Health Care Counsel Blog

California is one of a handful of states requiring employers to pay a certain minimum to employees as reporting time, or “show up,” pay. 

California hospitals, medical staffs, and medical groups, take note: In addressing an issue that has been debated for years, the California Court of Appeal has concluded that a hospital’s directive to a group in a “closed” department to not schedule a practitioner due to competency issues constitute

Headlines that Matter for Companies and Executives in Regulated Industries

The Department of Health and Human Services Office of Inspector General has released a proposed rule (the Proposed Rule) that would make significant changes to an often relied upon Anti-Kickback Statute regulatory “safe harbor” – the Discount Safe Harbor – pursuant to which pharmaceutical manufactur

Headlines that Matter for Companies and Executives in Regulated Industries

Headlines that Matter for Companies and Executives in Regulated Industries

In a long-awaited opinion, the Eighth Circuit Court of Appeals struck a blow to UnitedHealth Group. Inc.’s (“United”) sweeping overpayment recovery scheme.

Headlines that Matter for Companies and Executives in Regulated Industries

On January 7, the US Supreme Court declined to review United States ex rel. Campie v. Gilead Sciences, Inc., 862 F.3d 890 (9th Cir. 2017), leaving in place a plaintiff-friendly decision by the Ninth Circuit regarding the False Claims Act’s materiality requirement.

Headlines that Matter for Companies and Executives in Regulated Industries

The end of 2018 saw good news for hospitals affected by the lowered Medicare Part B reimbursement rates for certain outpatient drugs that went into effect January 1, 2018.

The Department of Justice recently published its annual False Claims Act (FCA) recoveries statistics for Fiscal Year 2018, reporting nearly $2.9 billion in FCA settlements and judgments in FY 2018.

When it comes to Fair Labor Standards Act compliance, a recent Department of Labor opinion letter reminds employers that they must sweat the details.

Headlines that Matter for Companies and Executives in Regulated Industries

In Los Angeles alone, the LA City Attorney’s Office has in recent years initiated numerous lawsuits against hospitals and nursing facilities for homeless patient “dumping” – a practice generally described as discharging homeless persons without regard to their safety or ability to find shelter.

Headlines that Matter for Companies and Executives in Regulated Industries

We are very pleased to announce that our Health Care attorneys will be hosting two Medical Staff Leaders and the Law Conferences in 2019.

Headlines that Matter for Companies and Executives in Regulated Industries

We are pleased to announce that Arent Fox professionals will be presenting during the 2019 Chief of Staff Boot Camp hosted by The Institute for Medical Leadership.

The Office of Inspector General for the Department of Health and Human Services recently published its Semiannual Report to Congress, for the period April 1 to September 30, 2018.

On November 30, HRSA announced that it is “notifying all stakeholders that the secure pricing component of the 340B Office of Pharmacy Affairs Information System (340B OPAIS) will be open for the submission of manufacturer pricing data in the first quarter of 2019.”

At an FCPA conference on November 29, Deputy Attorney General Rod Rosenstein announced revisions to DOJ’s policy regarding pursuit of individuals involved in corporate wrongdoing. The current policy, memorialized in the 2015 “Yates Memo,” instructed that, “[t]o be eligible for any cooperation credit

The Centers for Medicare & Medicaid Services (CMS) released an advance notice of proposed rulemaking (the ANPR) seeking comments on its proposal to dramatically change the way the agency pays for separately payable Part B drugs and biologicals.

Headlines that Matter for Companies and Executives in Regulated Industries

Headlines that Matter for Companies and Executives in Regulated Industries