Health Law Scan

In the Care Alternatives False Claims Act (FCA) appeal, a panel of the US Court of Appeals for the Third Circuit on March 4 reversed the summary judgment granted to hospice provider Care Alternatives at the district court, disagreeing with AseraCare precedent out of the US Court of Appeals for the Eleventh Circuit, and holding that clinical disagreement alone may comprise legal falsity and is sufficient to create a triable issue of fact for the jury.

Partner Reece Hirsch recently attended and spoke at the 2020 Health Datapalooza held in Washington, DC.

In an action especially significant to hospice providers but also other healthcare providers regarding the determinations of medical necessity for Medicare billing purposes, the US Department of Justice (DOJ) and AseraCare have just agreed, following a mediation, to settle for $1 million the long-running False Claims Act qui tam litigation matter in which the United States had previously sought $200 million in liability.

In an Up & Atom blog post, our lawyers address two recent NRC Information Notices on medical events involving overexposure to strontium-82/rubidium-82 generator elution and the administration

The Centers for Medicare & Medicaid Services (CMS) unveiled the Healthy Adult Opportunity initiative on January 30.

In this LawFlash, our antitrust and competition team details increased jurisdictional and filing fee thresholds under the Hart-Scott-Rodino Act announced by the Federal Trade Commission (FTC) on January 28.

While US healthcare institutions are poised to respond to any outbreak of the 2019 Novel Coronavirus (2019-nCoV), how should they prepare as employers for the questions and compliance challenges that arise in a public health crisis?

The US Department of Justice (DOJ) Antitrust Division issued a Business Review Letter (BRL) on January 15 in response to a proposal by the American Optometric Association (AOA) and AOAExcel GPO, LLC to expand their group purchasing arrangement.

In a month of short winter days, blustery weather, and Siberian-like temperatures, Health Law Scan upped the thermostat in January beginning with an important analysis of the Texas v. Azar decision by the US Court of Appeals for the Fifth Circuit on the constitutionality of the Affordable Care Act.

We hope you were able to join us for two back-to-back, action-packed Fast Break sessions in December and January.