Timely insights and legal commentary on various health care issues and developments surrounding regulations, employment, transactions and a range of key industry matters. This blog is maintained by the Health Care Department of Stevens & Lee.
In a unanimous decision, the U.S. Supreme Court ruled that the False Claims Act’s scienter element refers to a defendant’s knowledge and subjective beliefs — not to what an objectively reasonable person may have known or believed.
The Sixth Circuit issued an order denying the request for a rehearing of a case involving a hospital’s decision not to hire an ophthalmologist in return for a general commitment of continued surgery referrals from another ophthalmologist.
While it anticipated that LCMC and HCA will file motions requesting that the FTC’s case be transferred to the Eastern District of Louisiana, it is not clear at this juncture which court will ultimately adjudicate the pending suits.
Centers for Medicare & Medicaid Services issued a number of proposed rules that would materially impact reimbursement rates for skilled nursing facilities (SNFs), inpatient psychiatric facilities (IPFs) and inpatient rehabilitation facilities (IRFs).
A recent U.S. District Court decision provides a good example of how federal courts will apply the public disclosure/original source rules in whistleblower cases alleging that health care providers violated the False Claims Act.
Since the Stark Law is a strict liability statute, with significant civil penalties for violations, this immediate compliance requirement should be noted by parties currently relying on a blanket waiver to protect an arrangement.
Parties to a covered transaction would be well-advised to develop strategies to predict and avoid pitfalls, in addition to assuring compliance with legal requirements. We examine Key workforce, logistical and messaging considerations.
In the context of a minor patient’s consent to inpatient behavioral health treatment, Pennsylvania law and regulations address parental notice and objection rights, but it is not so clear in the outpatient context.
Passage of the Bill would vest substantial authority in the DOH to scrutinize Material Transactions and apply additional, material conditions on Health Care Entities that wish to consummate covered transactions.