Health care and life sciences is inarguably one of the largest, most heavily regulated, and fastest-growing industries in the U.S. economy. It is also utterly unique. Health care and life sciences companies do not function simply to maximize returns, and the standard economic forces of supply and demand do not apply. Ultimately, every player in this market—whether a hospital, biotechnology company, nursing home, or medical equipment manufacturer—is responsible for helping people lead longer and healthier lives.
To be effective, advocates for the health care and life sciences industry must integrate an awareness of and commitment to this underlying responsibility into every element of their work. The members of Cozen O’Connor’s health care and life sciences industry team understand this social mission as well as its legal, political, macroeconomic, and business consequences for our clients. Attorneys at the firm have been providing excellent counsel to health care and life science companies for decades.
Our client base includes a diverse array of companies. In the health care sector, we serve leading pharmaceutical companies, hospitals, health care systems, medical equipment manufacturers and suppliers, assisted living facilities, academic institutions, insurers, and physician groups. In the life sciences sector, we serve drug developers, biotechnology companies, medical device manufacturers, and cutting-edge startups.
For health care and life sciences clients, it is essential that their attorneys have deep industry expertise. Good commercial litigators or corporate lawyers can serve a chain of shoe stores just as capably as a chain of pizza parlors, but that does not mean they can serve a chain of hospitals. The health and life sciences field is so heavily regulated that all legal work in this arena must be grounded in a specific and sophisticated understanding of health laws. At Cozen O’Connor, we have litigators, transactional lawyers, and corporate counselors who are both leaders in their legal disciplines and masters of this complex and ever-changing statutory regime.
SERVICE AREAS
Litigation
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Handle third-party payor litigation and reimbursement proceedings
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Represent clients in fraud, abuse, Stark Law, and False Claims Act cases
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Conduct internal investigations and respond to enforcement acts by federal and state agencies
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Represent health care and life sciences companies in intellectual property, employment, antitrust, and other commercial litigation
Transactional
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Arrange mergers, acquisitions, consolidations, divestitures, workouts, and restructurings
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Negotiate joint ventures, alliances, and co-management arrangements
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Resolve antitrust, tax, and bankruptcy issues for health care and life sciences organizations
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Arrange financings through public offerings, bonds, loans, and other investment vehicles
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Conduct major real estate deals for industry clients
Regulatory
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Advise on privacy, confidentiality, HIPAA compliance, and safety laws
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Handle Medicare, Medicaid, and other third-party reimbursement matters
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Develop and assess regulatory compliance programs for health care and life science clients
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Counsel clients on employee benefits, credentialing, and executive compensation strategies
RELATED PRACTICES
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Health Law
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Labor & Employment
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Employee Benefits & Executive Compensation
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Antitrust
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Real Estate
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Public & Project Finance
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Intellectual Property
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Products Liability
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Cozen O’Connor Public Strategies, LLC
May 09, 2013
Cozen O’Connor believes the updated rate represents a fair starting point and that the Proposed Rule offers stakeholders an important opportunity to provide comments that CMS specifically suggests could help shape final policy. MORE
May 07, 2013
The Internal Revenue Service issued proposed regulations addressing the requirement under Section 501(r)(3) of the Internal Revenue Code that tax-exempt hospitals conduct community health needs assessments. The proposed regulations also provide details on related reporting obligations and the consequences of noncompliance with CHNA. MORE
May 03, 2013
Judy Mayer, an associate in the firm's Health Law Practice Group in Philadelphia published an article titled, MORE
May 02, 2013
On April 26, Tom Harkin (D-IA), Chairman of the Senate Health, Education, Labor, and Pensions (HELP) Committee, unveiled bipartisan draft legislation (Draft Legislation) to clarify federal oversight of pharmaceutical compounding. MORE
May 01, 2013
On April 26, CMS issued a crucial payment system rule that proposes updated rates and regulatory policies for inpatient and for long term care hospitals. The Proposed Rule incorporates update factors for FY 2014 rates effective October 1, 2013 and sets forth new proposed policies and policy revisions. MORE
April 30, 2013
A variety of patent issues arise from the act’s Biologics Price Competition and Innovation Act. MORE
April 23, 2013
Two of Mercy Health System’s hospitals (Nazareth Hospital and the former St. Agnes Medical Center) successfully challenged, before Judge Ludwig of the U.S. District Court for the Eastern District of Pennsylvania, the Secretary of Health and Human Services’ exclusion of days of care provided to Pennsylvania’s General Assistance (GA) patients in fiscal year 2002 from the formula used to determine the hospitals’ Medicare disproportionate share hospital (DSH) payments (Nazareth Hosp. v. Sebelius, E.D. Pa. No. 2:10-cv-03513-EL, April 8, 2013). The exclusion resulted in lower Medicare DSH payments. MORE
March 07, 2013
On January 25, 2013, the Office of Civil Rights (OCR) of the Department of Health & Human Services (HHS) published the long-awaited omnibus final regulation governing health data privacy, security and enforcement (Omnibus Rule). The Omnibus Rule is a group of regulations that finalizes four sets of proposed or interim final rules, including changes to the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security Rules mandated by the Health Information Technology for Economic and Clinical Health (HITECH) Act and proposed in 2010; changes to the interim final breach notification rule; modifications to the interim final enforcement rule; and implementation of changes to the Genetic Information Nondiscrimination Act of 2008 (GINA). The Omnibus Rule goes into effect on March 26, 2013, and compliance is required by September 23, 2013. As expected, the Omnibus Rule did not finalize the May 31, 2011 proposed regulation regarding accounting for disclosures. MORE
February 12, 2013
Section 2708 of the Affordable Care Act (ACA) provides that group health insurers and group health plans may not impose a waiting period on participants if the waiting period is more than 90 days. The Internal Revenue Service, the Department of Labor, and the Department of Health and Human Services have issued temporary guidance to assist both grandfathered and non-grandfathered plans in complying with this standard. Because the guidance issued by the three agencies is substantially identical, this article references only the IRS guidance, published as IRS Notice 2012-59. MORE
January 28, 2013
Under the Affordable Care Act, a number of significant tax increases go into effect in 2013 and other tax provisions will be implemented during the next several years. MORE
January 25, 2013
The countdown to the 2014 implementation of the Affordable Care Act (ACA) has begun. Each week, administrative decisions, guidance, rules and regulations are coming from the federal and state governments to make ACA a functioning health care system for the 21st century. MORE
January 22, 2013
A pre-publication version of the much anticipated final Omnibus Health Insurance Portability and Accountability Act (HIPAA) rule (the Final Rule) was issued January 17, 2013 with publication in the Federal Register scheduled for January 25, 2013. While the Final Rule becomes effective March 26, 2013, covered entities and business associates have until September 23, 2013, to comply and, in the case of existing business associate agreements, covered entities have until September 2014 to make changes. The full breadth of the nearly 600-page rule will take some time to fully analyze. MORE
January 17, 2013
On January 10, 2013, President Obama signed into law H.R. 1845, which includes the Strengthening Medicare and Repaying Taxpayers Act of 2011 (SMART Act). The SMART Act amends several portions of the Medicare Secondary Payer (MSP) Act that apply to non-group health plans, including liability insurance (including self-insurance), no-fault insurance and workers' compensation plans (together, NGHPs). Although the SMART Act makes significant substantive and procedural amendments to the MSP Act, many practical issues will continue to bedevil parties trying to settle a personal injury claim. MORE
November 16, 2012
A few weeks ago we posted on this Blog an article highlighting the “gathering storm” surrounding HIPAA enforcement and predicted an ominous future for hospitals and other providers who fail to develop and maintain adequate HIPAA compliance policies. While there is no doubt the future is bleak for those unwilling to abide by HIPAA’s mandate, the forecast for providers who commit healthcare fraud is equally devastating. MORE
November 16, 2012
Since the Health Insurance Portability and Accountability Act (HIPAA) privacy rules became effective in April 2003, there has been minimal enforcement activity by the U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR). However, this has changed dramatically over the last two years, as evidenced by some recent high-profile and high penalty enforcement actions taken by OCR. In addition to being concerned about OCR investigations, covered entities and business associates must also be on the alert for enforcement actions by state attorney generals, potential class action lawsuits, and OCR’s HIPAA audit program. MORE
October 24, 2012
Seventh Circuit Rules that Medical Necessity Trumps State-Imposed Cap on "Optional" Medicaid Coverage - Health Law Alert - In a class action lawsuit, the U.S. Court of Appeals for the 7th Circuit recently affirmed a lower court decision granting a preliminary injunction that prevented the state of Indiana from enforcing a $1,000 annual cap on Medicaid coverage for medically necessary dental services, and concluded the cap most likely violated rights granted to Medicaid beneficiaries under federal law. Bontrager v. Indiana Family and Social Services Administration, 2012 U.S. App. LEXIS 20157 (September 26, 2012). MORE
August 15, 2012
President Obama recently signed a bipartisan bill that authorizes Food and Drug Administration (“FDA” or “Agency”) user fees for five more years and establishes new user fees for the FDA’s review of generic drugs and biosimilar products. MORE
July 11, 2012
Third Circuit Rules that Medicare Advantage Plans have a Private Right of Action Under the Medicare Secondary Payer Act - Health Law Alert - On June 28, 2012, the U. S. Court of Appeals for the 3rd Circuit held that the Medicare Secondary Payer Act (the MSP Act) provides Medicare Advantage (MA) plans the same right as the federal government to bring recovery actions against primary payers (i.e., liability insurers, no-fault insurers, self-insured entities). MORE
June 28, 2012
Supreme Court Rules on Affordable Health Care Act: Upholds Individual Mandate and Limits Scope of Medicaid Expansion - Health Law Alert - In a heavily anticipated landmark ruling, the Supreme Court has upheld the constitutionality of the so-called “individual mandate” of the Affordable Care Act – i.e., the requirement that those not insured privately, through their employer or through a governmental program, must either purchase minimum essential health insurance coverage or pay a “penalty” for failing to do so. MORE
June 26, 2012
Federal Court Sends Mixed Message on Hospital's Right to Payment for Out-of-Network Services - Health Law Alert - Hospitals seeking reimbursement from a Medicaid managed care organization (MCO) for non-contracted services, and without the benefit of a single case agreement, need a legal basis to compel payment by the MCO. MORE
June 22, 2012
The Centers for Medicare and Medicaid Services (CMS) has outlined its plan to temporarily raise Medicaid rates to Medicare levels for primary care services, and pay states to cover the difference. On May 11, 2012, CMS issued a proposed rule requiring Medicaid payment for primary care services furnished by eligible physicians at rates “not less than the Medicare rates” for fiscal years 2013 and 2014. MORE
June 22, 2012
CMS Issues Proposed Guidelines for Protecting Medicare's Interests When a Settlement Involves Future Medical Care - Health Law Alert - Until now, guidance as to how parties should address future medical care in liability settlements has been virtually non-existent. MORE
March 23, 2012
WARNING: HHS Now Combating HIPAA Violations with HITECH Weaponry - Health Law Alert! - On March 13, 2012-almost 30 months after becoming one of the first entities to self-report a breach under the Health Information Technology for Economic and Clinical Health (HITECH) Act - BlueCross BlueShield of Tennessee (BCBST) agreed to pay the Department of Health and Human Services (HHS) a record setting $1.5 million civil monetary penalty (CMP) for failing to safeguard protected health information (PHI). MORE
February 21, 2012
CMS Issues Proposed Rule on Reporting and Returning Medicare Overpayments - Health Law Alert! - On February 16, 2012, the Centers for Medicare & Medicaid Services (CMS) issued a widely anticipated proposed rule (the proposed rule) implementing the statutory requirement of Section 6402(a) of the Affordable Care Act (the ACA) that providers and
suppliers report and return overpayments from Medicare and Medicaid. MORE
March 23, 2011
On First Anniversary, a Look at Challenges to Health Care - The Legal Intelligencer - On its one-year anniversary, the sweeping health care reform law — referred to as the "Affordable Care Act" (ACA) if you like it, and "Obamacare" if you don't — is embroiled in litigation. Its fate, like that of the 2000 presidential election, is likely to be determined by the Supreme Court. MORE
January 18, 2011
Adverse Incident Reports: How Many Is Too Many? - Life Sciences Alert - On January 10, 2011, the U.S. Supreme Court heard argument in the matter Siracusano v. Matrixx Initiatives, Inc., 585 F.3d 1167 (9th Cir. 2009), and suggested that some major changes may be in store for pharmaceutical companies which could forever alter how they handle adverse reports. MORE
November 17, 2010
CMS Voluntary Self-Referral Disclosure Protocol: The Good, The Bad, and The Ugly - Health Law Alert! - On September 23, the Centers for Medicare & Medicaid Services (CMS) released the much anticipated Medicare self-referral disclosure protocol (SRDP). CMS was required to establish the SRDP by Section 6409 of the Affordable Care Act (ACA), which obligated the Secretary of Health and Human Services to inform providers and suppliers how to self-disclose actual or potential violations of the Stark law. MORE
November 16, 2010
CMS Delays Section 111 Reporting for Liability Insurers - Health Law Alert! - the Centers for Medicare & Medicaid Services (CMS) announced a one-year delay in the implementation of certain reporting obligations under Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 for claims involving liability insurers (including self-insured entities). Claims involving workers’ compensation and no-fault insurance, however, must be reported as scheduled in the first calendar quarter of 2011. The net result is a two-tiered implementation timeline. MORE
November 01, 2010
The Difficulty in Certifying a Class Action Against Drug Companies - Life Sciences Alert! - Three cases decided over the past few months demonstrate the difficulty with certifying class actions by third-party payors (TPPs) against drug companies. MORE
October 22, 2010
Investigational Devices and the Defenses that Protect Them - Cozen O'Connor Paper - MORE
September 09, 2010
Cozen O'Connor Webinar - Smoothing the Wrinkles of Off-Label Promotion: Allergan's Preemptive Strike Against the FDA - MORE
August 03, 2010
Proposed New Rules Implementing HITECH Amendments to HIPAA Make Significant Changes - Health Law Alert! - On July 14, 2010, the Department of Health and Human Services (“HHS”) issued a Notice of Proposed Rulemaking (the “Proposed Regulations”) to modify certain regulations that implement the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Specifically, the Proposed Regulations implement statutory amendments to HIPAA’s Privacy, Security, and Enforcement Rules made by the Health Information Technology for Economic and Clinical Health Act (“HITECH”), MORE
May 12, 2010
Stark Realities of Health Care Reform - Health Law Alert! - Our Health Law Alert of April 26, 2010 summarized recent amendments to the Anti-Kickback Statute (“AKS”) concerning “reverse” federal false claims act (“FCA”) and the implications of the requirement of Section 6402 of the Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111-148 (the “PPACA”) to report and refund “overpayments” by Medicare and Medicaid within sixty (60) days of “identification.” An “overpayment” is defined to MORE
May 10, 2010
Health Care Reform Imposes New Compliance Requirements on Tax-Exempt Hospitals - Health Law Alert! - The Patient Protection and Affordable Care Act, signed into law on March 23, 2010, P.L. 111-148 (the "Act"), contains specific requirements for hospitals that wish to receive or maintain their tax-exempt status under section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"). In particular, Section 9007 of the Act adds new sectiion 501(r) to the Code, which supplements the community benefit standard generally applicable to tax-exempt hospitals. MORE
April 26, 2010
Providers Beware: Health Care Reforms Make Failing to Promptly Refund Overpayments—Including Those Attributable to Identified Stark Violations—Potential False Claims Act Violations - Health Law Alert! - By linking the retention of program overpayments and potential liability under the False Claims Act (FCA), the Patient Protection and Affordable Care Act of 2010 (PPACA) has dramatically expanded the scope of exposure for health care providers under the FCA. Potential overpayments to providers—including but not limited to such things as garden variety duplicate payments to discoveries of Medicare payments for designated health services (DHS) provided on referrals from MORE
April 19, 2010
Medicare Secondary Payer Update - CMS Delays Reporting Deadlines - Health Law Alert! - In December 2007, Congress amended the Medicare Secondary Payer law (MSP) through Section 111 of the Medicare, Medicaid and SCHIP Extension Act (MMSEA). The amendment imposes mandatory reporting obligations on Responsible Reporting Entities (RREs), including liability, self-insured, no-fault and workers’ compensation insurers (collectively referred to as “non-Group Health Plans” or “Non-GHPs”) regarding settlements with Medicare beneficiaries. MORE
March 23, 2010
Highmark, Inc. Challenges PA. Insurance Department Investigation - Health Law Alert! - Highmark, Inc. has filed a lawsuit in the Commonwealth Court of Pennsylvania challenging the legality of an ongoing Pennsylvania Insurance Department investigation involving potential anticompetitive conduct and/or unfair trade practices by Pennsylvania’s Blue Cross and Blue Shield companies. MORE
March 02, 2010
HHS Expands National Practitioner Data Bank Reporting and Access - Health Law Alert! - Effective March 1, 2010, the information collected and available through the National Practitioner Data Bank (NPDB) will expand dramatically to include data obtained pursuant to Section 1921 of the Social Security Act. See 75 Fed. Reg. 4656 (January 28, 2010) (final rule promulgated by the U.S. Department of Health and Human Services (HHS)). Section 1921 requires states to report adverse licensure actions
against health care practitioners and health care MORE
February 09, 2010
Under New Rules, Plans Offering Mental Health and Substance Use Disorder Benefits Must Ensure Parity in Member Costs and Access to Care - Health Law Alert! - On February 2, 2010, the Centers for Medicare &
Medicaid Services, the Internal Revenue Service,
and the Department of Labor’s Employee Benefits
Security Administration published long-awaited regulations implementing the Mental Health Parity and Addiction Equity Act of 2008 (the “MHPAEA”).1 The MHPAEA followed the Mental Health Parity Act of 1996, which had previously mandated parity in aggregate lifetime and annual dollar limits between mental health benefits and medical/surgical benefits. MORE
January 18, 2010
A New Era in HIPAA Enforcement: Connecticut Attorney General Files First HITECH Act Suit - Health Law Alert! - Connecticut Attorney General Richard Blumenthal has filed a lawsuit against Health Net of Connecticut, Inc. for violations of the Health Insurance Portability and Accountability Act (“HIPAA”) following Health Net’s loss of protected health information (“PHI”) and other personally identifiable information.
MORE
August 27, 2009
HIPAA Breach Notification Rule Contains Some Good News - Health Law Alert! - On August 19, 2009, the U.S. Department of Health
and Human Services (“HHS”) released an interim
final rule implementing the breach notification
provisions of the Health Information Technology for Economic and Clinical Health (“HITECH”) Act, which was passed as part of the American Recovery and Reinvestment Act of 2009. While the new regulation takes effect September 23, 2009, HHS will not impose sanctions for failure to provide notifications for breaches discovered before February 22, 2010. MORE
August 07, 2009
FTC Again Delays Enforcement of Red Flags Rule - Health Law Alert! - On July 29, 2009, just three days before the effective date of the "Red Flags Rule" (the "Rule"), the Federal Trade Commission ("FTC") announced that it would again delay enforcement of Rule from August 1, 2009 until November 1, 2009. The FTC delayed enforcement to allow it to further educate small business and health care providers about the Rule and what they need to do to comply with its requirements MORE
July 09, 2009
New Jersey Enforces Limits on Overpayment Recoveries - Health Law Alert! - The New Jersey Commissioner of Banking and Insurance
issues Enforcement Notice requiring Insurer to cease and
desist from attempting to recoup overpayments based on
improper extrapolations and to reimburse providers for
amounts improperly obtained. MORE
July 07, 2009
Recent Pennsylvania Decision Requires Disclosure of Medicaid Managed Care Rates - Health Law Alert! - Commonwealth Court holds that provider agreements with
Medicaid managed care plans, including the negotiated
payment rates contained in those agreements, are subject to
disclosure under the Pennsylvania Right to Know Law. MORE
May 08, 2009
Red Flags Rule Enforcement Delayed...Again - Health Law Alert! - On April 30, 2009, the eve of the effective date of the “Red Flags Rule,” the Federal Trade Commission (FTC) announced that it would again delay enforcement of the Rule until August 1, 2009 in order to allow organizations more time to develop and implement written identity theft
prevention programs. The FTC also announced plans to release a template to help entities that have a low risk of identity theft, such as businesses that know their customers personally, comply with the law MORE
April 28, 2009
New Medicare Secondary Payer Requirement: Mandatory Reporting for Liability, No-Fault and Workers Compensation Insurers - Health Law Alert! - The Medicare Secondary Payer law (“MSP”) is again “in the news” for liability (including self-insured), no-fault, and workers compensation insurers. In December 2007, Congress amended the MSP law through Section 111 of the Medicare, Medicaid, and SCHIP Extension Act to impose mandatory reporting requirements on liability, no-fault, and workers’ compensation insurers (collectively referred to as “non-Group
Health Plans” or “Non-GHPs”) MORE
March 20, 2009
The American Recovery and Reinvestment Act of 2009: New Markets Tax Credits Increased by $3 Billion - Health Law Alert! - The American Recovery and Reinvestment Act of 2009
increased the tax credits available under the New
Market Tax Credit program (the “Program”) by $3
billion. The Program provides tax credits to investors or lenders who provide funding to businesses that are primarily located in, derive their income from, and perform services within a low-income community.1 The tax credits allow an
investor or lender to get a 39% tax credit over the first 7 years of the investment, MORE
March 03, 2009
The American Recovery and Reinvestment Act of 2009: Sweeping Changes to HIPAA Put Business Associates in the Spotlight - Health Law Alert! - On February 17, 2009, President Obama signed into law the Health Information Technology for Economic and Clinical Health Act (“HITECH” or the “Act”), as part of the American Recovery and Reinvestment Act of 2009. The Act made
sweeping changes to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the Privacy and Security Rules promulgated under HIPAA. This Alert focuses
primarily on Subtitle D of HITECH, which includes important MORE
February 27, 2009
New Codey Legislation to Provide Certainty After a Year of Limbo - Health Law Alert! - On February 5, 2009, the New Jersey legislature
adopted Assembly Bill No. A1933 (the “Bill”), which
amends the New Jersey Health Care Practitioner
Self-Referral Law (commonly referred to as the “Codey Law”).
The Senate adopted an identical bill (S. 787) on December 15,
2008. The Bill currently awaits Governor Corzine’s signature. MORE
November 01, 2008
Protecting Hospital Managed Care Rates as Trade Secrets - Health Lawyers News - As hospital margins tighten and percentages of total revenues from managed care plans grow, hospitals are under increasing pressure to
negotiate the best possible rates with these plans. Hospitals that can maintain the confi dentiality of their already agreed-upon managed care rates can better maximize their leverage in these high-stakes negotiations with other payors. To this end, the hospital services agreement itself often includes a confi MORE
October 27, 2008
FTC Delays Enforcement of Red Flags Rule - Health Law Alert! - MORE
October 01, 2008
HHS' First Resolution Agreement for Alleged HIPAA Violations and What it Means for You - Health Law Alert! - The Department of Health and Human Services
(“HHS”) has entered into its first resolution
agreement with a covered entity to settle alleged
violations of the Health Insurance Portability and Accountability Act’s (“HIPAA”) privacy and security rules.1 According to HHS, the resolution agreement with Providence Health & Services (“Providence”), a Seattle-based not-for-profit health system, addresses a series MORE
June 23, 2008
Supreme Court Weighs in on Scope of False Claims Act - Health Law Alert! - A recent, unanimous decision of the U.S. Supreme Court appears significantly to reduce the
potential liability under the False Claims Act for claims health care providers file with private Medicare and Medicaid managed care organizations, as opposed to with the Medicare and Medicaid fee-for-service programs. Allison Engine Co. v. United States ex rel. Sanders, 553 U.S.___ (No. 07-214, June 9, 2008). MORE
February 04, 2008
Update: Pennsylvania Hospitals to Pay For Medical Mistakes – Quality of Care At The Forefront - Health Law Alert! - Prevention of medical mistakes is a cause celebre, and states are beginning to jump
on the so-called “never event” bandwagon. Taking a highly proactive stance,
Governor Edward G. Rendell recently announced that Pennsylvania acute-care
general hospitals will not be reimbursed by the state Medicaid program for services
resulting from medical errors. On January 14, 2008, Pennsylvania became just the MORE
September 25, 2007
Pending Changes to the Stark Law Phase III - Health Law Alert - On September 5, 2007, the Centers for Medicare & Medicaid Services (CMS)
published its long-awaited Phase III regulations regarding the federal ban on
physician self-referrals, more commonly known as “Stark.” CMS claims that the
Phase III Stark regulations, effective on December 4, 2007, will reduce the
regulatory burden on the health care industry, “simplify” the rules and provide MORE
March 20, 2007
SURVEY AND ENFORCEMENT IN LONG TERM CARE - Leadership Health Care Spring 2007 Conference - MORE
March 20, 2007
Medicare & Medicaid Issues - Leadership Health Care Spring 2007 Conference - MORE
March 20, 2007
Litigation - Leadership Health Care Spring 2007 Conference - MORE
March 20, 2007
HIPAA – Current Issues & Implications for Nursing Homes - Leadership Health Care Spring 2007 Conference - MORE
March 20, 2007
Compliance Issues – Fraud and Fraud and Abuse - Leadership Health Care Spring 2007 Conference - MORE
January 01, 2007
Internet Prescribing: It’s Fast and Easy, But Is It Legal? - ANDREWS LITIGATION REPORTER - The Internet pharmacy industry is booming and apparently will only get bigger, unless, that is, the federal government decides that prescriptions written without a face-to-face meeting between the physician and patient are invalid. Given its recent enforcement efforts, the government may well be headed in that direction. MORE
September 01, 2006
Using Mental Health Records for Research - Compliance Today - The Health Insurance Portability and Accountability Act’s Privacy Rule (the “Privacy Rule”) strikes a balance between restricting the unauthorized disclosure of medical records and permitting health care providers to operate effectively, including participation in research studies. Specifically, the Privacy Rule takes into account that getting patient authorization for a disclosure can be problematic for researchers who do not interact directly with MORE
August 08, 2006
The Deficit Reduction Act of 2005 Imposes New Obligations On Medicaid Providers By January 1, 2007 - Health Law E-lert! - MORE
February 23, 2006
HIGHLIGHTS OF THE DEFICIT REDUCTION ACT OF 2005 - Health Law E-lert! - MORE
April 25, 2013
Mark Gallant, chair of the firm’s Health Law group, and Greg Fliszar secured a victory on behalf of the Mercy Health System against the U.S. Department of Health and Human Services. MORE
April 17, 2013
Lauren Tulli, Jill Caughie and MaryTeresa Soltis secured a summary judgment from the District Court of the Western District of Kentucky in a factually complicated and contentious pain pump case that has been in active litigation for over four years. MORE
February 01, 2013
Mark Gallant, a member of the firm, and chair of the Health Law practice group, was quoted in Of Counsel: The Legal Practice and Management Report, in an article titled, “Affordable Care Act, Changing Demographic, Consolidation All Fueling Health Care Law.” MORE
March 29, 2012
Mark Gallant and Iden Martyn featured in Bloomberg BNA's Health Care Daily Report MORE