Florida Gov. Ron DeSantis on Wednesday vetoed a bill that would have provided immunity from data breach lawsuits for businesses that complied with certain cybersecurity standards, citing concerns that the legislation could result in Floridians' data being less secure.
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June 27, 2024
4th Circ. Won't Revive Navy Hospital Gangrene Suit
The Fourth Circuit declined to revive a North Carolina woman's lawsuit over a U.S. Navy hospital allegedly misdiagnosing her kidney failure and causing her to contract gangrene and require multiple amputations, standing by a lower court's ruling that her suit was filed too late under a state-level statute.
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June 27, 2024
High Court Allows Idaho Emergency Abortions, For Now
The U.S. Supreme Court on Thursday allowed abortions in Idaho to continue in emergency situations under a federal law requiring doctors at Medicare-funded hospitals to provide emergency care, including abortions.
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June 26, 2024
Ex-Outcome CEO Gets 7½ Years For Fraud Conviction
Former Outcome Health CEO Rishi Shah was sentenced to 7½ years in prison Wednesday for engaging in a massive fraud through which he grew the health advertising company by lying to investors, lenders and customers about its value and capabilities.
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June 26, 2024
Moms For America Sues Biden Admin Over Vax Liability Law
Conservative nonprofit Moms for America has sued the Biden administration over a law that shields companies from COVID-19 vaccine injury lawsuits, saying the law is unconstitutional because it circumvents judicial review and violates fundamental rights, including due process and trial by jury.
Expert Analysis
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Direct Claims Ruling May Alter Gov't Ties To Software Firms
A recent Federal Circuit decision allowing a software developer to pursue legal action under the Contract Disputes Act could change the government's relationship with commercial software providers by permitting direct claims, even in third-party purchase situations, say Dan Ramish and Zach Prince at Haynes Boone.
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AI In Accounting Raises OT Exemption Questions
A recent surge in the use of artificial intelligence in accounting work calls into question whether professionals in the industry can argue they are no longer overtime exempt under the Fair Labor Standards Act, highlighting how technology could test the limits of the law for a variety of professions, say Bradford Kelley at Littler and Stephen Malone at Peloton Interactive.
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What To Know About State-Level Health Data Privacy Laws
Companies that handle consumer health data, including those in the retail sector, should take a conservative approach when interpreting the scope of new health privacy laws in Washington, Nevada and Connecticut, which may include development of privacy notices, consent procedures, rights request response processes and processor contracts, say attorneys at Hunton.
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Opinion
Intoxicating Hemp Products: It's High Time For Clarity
Thanks to ambiguity in the 2018 Farm Bill, intoxicating hemp cannabinoid products are largely unregulated and are widely available without restrictions on who can buy the products, and although there are several possible solutions, voluntary industry action by good actors is the best option, say Andrew Kline and Tommy Tobin at Perkins Coie.
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HHS' Updated Tracking Tech Guidance Offers Little Clarity
The U.S. Department of Health and Human Services' Office for Civil Rights' updated guidance on the use of online tracking technologies appears more focused on legal issues raised in ongoing litigation with the American Hospital Association and less on practical guidance for covered entities, say attorneys at Sheppard Mullin.
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What Rescheduling Could Mean For Cannabis Bankruptcies
Bankruptcy courts have historically been closed for cannabis-related businesses, but recent case law coupled with a possible reclassification of cannabis provides cautious optimism, say attorneys at Duane Morris.
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Opinion
Pharmacies Need More Protection Against PBM Fee Practices
The Centers for Medicare & Medicaid Services' recent reform regarding direct and indirect remuneration fees will mitigate the detrimental effects that pharmacy benefit manager policies have on struggling pharmacies, but more is needed to prevent PBMs from exploiting loopholes, says Bhavesh Desai at Mazina Law.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Takeaways From The 2023 DOJ Fraud Section Report
Attorneys at Wiley discuss notable trends from the U.S. Department of Justice's recently reported Fraud Section activity last year and highlight areas of enforcement to watch for in the future, including healthcare fraud and Foreign Corrupt Practices Act violations.
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Hospitals Must Adapt To Growing Cybercrime Threats
As the tide of cybersecurity attacks targeting the healthcare industry continues to grow, hospitals and healthcare providers must take steps to protect themselves, including by replacing legacy records systems and ensuring that business associate agreements address responsibility for breaches, says Christine Chasse at Spencer Fane.
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Assessing FDA Pathways For Genome-Edited Plant Foods
The U.S. Food and Drug Administration's recent clarification of the regulatory pathways for foods produced from genome-edited plants seeks to strike a balance between public health and innovation, and may hold broader significance for developers of novel human foods subject to voluntary notification programs, say Emily Marden and Diane McEnroe at Sidley Austin.
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Opinion
Proposed MDL Management Rule Needs Refining
Proponents of the recently proposed Federal Rule of Civil Procedure 16.1 believe it may enhance efficiency in multidistrict litigation proceedings if adopted, but there are serious concerns that it could actually hinder plaintiffs' access to justice through the courts — and there are fundamental flaws that deserve our attention, says Ashleigh Raso at Nigh Goldenberg.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Opinion
NIST March-In Framework Is As Problematic As 2021 Proposal
While the National Institute of Standards and Technology's proposed march-in framework on when the government can seize patents has been regarded as a radical departure that will support lowering prescription drug costs, the language at the heart of it is identical to a failed 2021 notice of proposed rulemaking, says attorney Kelly Morron.