Health Law Observer
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.
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In its complaint, the FTC alleges that USAP and Welsh Carson carried out a three-part plan to consolidate and monopolize the anesthesiology market in Texas.
This dismissal comes in the aftermath of the DOJ having previously lost four other criminal cases involving either no-poach or wage-fixing agreements.
A recently decided case out of Connecticut provides a useful examination of how antitrust standing issues may be analyzed in cases involving commercially insured patients directly suing a health care system alleging economic harm.
This well-laid out reference guide will make life easier for compliance professionals and applies to all health care industry stakeholders.
Late-stage transaction conflicts are not impassible and, if considered appropriately, can even result in an additional benefit to the Seller.
The OIG recently ruled that a proposed arrangement offering that required additional devices billed to federal health care programs would violate the federal Anti-Kickback Statute and the Beneficiary Inducements Civil Monetary Penalties Law.
We examine the gag clause prohibitions affecting health plan contracts and related compliance processes and issues.
The OIG recently considered the question whether an employed physician can be paid bonus compensation relating to procedures performed by the physician without violating the federal Anti-Kickback Statute.
With the fact that the constitutional challenges to its structure/processes would now be adjudicated by a district court, the FTC announced it was dropping its case.
U.S. Supreme Court Declines to Clarify Key Provisions of the False Claims and Anti-kickback Statutes
The U.S. Supreme Court denied the request of qui tam relators that it review the Sixth Circuit’s decision in a recent case resulting in an unregistered meaning for both Anti-kickback Statue and False Claims Act.
The District Court for the District of Louisiana recently issued an order granting motions for summary judgment in favor of a notable hospital merger, holding that Louisiana’s issuance of a COPA constituted state action.
The False Claims Act’s materiality requirement as articulated by the U.S. Supreme Court in Universal Health Servs., Inc. v. United States ex rel. Escobar, 579 U.S. 176 was again front and center in a case decided by the Third Circuit Court of Appeals.
The FTC filed suit alleging that U.S. Anesthesia Partners, Inc. and the private equity firms, creating USAP, executed a multi-year anticompetitive scheme to consolidate anesthesiology practices in Texas to drive up prices in order to boost their own profits.
We discuss rebuttal evidence that merging parties may offer to show that no substantial lessening of competition is threatened by the proposed merger.
The workshops are aimed at promoting a “dynamic discussion” about the draft guidelines to complement the comments currently being submitted.
The OIG opinion is significant in that it again illustrates how the OIG may treat business arrangements with characteristics of a contractual joint venture as prohibited arrangements.
This post walks through a few of the requirements for the resident’s written agreement upon admission to a New Jersey assisted living residence.
This post provides additional detail as to how some of the 13 specific guidelines in the Proposed Guidelines are likely to be applied by the Agencies, especially as they are likely to impact mergers involving health care systems.
These efforts aim to permit health care entities to provide wellness programs to assist physicians and other clinicians seeking help for their mental health.
The DOJ and FTC jointly issued a draft update of their Merger Guidelines intended to describe and guide the Agencies’ review of mergers and acquisitions to determine compliance with federal antitrust laws.
The Federal Trade Commission announced that it was withdrawing two antitrust policy statements related to enforcement in health care markets.
The Patient Safety Act proposes specific patient-to-nurse staffing ratios, staffing plans and reporting requirements for Pennsylvania hospitals, as well as protections for nurses in noncompliant hospitals.
New Jersey’s First Hospital-Based Supportive Housing Opened Via Pioneering State Partnership Program
Barclay Place is a 56-unit housing community where supportive services are offered by St. Joseph’s Health.
The Court may have opened a door to what will ultimately become intense disagreement between the Government and relators on the one hand and FCA defendants on the other as to the meaning of the term “knowingly” as used in the FCA.