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.
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.
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.
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.
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.
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.
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 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.
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.