Cozen O’Connor: Health Care

Health Care

Featured Publication:

Health Law Handbook 2018 Edition [Thomson Reuters]

Mark Gallant, Robert Chu, and Greg Fliszar all of Cozen O'Connor's Health Law group, co-authored the chapter titled, “Medicaid Managed Care” contained in Thomson Reuters’ newly released Health Law Handbook 2018 Edition.

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Cozen O’Connor provides practical and cost-effective legal counsel to health care industry clients. We help them manage risk and seize opportunities in this era of regulatory uncertainty, government scrutiny, innovation, challenging economics and shifting demographics.

The firm serves health systems, hospitals, physician groups, long-term care and nursing home providers, life sciences and health technology companies, private equity and venture capital investors, suppliers, drug and device companies, and health care entrepreneurs.

Our multi-disciplinary health care team is co-led by the former deputy counsel to the Centers for Medicare & Medicaid Services and the former deputy general counsel to one of the region’s largest health systems, and includes attorneys with decades of relevant healthcare regulatory, litigation and transactional experience.

Cozen O’Connor stands out from other large law firms for being able to provide comprehensive health law services nationwide, while maintaining an entrepreneurial business model that can scale offerings and rates to fit the specific needs of each client. 

Our Health Law Group represents clients in the areas of:

 

Payment Disputes

Cozen O’Connor is nationally known as a “go-to firm” for reimbursement disputes. Clients draw on our deep knowledge of laws governing the Medicare and Medicaid programs, as well as the financial and operational considerations specific to public and private-payor disputes.

The reimbursement dispute practice is led by Mark Gallant, a Band 1 Chambers-recognized attorney who served as deputy chief counsel to the Centers for Medicare & Medicaid Services (CMS), managing all litigation for the federal government under the Medicare and Medicaid programs. He heads a team with specific experience in reimbursement litigation.

The firm represents health systems, hospitals, and drug and device companies in litigation against private insurers, the federal government and state programs. The scope of our experience is vast and includes work on some of the most technically and legally complex disputes of the last decade.

We advise on issues involving: Medicare certification, premium subsidies, diagnosis-related groups (DRGs), site-of-service, out-of-network reimbursement, network termination, suspension of payments, continuity-of-care, recoupments, coding downgrades, coverage, ERISA, sequestration and intergovernmental transfers. We have had cases before the Provider Reimbursement Review Board (PRRB) and the Departmental Appeals Board (DAB) of the Department of Health and Human Services and regularly appear in state and federal courts on behalf of our clients.

Cozen O’Connor’s practice is unusual in that we are capable of managing large multi-state or multi-plaintiff reimbursement litigation, but are also flexible enough to adjust our service model to meet specific client needs, including through use of alternative or contingency fee agreements.

 

Payer Contracts & Value-Based Programs

Given the current regulatory climate, the need for clear and enforceable payer contracts has never been greater. The Health Law Group at Cozen O’Connor counsels major health care clients in the areas of payer contracts, clinical integration and value-based payment programs.

Cozen O’Connor represents health systems, hospitals and large physician groups. Led by Christopher Raphaely, the former deputy general counsel to Jefferson Health System and general counsel to the system’s accountable care organization and captive professional liability insurance companies, our group is well versed in the intricacies of payer contracts and their practical implications.

Our Health Law Group offers start-to-finish contract counsel. We negotiate payer contracts of all types and provide advice on cutting-edge contracting issues, such as utilization management, “tiering and steering,” and the impact of corporate structure on government payment eligibility. We provide sophisticated front-end payer contract counsel, and defend and enforce payer contracts in high-stakes payment disputes.

Cozen O’Connor is also a recognized leader in value-based contracting and related risk-based payment programs. We structure accountable care organizations (ACOs) and clinically integrated networks.

 

HIPAA & Health Data

No entity can operate in the health care field without paying constant and careful attention to health data privacy and security. Cozen O’Connor’s Health Law Group helps major corporate clients meet the challenges of achieving regulatory compliance and keeping health data secure.

Led by Ryan Blaney and Gregory Fliszar, Cozen O’Connor represents HIPAA-defined “covered entities” (health systems, hospitals, physician groups and other providers) and “business associates.” Cozen O’Connor also advises clients handling health care data outside the HIPAA regulatory structure, such as wellness programs, wearable devices and websites. Our attorneys closely track health privacy and security laws, including HIPAA and HITECH, FTC, FDA, Gramm-Leach-Bliley, the GDPR, U.S. Privacy Shield, alcohol and drug abuse records, federal communications and trade statutes, and myriad state-based privacy and data breach laws.

Among the most important services Cozen O’Connor provides is comprehensive loss prevention. Our attorneys conduct deep-dive audits under the umbrella of attorney-client privilege; develop policies and procedures that integrate sophisticated physical, technical and administrative safeguards; conduct client training on data privacy and security compliance; and draft and review contracts with business associates, subcontractors and institutional partners.

In response to an alleged privacy violation or data breach, the Health Law team can perform immediate forensic and recovery operations, satisfy notification obligations, liaison with government officials and design public messages to protect clients from liability. We lead complex internal investigations for high-profile health clients and represent them in federal and state government regulatory investigations, enforcement actions, state attorneys general litigation, class actions and individual plaintiff lawsuits.

The firm’s work in health data privacy and security is significantly bolstered by our strong Washington D.C.-based government affairs and state attorneys general groups. Cozen O’Connor Public Strategies is at the forefront of tracking legislative developments on health data, and the firm’s 50-state AGs practice is well positioned to assist as regulatory responsibility devolves to the state level.

Our health data privacy and security team includes attorneys who lecture and publish frequently. Ryan Blaney and Greg Fliszar have spoken before the Association of Corporate Counsel, American Conference Institute, trade associations and industry-leading webinars. Ryan co-authored the health care privacy chapter in Representing Hospitals and Health Systems Handbook published by the American Health Lawyers Association and the HIPAA and medical privacy chapter in a highly regarded PLI treatise. Ryan is co-chair of the Washington D.C. chapter of the International Association of Privacy Professionals (IAPP). 

 

Digital Health

New technologies are transforming health care in America. From the growth in telehealth and telemedicine to the revolution in electronic data collection and analysis, digital health is affecting nearly every aspect of health care delivery.

Cozen O’Connor is a leader in digital health law. We represent innovative telehealth and telemedicine companies, technology companies, health care analytics firms, provider groups and medical device manufacturers. Our attorneys bring decades of diverse experience in health care, technology and emerging business development, and provide comprehensive regulatory and corporate counsel.

We advise innovative digital health clients on compliance with analogue-era regulatory requirements, including all state and federal privacy and security rules; health fraud and abuse laws; and FCC, FDA, FTC and state consumer protection requirements.

Our attorneys also provide integrated corporate counsel, assisting technology firms and health care companies on corporate structure, private equity, IP, commercialization, licensing, marketing and contracts. We partner with emerging companies through every stage of their business life cycle. Our attorneys advise digital and tech-focused companies on medical liability risk management and coverage and reimbursement strategies with both government and private payors.

Cozen O’Connor not only advocates for individual clients, but also for the digital health industry. Through our Washington D.C.-based Public Strategies firm and State Attorneys General practice, we provide top-ranked government relations support. We track relevant legislative activity; advocate before state and federal governments; and build effective trade associations and policy-based coalitions.

 

Health Care Government Investigations

Cozen O’Connor defends health care clients in high-stakes federal and state agency investigations and litigation, including actions involving False Claims Act, qui tam, Anti-Kickback, Stark Law, and Sunshine Act claims. We are known for our ability to achieve early and decisive resolutions.

 

Health Care Transactions

Modern health care institutions require legal counsel who are well-versed in both corporate law and health law in order to complete major transactions. Whether arranging venture capital funding for a health technology start-up or executing a hospital merger, Cozen O’Connor brings sophisticated understanding of business, finance, health industry operations and health regulations to every deal.

We serve as transactional counsel for hospitals, health systems, physician groups, ACOs, clinically integrated networks, medical device manufacturers, private equity sponsors and portfolio companies, academic medical centers and research organizations.

Cozen O’Connor’s full-service corporate practice handles complex business transactions for health clients, including mergers and acquisitions, divestitures, joint ventures and co-management agreements, venture capital and private equity investments, public offerings and recapitalizations. We also assist with antitrust due diligence and reporting, as well as tax analysis and structuring.

Our health care team provides counsel on transactions unique to the health care industry. We form ACOs, clinically integrated networks and physician practice groups, and negotiate contracts between providers and a multitude of different vendors. Cozen O’Connor represents management service organizations (MSOs), contract research organizations (CROs), tissue banks and other nonprofit data centers. Clients rely on Cozen O’Connor’s detailed understanding of the health care business, health IP, payor policies and federal research guidelines. 

 

Health Care IP

We represent generic pharmaceutical companies in litigation under the Hatch-Waxman Amendments to the Food, Drug & Cosmetics Act and the Biologics Price Competition and Innovation Act (BPCIA). Our team advises clients on FDA citizen petitions, regulation of drug registration, labelling and marketing.

 

Government Affairs

Cozen O’Connor Public Strategies, the firm’s bipartisan Washington D.C.-based government relations firm, provides outreach to public officials on matters of health law and policy. We advocate for clients before the Centers for Medicaid & Medicare Services, Department of Justice, Food & Drug Administration, state departments of health & welfare, and state and federal legislatures.

 

Medical Marijuana

The increased use of cannabis for medical purposes presents health care institutions, providers and suppliers with a complex set of legal considerations. Cozen O’Connor has an interdisciplinary team of attorneys ready to advise on all applicable state and federal laws.

 

State Attorneys General

With one of the largest state attorneys general practices in the country, Cozen O’Connor represents clients in state AG investigations and litigation (including multi-state and federal co-enforcement actions). The state AG team has experience counselling health care clients faced with state-based consumer protection, antitrust, false claims, drug pricing, and data privacy claims.

Experience

Publications

Court Orders Stay of Order Declaring Individual Mandate Unconstitutional and Inseverable [Health Law Informer Blog]

January 03, 2019

We previously reported that District Court Judge Reed O’Connor of the Northern District of Texas declared on December 14, 2018 (1) that the Affordable Care Act’s (ACA) individual mandate is unconstitutional and (2) that the remaining provisions of the ACA are “inseverable” and therefore...

Federal Court Enjoins Medicare Recoupment [Health Law Informer Blog]

December 31, 2018

A Houston federal judge preliminarily enjoined the government from recouping alleged Medicare overpayments made to an ambulance service company facing bankruptcy.  See Adams EMS, Inc. v. Azar, No. H-18-1443, 2018 BL 391263 (S.D. Tex. 2018). As you may be aware, there is a massive backlog in the...

CMS Releases Final ACO Regulations [Health Law Informer Blog]

December 21, 2018

This morning CMS released a final rule regarding its most popular program for accountable care organizations (ACOs), the Medicare Shared Savings Programs. The final rule is based on the proposed rule for the program that was published in August.  The final rule adopts the major structural overhaul...

“A Slow Game of Jenga:” Has a Federal Judge Toppled the Affordable Care Act? [Health Law Informer Blog]

December 18, 2018

Last Friday, in Texas v. United States, Judge Reed O’Connor of the Northern District of Texas (1) declared the Affordable Care Act’s (ACA) individual mandate to be unconstitutional.  In so doing, the Judge, a President George W. Bush appointee, also (2) declared the remaining provisions of the ACA...

Here is Your Opportunity to Tell HHS How to Improve HIPAA

December 12, 2018

Ryan P. Blaney and Alexandra Campau discuss the 32-page RFI released by the U.S. Department of Health and Human Services Office for Civil Rights.

Medicare’s New Virtual Check-In Code: 7 Things You Need to Know [Health Law Informer Blog]

November 12, 2018

On November 1, 2018, CMS issued a 2,379 page final rule titled “Revisions to Payment Policies under the Medicare Physician Fee Schedule, Quality Payment Program and Other Revisions to Part B for CY 2019.”  While there are some interesting changes related to remote patient monitoring for chronic...

FDA Issues Final Guidance on “Labeling for Biosimilar Products” [Alert]

October 18, 2018

The guidance emphasizes biosimilarity while recognizing key differences between biosimilar and reference products.

Anthem Agrees to Record $16 Million Settlement for Alleged HIPAA Violations [Health Law Informer Blog]

October 16, 2018

In the wake of the largest U.S. health care data breach in history, Anthem, Inc., has agreed to pay $16 million to the Office for Civil Rights, which is a record settlement for alleged HIPAA violations. According to the Department of Health and Human Services ("HHS"), the previous high was a $5.55...

The Medicare Shared Savings Program and the New Glide Path to Risk [Health Law Alert]

August 22, 2018

Chris Raphaely discusses CMS's proposed rule regarding ACOs in the Medicare Shared Savings Program.

Don't Misrepresent Your U.S. - E.U. Privacy Shield Status: FTC Brings An Enforcement Action [Health Law Informer Blog]

July 06, 2018

As US companies continue to spend time and effort complying and responding to all of the new privacy laws and regulations both in the United States and aboard (i.e. GDPR and California Consumer Privacy Act of 2018) companies cannot forget the basics.  If you represent something in your Privacy...

Governor Wolf Signs Amendment to PA Medical Marijuana Act [Health Law Informer Blog]

July 05, 2018

On June 22, 2018 Governor Wolf signed HB 2477 (“Amendment”) into law breathing new life into Chapter 20 of the Medical Marijuana Act (“Act”), the country’s first-of-its-kind law for cannabis research. This follows Commonwealth Court Judge Patricia McCullough’s May 22, 2018 issuance of a preliminary...

Health Law Handbook 2018 Edition [Thomson Reuters]

June 22, 2018

Mark Gallant, Robert Chu, and Greg Fliszar all of Cozen O'Connor's Health Law group, co-authored the chapter titled, “Medicaid Managed Care” contained in Thomson Reuters’ newly released Health Law Handbook 2018 Edition.

Third Circuit Provides Guidance on Handling of EMTALA Whistleblower Claims [Labor & Employment Alert]

June 20, 2018

Bobbi Britton Tucker discusses the court's decision in Marie Gillispie v. Regionalcare Hospital Partners, Inc., and how the court rules that the EMTALA’s whistleblower provision protects employees who inform personnel in a covered facility of an alleged EMTALA violation, even though the employee does not also inform any governmental or regulatory agency.

Court Temporarily Enjoins CMS from Withholding Medicare Payments from Home Health Agency [Health Law Informer Blog]

June 19, 2018

A home health agency has scored a second win in its fight to prevent CMS from withholding Medicare payments (to effectuate a recoupment of alleged overpayments), at least for the time being.  We previously reported on the home health agency’s first win before the Fifth Circuit (which reversed the...

New Jersey Enacts “Out-of-Network Consumer Protection, Transparency, Cost Containment and Accountability Act” [Health Law Informer Blog]

June 06, 2018

On June 1, 2018, New Jersey Governor Phil Murphy signed into law the Out-of-Network Consumer Protection, Transparency, Cost Containment and Accountability Act (the “Act”), available at: http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=A2039, which becomes effective on the 90th day after...

Court of Appeals Finds Jurisdiction in Medicare Appeals Backlog Case [Health Law Informer Blog]

April 25, 2018

The Fifth Circuit has recently held that its courts have jurisdiction to hear a lawsuit seeking to enjoin Medicare from recouping funds until after a hearing because (1) the provider’s claim is collateral to the underlying recoupment and (2) the recoupment may result in the provider’s bankruptcy and...

MedPAC Report: A Wake Up Call for Telehealth [Health Law Informer Blog]

April 02, 2018

The recent Medicare Payment Advisory Commission (“MedPAC” or “Commission”) report should serve as a shot across the bow to telehealth advocates seeking broader Medicare coverage of telehealth. In reading the telehealth chapter, it is clear to me that the MedPAC commissioners are not fully sold on...

Hospital Tier Status in Payor Network Agreements [Health Law Informer Blog]

March 21, 2018

Bergen County Superior Court Judge Robert Contillo issued a recent decision deemed favorable by Horizon Healthcare Services Inc. (“Horizon”) in a case involving three healthcare providers (“Providers”) that challenged Horizon’s newer tiered health coverage plan for hospitals: OMNIA. The Providers...

2018 Telemedicine Benchmark Survey Shows Industry Trends [Health Law Informer Blog]

March 20, 2018

Each year, REACH Health publishes an industry benchmark survey that provides great insight into what telemedicine industry leaders are thinking.  Its most recently published survey is no different.  The 2018 survey was conducted among healthcare executives, physicians, and other professionals during...

DOH Finalizes Temporary Regulations for Clinical Registrants and Academic Clinical Research Centers [Health Law Informer Blog]

March 16, 2018

The Pennsylvania Department of Health (DOH) published the much anticipated final version of the temporary regulations under the Medical Marijuana Act applicable to Clinical Registrants and Academic Clinical Research Centers (ACRC) in Pennsylvania (“Temporary Regulations”). The Clinical...

CMS Approves Medicaid Waiver Requiring “Community Engagement” [Health Law Informer Blog]

January 25, 2018

As a first in the history of the Medicaid program, the Centers for Medicare & Medicaid Services (CMS) approved, on January 12, 2018, Kentucky’s section 1115 waiver application that imposes on many beneficiaries a “community engagement” requirement as a condition of Medicaid eligibility.  This is...

“Legitimate Business Interests” Justifying Non-Competes Are Not Limited to those Listed in Statute [Intellectual Property Alert]

October 17, 2017

Thomas Dye discusses Restrictive covenants in an employment contract and what employers and employees should know about the laws that govern their agreements.

What to Do When Doctors Can't Heal Themselves [ABA Health Law Litigation Section]

March 28, 2017

Aaron Krauss, a member of Cozen O'Connor's Commercial Litigation department, discusses what to do when doctors can't heal themselves in the ABA Health Law Litigation Section.

Top 10 Health Law Issues 2017

January 02, 2017

Mark Gallant discusses the Medicaid outlook for 2017 in the AHLA newsletter AHLA Connections.

7 Ways the Trump Administration Will Affect Businesses

November 18, 2016

This analysis provides insight into some of the most pertinent business issues President-elect Trump will likely address during his term, and what the election could mean for your industry and your business.

Representing Hospitals and Health Systems Handbook [AHLA]

August 01, 2016

Mark Gallant and Ryan Blaney discuss key issues for hospital and health care professionals in the AHLA Representing Hospitals and Health Systems Handbook.

Facility License Issues

June 10, 2016

Katherine Layman, J. Nicole Martin and Dana Petrillo co-authored a chapter in An Introduction to Health Law Litigation Based on Contract and Government Claims.

An Introduction to Health Law Litigation Based on Contract and Government Claims [ABA]

June 10, 2016

Aaron Krauss, a member of Cozen O'Connor's Health Care practice, discusses health law litigation based on contract and government claims in a book published by the American Bar Association.

NLRB’s Joint Employer Ruling Threatens to Reorder Employment Relations in the Health Care Industry

September 16, 2015

Hospitals and nursing homes may find themselves pulled into union elections or collective bargaining with staffing agencies, outside service providers and hitherto independent contractors.

Provider Suits Over Medicaid Rates: How We Got to Where We Are Today and the Shapes of Things to Come [Bloomberg BNA]

May 15, 2015

In an article titled "Provider Suits Over Medicaid Rates," Mark Gallant discusses the recent Supreme Court decision in Armstrong v. Exceptional Child Center, Inc.

Next Generation ACOs: CMMI Doubles Down on the Two-Sided Risk ACO Model [Health Law Alert]

March 16, 2015

While one part of the Affordable Care Act, exchange subsidies, hangs in the balance with the Supreme Court’s upcoming decision in King v Burwell, CMS is moving forward aggressively with the evolution of a less controversial ACA-created innovation, the Medicare ACO.

Pennsylvania Federal Court Reiterates EMTALA’s Inapplicability to Transfers of “Admitted Patients”

March 03, 2015

On February 23, 2015, the District Court in Baney v. Fick held that a patient’s complications arising from elective surgery do not fall under the purview of the Emergency Medical Treatment and Labor Act, 42 U.S.C. § 1395dd, (EMTALA). See 2015 BL 45710, M.D. Pa., No. 4:14-cv-2393 (Feb. 23, 2015). Plaintiffs, a husband and wife, alleged that the medical team managing Brian Baney’s care at Mount Nittany Medical Center should have immediately arranged for his transport to another hospital when he received an esophageal injury following an elective neurosurgical procedure at Mount Nittany Medical Center, and that the team’s care of Baney amounted to a failure to properly stabilize and properly manage Baney’s injury as required under EMTALA. However, the Baney court (citing to Torretti v. Main Line Hospitals, Inc., 580 F.3d 168, 174-75, 177 (3d Cir. 2009), dismissed the plaintiffs’ EMTALA claim with prejudice because the claim “did not fit within EMTALA’s scope.”

Recent Developments [ABA Health Care & Pharmaceuticals Committee]

February 28, 2015

Ryan Blaney, a member in the firm's health care practice, contributes to the ABA Health Care & Pharmaceuticals Committee's Recent Developments, which contains summaries of recent federal and state court cases, government enforcement actions, and other “recent developments” involving antitrust and privacy issues in the health care and pharmaceutical industries.

Summary of OIG'S 2015 Work Plan [ALHA]

December 31, 2014

Ryan Blaney, a member in the firm's Washington, D.C. office contributes to the OIG's summary of new and ongoing reviews and activities that OIG plans to pursue with respect to HHS programs during the current Fiscal Year and beyond.

IP: Obamacare’s Constitutional Impact on Patents [InsideCounsel]

April 30, 2013

A variety of patent issues arise from the act’s Biologics Price Competition and Innovation Act.

Hospitals Prevail in Effort to Include Pennsylvania GA Days in the Medicare DSH Calculation [Health Law Alert]

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.

Hospitals Providing Medical Care to Federal Employees Covered by HMOs May Be Subject to OFCCP's Affirmative Action and Other Requirements [Labor and Employment Alert]

April 08, 2013

Over the years, the Office of Federal Contract Compliance Programs (OFCCP), which enforces affirmative action and equal opportunity regulations for federal contractors and subcontractors, has tried to assert jurisdiction over hospitals that provide medical care to federal employees in various controversial ways. For example, OFCCP has claimed hospitals are federal subcontractors when they provide medical services to Blue Cross/Blue Shield and/or HMO policyholders pursuant to the insurance providers’ agreements with the Office of Personnel Management (OPM). The U.S. District Court for the District of Columbia just gave the green light to OFCCP to assert its jurisdiction over hospitals, at least where HMOs covering federal employees are involved.

Highlights of the Omnibus HIPAA/HITECH Final Rule [Cozen O'Connor Whitepaper]

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.

Implementing the Affordable Care Act: Countdown to 2014 (Tax Implications) [ACA Alert]

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.

Seventh Circuit Rules that Medical Necessity Trumps State-Imposed Cap on "Optional" Medicaid Coverage [Health Law Alert]

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).

Supreme Court Rules on Affordable Health Care Act: Upholds Individual Mandate and Limits Scope of Medicaid Expansion [Health Law Alert]

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.

Federal Court Sends Mixed Message on Hospital's Right to Payment for Out-of-Network Services [Health Law Alert]

June 21, 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.

CMS Issues Proposed Rule on Reporting and Returning Medicare Overpayments [Health Law Alert!]

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.

Proposed Rules for Accountable Care Organizations Released March 31, 2011 by the Federal Trade Commission, Department of Justice, and the Center for Medicare & Medicaid Services [Health Law Alert!]

April 01, 2011

After a two month delay, the Federal Trade Commission (FTC) and Department of Justice (DOJ), acting jointly, and the Center for Medicare & Medicaid Services (CMS) released proposed regulations for Accountable Care Organizations (ACOs) participating in the Medicare Shared Savings Program (the Program). The Program was created pursuant to the Affordable Care Act and was intended to encourage health care providers to better work together to lower costs and improve patient outcomes.

On First Anniversary, a Look at Challenges to Health Care [The Legal Intelligencer]

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.

House Judiciary Hearing Provides Few Answers for ACO Participants [Health Law Alert!]

December 12, 2010

House Judiciary Hearing Provides Few Answers for ACO Participants - Health Law Alert! - At the recent House Judiciary Committee’s hearing on the effects of antitrust laws in the heath care industry, testimony relating to accountable care organizations (ACOs) was plentiful, but unrevealing. Industry representatives and federal antitrust enforcers agreed that ACOs have the potential to successfully lower costs and improve quality of care, but government witnesses declined to provide a roadmap as to how ACOs may avoid running afoul of the antitrust laws.

CMS Voluntary Self-Referral Disclosure Protocol: The Good, The Bad, and The Ugly [Health Law Alert!]

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.

CMS Delays Section 111 Reporting for Liability Insurers [Health Law Alert!]

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.

DOJ Follows Through on Pledge; Sues BCBS of Michigan Over MFN Clauses [Health Law Alert!]

October 18, 2010

DOJ Follows Through on Pledge; Sues BCBS of Michigan Over MFN Clauses - Health Law Alert! - The U.S. Department of Justice filed an antitrust lawsuit today against Blue Cross of Michigan alleging that “most favored nation” clauses (“MFNs”) in its hospital contracts violate §1 of the Sherman Act because they serve to raise hospital prices, prevent other insurers from entering the marketplace, and discourage hospitals from providing discounts to other insurers. DOJ seeks to have MFNs between Blue Cross and hospitals declared illegal, to

Stark Realities of Health Care Reform [Health Law Alert!]

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

Health Care Reform Includes Reporting Requirements Regarding Drug and Device Manufacturers' Payments to Physicians and Teaching Hospitals [Health Law Alert!]

May 11, 2010

Health Care Reform Includes Reporting Requirements Regarding Drug and Device Manufacturers' Payments to Physicians and Teaching Hospitals - Health Law Alert! - The Patient Protection and Affordable Care Act (the “PPACA”) of 2010 as amended by the Health Care and Education Reconciliation Act of 2010 (the “Reconciliation Act”) (collectively referred to as “the Health Care Reform Act”) includes a number of new reporting requirements designed to enhance the transparency of certain segments of the health care industry including manufacturers of drugs, medical devices, biologicals and medical supplies.

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!]

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

Medicare Secondary Payer Update - CMS Delays Reporting Deadlines [Health Law Alert!]

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.

Highmark, Inc. Challenges PA. Insurance Department Investigation [Health Law Alert!]

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.

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!]

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.

A New Era in HIPAA Enforcement: Connecticut Attorney General Files First HITECH Act Suit [Health Law Alert!]

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.

New Jersey Enforces Limits on Overpayment Recoveries [Health Law Alert!]

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.

Recent Pennsylvania Decision Requires Disclosure of Medicaid Managed Care Rates [Health Law Alert!]

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.

New Medicare Secondary Payer Requirement: Mandatory Reporting for Liability, No-Fault and Workers Compensation Insurers [Health Law Alert!]

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”)

The American Recovery and Reinvestment Act of 2009: Sweeping Changes to HIPAA Put Business Associates in the Spotlight [Health Law Alert!]

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

New Codey Legislation to Provide Certainty After a Year of Limbo [Health Law Alert!]

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.

FTC Delays Enforcement of Red Flags Rule [Health Law Alert!]

October 27, 2008

FTC Delays Enforcement of Red Flags Rule - Health Law Alert! -

HHS' First Resolution Agreement for Alleged HIPAA Violations and What it Means for You [Health Law Alert!]

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

Supreme Court Weighs in on Scope of False Claims Act [Health Law Alert!]

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).

Update: Pennsylvania Hospitals to Pay For Medical Mistakes – Quality of Care At The Forefront [Health Law Alert!]

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

Pending Changes to the Stark Law Phase III [Health Law Alert]

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

Using Mental Health Records for Research [Compliance Today]

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

The Deficit Reduction Act of 2005 Imposes New Obligations On Medicaid Providers By January 1, 2007 [Health Law E-lert!]

August 08, 2006

The Deficit Reduction Act of 2005 Imposes New Obligations On Medicaid Providers By January 1, 2007 - Health Law E-lert! -

HIGHLIGHTS OF THE DEFICIT REDUCTION ACT OF 2005 [Health Law E-lert!]

February 23, 2006

HIGHLIGHTS OF THE DEFICIT REDUCTION ACT OF 2005 - Health Law E-lert! -

Events & Seminars

Upcoming Events

UIA Seminar: Welcome to the Age of Big Health Data! Will It Be a Cure or a Curse?

June 06, 2019 -

Chris Kende and Greg Fliszar will present at the 2019 UIA Seminar: "Welcome to the age of Big Health Data! Will it be a Cure or a Curse?" in New York City.

Past Events

PBI Health Law Institute 2019

March 12, 2019 - Philadelphia, PA

Health Law 2019

December 05, 2018 - Philadelphia, PA

CTeL Executive Telehealth Fall Summit 2018

December 04, 2018 - Washington, D.C.

PBI: A Day on Health Law

October 23, 2018 - Philadelphia, PA

Drugs and Biologics: Labeling

September 27, 2018 - Boston, MA

Health, Biotech & Pharma Law CLE Institute

July 18, 2018 - King of Prussia, PA

Third Annual 4A Data Security and Privacy Symposium

March 22, 2018 - Philadelphia, PA

PBI Health Law Institute

March 13, 2018 - Philadelphia, PA

ACI FDA Boot Camp

March 08, 2018 - New York, NY

Healthcare Technology and Privacy in an Evolving Era

January 18, 2018 - Washington D.C.

2017 Health Law Year In Review

December 06, 2017 - Philadelphia, PA

ACCGP's Health, Biotech & Pharma Law CLE Institute

May 18, 2017 - King of Prussia, PA

Hot Topics in Health Care Technology

March 30, 2017 - Webinar

Medicaid Expansion: Yesterday, Today and Tomorrow

March 15, 2017 - Baltimore, MD

23rd Annual Health Law Institute

March 07, 2017 - Philadelphia, PA

Health Law Year in Review Regional CLE

February 03, 2017 - Miami, FL

7th Annual Health Law Year in Review

December 07, 2016 - Philadelphia, PA

4A Healthcare Data Security & Privacy Symposium

October 04, 2016 - Philadelphia, PA

ACI’s Data Breach & Privacy Litigation Conference

September 29, 2016 - New York, NY

ACI’s 28th Annual FDA Boot Camp

September 21, 2016 - Boston, MA

Health Law Update

July 21, 2016 - Webinar/Philadelphia, PA

The 2016 Revitas Life Sciences Summit

April 20, 2016 - Baltimore, MD

PBI 22nd Annual Health Law Institute

March 15, 2016 - Philadelphia, PA

FDA Boot Camp 2016

March 09, 2016 - New York, NY

2015 Health Law Year in Review

December 08, 2015 - Philadelphia, PA

A Day On Health Law

October 08, 2015 - Philadelphia, PA

39th Annual Institute of the NJ Chapter of HFMA

October 07, 2015 - Atlantic City, NJ

IAPP Data Protection Intensive

April 15, 2015 - London

PBI's 21st Annual Health Law Institute

March 12, 2015 - Philadelphia, PA

PACT Cybersecurity Series Event

February 26, 2015 - West Conshohocken, PA

Health Law Year In Review

December 03, 2014 - Philadelphia, PA

8th Annual HFMA Fall Institute

September 18, 2014 - Philadelphia, PA

PBI 20th Annual Health Law Institute

March 13, 2014 - Philadelphia, PA

Health Law Year in Review

February 06, 2014 - Philadelphia, PA

2013 ACC Annual Meeting

October 27, 2013 - Los Angeles, CA

Managed Care Disputes & Litigation

May 09, 2013 - Philadelphia, PA

PBI 19th Annual Health Law Institute

March 12, 2013 - Philadelphia, PA

Implementing The Affordable Care Act - Countdown to 2014

February 06, 2013 - Philadelphia, PA

PBI 18th Annual Health Law Institute

March 13, 2012 - Philadelphia, PA

2011 Health Law Year in Review

February 15, 2012 - Philadelphia, PA

Fundamentals of Health Law

November 15, 2011 - Philadelphia, PA

Institute on Medicare and Medicaid Payment Issues

March 30, 2011 - Baltimore, MD

17th Annual Health Law Institute

March 15, 2011 - Philadelphia, PA

Medical Records Law

March 01, 2011 - Philadelphia, PA

Health Law Forum: 2010 Year in Review

February 08, 2011 - Philadelphia, PA

Examining Health Care Reform

October 26, 2010 - Philadelphia, PA

Medicare Part A Reimbursement: the PRRB and Beyond

September 21, 2010 - Philadelphia, PA

HIPAA/HITECH Proposed Rule Discussion

September 20, 2010 - Philadelphia

PBI Presents: 14th Annual Insurance Institute

April 12, 2010 - Philadelphia, PA

16th Annual Health Law Institute

March 11, 2010 - Philadelphia, PA

Health Law Forum: 2009 Year in Review

March 02, 2010 - Philadelphia, PA

Health Law Forum: Year In Review 2008

January 15, 2009 - Philadelphia, PA

In The News

Top 5 Health Policy Predictions for 2019

December 20, 2018

Alex Campau, Principal & Director of Health Policy, shares her predictions about the key health policy trends she anticipates taking center stage in 2019 with Morning Consult.

The ACA's Been Ruled Invalid. What's Next?

December 17, 2018

Christopher Raphaely, co-chair of Cozen O'Connor's Health Care practice group, spoke with Law360 about a Texas federal judge’s declaration that the entire Affordable Care Act is invalid.

Trump Admin. Urges Broad Easing of Health Laws

December 03, 2018

In a recent article published in Law 360, Alexandra Campau, Principal & Director of Health Policy, discusses the recent White House health report, telling Law 360 the report is “more than an academic exercise.”

Updates to the provider reimbursement review board rules [Podcast]

November 28, 2018

Greg Fliszar, a member of Cozen O'Connor's Health Law practice group, was a guest on the Hospital Finance podcast by Besler.

Xcaliber International Receives 15 Additional Orders from the FDA with Cozen O'Connor’s Guidance

September 11, 2018

Cozen O'Connor guided Xcaliber International, Ltd., L.L.C. (Xcaliber) as the organization received 15 additional orders from the U.S. Food and Drug Administration.

Seven Cozen O’Connor Lawyers Named 2019 “Lawyers of the Year” by Best Lawyers in America

August 31, 2018

Cozen O’Connor is proud to announce that seven of the firm’s lawyers have been recognized as “Lawyers of the Year” in their respective practices by Best Lawyers in America, one of the oldest and most highly regarded peer review publications in the legal profession.

126 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 22, 2018

One hundred twenty-six Cozen O’Connor lawyers from 20 of the firm’s national offices have been selected for inclusion in the 2018 edition of The Best Lawyers in America.

Christopher Raphaely on The Business of Health Care

June 21, 2018

Chris Raphaely, co-chair of Cozen O'Connor's Health Care practice group, was a guest on SiriusXM's Wharton Business Radio.

Medicaid Work Rules Lawsuit Could Have Far-Reaching Impact

June 13, 2018

Mark Gallant, co-chair of Cozen O'Connor's Health Care practice group, spoke with CQ Roll Call about a recent Medicaid lawsuit in Kentucky.

Fifty-four Cozen O’Connor Attorneys Named 2018 Pennsylvania Super Lawyers and Rising Stars

June 12, 2018

Super Lawyers has named 54 Cozen O'Connor attorneys to its 2018 Pennsylvania Super Lawyers and Rising Stars lists.

Fifty Cozen O’Connor Attorneys Ranked by Chambers USA 2018

May 21, 2018

Cozen O’Connor is pleased to announce that Chambers USA has recognized 50 Cozen O’Connor attorneys for 2018 as leaders in their respective fields; 12 attorneys were recognized nationally and 14 were ranked in the top band either nationally or at the state level.

Cozen O’Connor Elects 19 Associates to Membership

April 09, 2018

Cozen O’Connor has elected 19 associates to membership in the firm. The management committee appointed this qualified group of attorneys to membership based on demonstrated professionalism, leadership, dedication, and loyalty to Cozen O’Connor.

2018 U.S. News & World Report – Best Lawyers "Best Law Firms" Ranks Cozen O’Connor

February 01, 2018

In the 2018 U.S. News - Best Lawyers® "Best Law Firms, Cozen O’Connor is ranked nationally in 17 practice areas and regionally in 64 practice areas.

Hospital megamergers may lower overhead, but at what cost?

December 11, 2017

Jonathan Grossman, a member of the firm's Antitrust Practice, was quoted in Modern Healthcare's article, "Hospital megamergers may lower overhead, but at what cost?"

100 Cozen O’Connor Lawyers Named to the Best Lawyers in America

August 23, 2017

Lawyers were selected for inclusion in the 2018 edition based on a rigorous peer-review that has been developed and defined for more than 30 years.

Cozen O’Connor Earns Client Recognition in 2017 Chambers USA Rankings

May 26, 2017

Chambers USA recognized 47 Cozen O’Connor lawyers as leaders in their respective fields; 14 attorneys were recognized nationally and 11 were ranked in the top band.

Cozen O’Connor Welcomes Six More Attorneys from Buchanan Ingersoll & Rooney

May 17, 2017

Cozen O’Connor has announced the following attorneys have joined the firm: employee benefit/ERISA attorneys John H. Wilson, Lynn Brehm and Matthew Clyde, labor and employment attorney Brian A. Casal, and commercial litigators William J. Moorhead and Gabrielle Lee.

Cozen O’Connor Adds 17 Lawyers from Buchanan Ingersoll & Rooney

May 08, 2017

The new attorneys add depth in Pittsburgh across Commercial and Corporate practices and continues to expand its national Labor & Employment Department

Cozen O’Connor Launches Full-Service Pittsburgh Office With Three Former Leaders of Buchanan Ingersoll & Rooney

May 03, 2017

Cozen O’Connor has launched a full-service Pittsburgh office with three former leaders of Buchanan Ingersoll & Rooney PC: labor and employment attorney Thomas Giotto, corporate attorney Jeremy Garvey, and complex commercial and health care litigator Gene Giotto.

Cozen O’Connor Promotes 17 Attorneys to Membership

April 03, 2017

The management committee is pleased to welcome a particularly qualified group to membership, composed of outstanding attorneys who have demonstrated remarkable professionalism, leadership, dedication, and loyalty to the firm and the legal community at large.

Wills Eye Takes Medicare Fight to Federal Court

December 28, 2016

Mark Gallant is representing Wills Eye Hospital in its federal lawsuit seeking to overturn a U.S. Department of Health and Human Services decision that says Wills does not qualify as a hospital under Medicare.

Robert Chu Elected to APABA-PA Board of Directors

December 12, 2016

Robert Chu was elected to the Asian Pacific American Bar Association of Pennsylvania’s Board of Directors to serve a one-year term.

Cozen O'Connor ranked in 2017 U.S. News & World Report – Best Lawyers "Best Law Firms"

November 23, 2016

Firms included in the 2017 "Best Law Firms" list are recognized for professional excellence with persistently impressive ratings from clients and peers.

Healthcare Antitrust Reviews Likely to Remain Strong Under Trump

November 11, 2016

Chris Raphaely discusses the potential impact of a Trump administration on antitrust enforcement in the health care industry.

Appeals Court Overturns Pa. Hospital Merger

September 28, 2016

Chris Raphaely discusses a recent decision by the U.S. Court of Appeals for the Third Circuit.

Cozen O’Connor Welcomes Health Care and Telemedicine Attorney René Y. Quashie to D.C. Office

September 27, 2016

Quashie represents clients on a range of health care and life sciences matters, including federal regulatory and administrative health care matters, and has been on the forefront of legal issues surrounding telemedicine and digital health.

Five Cozen O’Connor Lawyers Named 2017 “Lawyers of the Year” by Best Lawyers in America®

August 16, 2016

Cozen O’Connor is proud to announce that five of the firm’s lawyers have been recognized as “Lawyers of the Year” in their respective practices by The Best Lawyers in America, one of the oldest and most highly regarded peer-review publications in the legal profession.

Sixty-Two Cozen O’Connor Lawyers Named to the Best Lawyers in America

August 15, 2016

Sixty-two Cozen O’Connor lawyers from 13 of the firm’s national offices have been selected for inclusion in the 2017 edition of The Best Lawyers in America.

Press Ganey Purchased by Private Equity Firm for $2 Billion

August 09, 2016

Christopher Raphaely discusses Press Ganey’s acquisition by Swedish private equity firm EQT.

ONC Discusses Health Data Risk from Entities Not Covered by HIPAA

July 27, 2016

Ryan Blaney discusses a new report from the Office of the National Coordinator for Health Information Technology that examines privacy and cybersecurity risks.

HHS Offers Advice for Health Care Industry to Guard Against Malware

July 14, 2016

Greg Fliszar, a member of Cozen O’Connor’s Health Law practice group, discusses the increased use of ransomware against U.S. hospitals by cyber extortionists.

Cozen O’Connor Earns Client Recognition in 2016 Chambers USA Rankings

May 27, 2016

Chambers USA recognized 41 Cozen O’Connor lawyers as leaders in their respective fields; 12 attorneys were recognized nationally and 11 were ranked in the top band.

Chris Raphaely Discusses SMARTER Act in Modern Healthcare

April 08, 2016

Chris Raphaely discusses a house-passed bill that may impact hospital decisions on mergers in Modern Healthcare.

Greg Fliszar & Ryan Blaney Discuss HIPAA on Forbes.com

December 19, 2015

Greg Fliszar and Ryan Blaney, members of Cozen O’Connor’s Health Law practice, discuss best practices for the Health Insurance Portability and Accountability Act (HIPAA) on Forbes.com.

Mark H. Gallant Discusses CMS Rule (RIN 0938-AQ54; CMS-2328-FC) in Bloomberg BNA

October 29, 2015

Mark H. Gallant discusses CMS rule aimed to ensure states pay providers adequate Medicaid rates so that beneficiaries have access to the same providers as the rest of the population.

Christopher Raphaely Discusses Moving to a Law Firm from In-House

June 08, 2015

Christopher Raphaely discusses the challenges faced when moving from an in-house position to private practice with The Legal Intelligencer.

Ryan Blaney Quoted in Data Guidance on HIPAA Audits

May 21, 2015

Ryan Blaney, a member in the firm's Health Law Practice Group, is quoted in Data Guidance on the second round of HIPAA audits conducted by the OCR, and how it will pose a 'rude awakening' for business associates.

Cozen O’Connor Welcomes Health Care Attorney Marc Auerbach to Growing Miami Office

April 21, 2015

Cozen O’Connor is pleased to announce that Marc H. Auerbach has joined the firm as a member of the Health Care Practice, resident in the Miami office.

Greg Fliszar Quoted in Healthline on the Increase of Health Data Theft

April 14, 2015

Greg Fliszar, of the firm's health law practice, is quoted on the topic of breaches of medical data, and how the number of affected patients is on the rise.

Mark Gallant Quoted in the New York Times Regarding the Impact of a 2012 Argument, and Its Effect on Medicaid Expansion

March 08, 2015

Mark Gallant, co-chair of the firm's Health Care practice group, is quoted in the New York Times in an article discussing the impact of a 2012 argument against the health care law in the supreme court, and how that is effecting current medicaid expansion.

Gregory Fliszar Discusses Health Insurer Hacking Attack

February 23, 2015

In early February, U.S. health insurer Anthem announced that it has been the victim of a huge hacking attack, with possibly millions of people’s personal information compromised. What lessons can health care risk managers take from this breach? HRMR investigates.

Greg Fliszar Quoted in HRMR About Hacking Attack at Anthem

February 23, 2015

Greg Fliszar, a member in the firm's Health Care Practice Group, is quoted in Healthcare Risk Management Review (HRMR) about the recent hacking attack of U.S. health insurer Anthem, and the lessons that can be learned from such an attack.

Mark Gallant Discusses Medicaid in Bloomberg Businessweek

January 20, 2015

In an article titled ''Why the Supreme Court's Medicaid Decision Matters,'' Mark Gallant, co-chair of the firm's Health Care Group, comments on Medicaid providers and how a recent Supreme Court hearing could affect issues at the state and federal level.

Christopher Raphaely Discusses Issues Facing Health Care Industry with Philadelphia Business Journal

August 25, 2014

Raphaely discusses the Affordable Care Act, ACOs and other issues facing in house counsel working in the health care industry.

Jefferson Health System Legal Counsel, Raphaely, Joins Cozen O’Connor as Co-Chair of Health Care Practice Group

July 09, 2014

Cozen O’Connor continues to strengthen its focus on health care with the recent hiring of R. Christopher Raphaely, who will serve as co-chair of the firm’s Health Care Practice Group. Previously deputy general counsel for the Jefferson Health System, and general counsel to the system’s accountable care organization and captive professional liability insurance companies, Raphaely will be resident in the Philadelphia office.

Ryan Blaney Quoted in Compliance Week Regarding HIPAA Fines

June 17, 2014

Ryan Blaney, of the Health Care Practice Group, was recently quoted in a Compliance Week article titled, "HHS Coming Down Harder on Healthcare Privacy Violations." The article examines how the Department of Health and Human Services is issuing stern warnings to healthcare providers to take patient privacy issues more seriously. If they do not, they will suffer more severe fines and penalties. Ryan offered his remarks on the largest HIPAA fine to ever be given by stating, "Although the penalty was the largest HIPAA fine to ever be levied in a single case, the violation that led to it wasn't all that unusual."

Cozen O’Connor Earns Client Recognition in 2014 Chambers USA Rankings

May 30, 2014

Chambers USA recognized 29 Cozen O’Connor lawyers as leaders in their respective fields; six attorneys were recognized nationally and eight were ranked in the top band. Stanley Sher was named a “Senior Statesman” in the “Transportation: Shipping: Regulatory (outside New York)” industry, for the pivotal role Sher plays in the firm’s continued success in the transportation industry.

Mark Gallant Prevails in Third Circuit ERISA Dispute

May 13, 2014

Mark Gallant, chair of the Health Care Group, was recently mentioned in a Law360 article about his victory on behalf of CardioNet and LifeWatch Services in the 3rd Circuit.

Cozen O’Connor Expands Health Care and Aviation Practices with Hiring of Blaney and Heffernan

May 07, 2014

Cozen O’Connor has continued to grow its Washington, D.C., office with the recent additions of health care attorney Ryan Blaney and aviation attorney David Heffernan, both of whom join the firm as members.