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Insights on Health Care

1231 total results. Page 9 of 50.

Alerts
Cross-Plan Offsetting: Recent Eighth Circuit Opinion Affirms Dismissal of Cross-Plan Offsetting Case Concluding Plaintiffs Did Not Sufficiently Establish Injury
July 30, 2024
Caroline Turner English, David S. Greenberg, Oluwaseun (Shay) Wells

In a recent opinion, Smith et al. v. UnitedHealth Group Inc. et al., the US Court of Appeals for the Eighth Circuit affirmed the dismissal of an Employee Retirement Income Security Act (ERISA) class action suit brought by health plan participants.

Investigations Blog
FCA Enforcement & Compliance Digest — Summer 2024 False Claims Act Newsletter
July 30, 2024
D. Jacques Smith, Randall A. Brater, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, Rebekkah R.N. Stoeckler

Welcome to the Summer 2024 issue of “FCA Enforcement & Compliance Digest,” our quarterly newsletter in which we compile essential updates on False Claims Act (FCA) enforcement trends, litigation, agency guidance, and compliance tips.

Investigations Blog
Post-Chevron Health Care Regulations: Using Loper Bright as a Shield in Stark Law Litigation
July 29, 2024
D. Jacques Smith, Hillary M. Stemple, Pascal Naples

Previously, we discussed how the US Supreme Court’s opinion in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce could create opportunities for private litigants to challenge health care-related agency actions.

Investigations Blog
Post-Chevron Health Care Regulations: What May Be in Store for Stark Law Litigation
July 23, 2024
D. Jacques Smith, Hillary M. Stemple, Pascal Naples

The US Supreme Court recently overturned its ruling in Chevron USA, Inc. v. Natural Resources Defense Council, Inc., changing the landscape for federal agency rulemaking and actions, particularly in the health care industry.

Health Care Counsel Blog
The Accelerating Kids’ Access to Care Act: Breaking Barriers for Pediatric Patients Across State Lines
July 19, 2024

In July 2023, US Senators Michael Bennet (D-CO) and Chuck Grassley (R-IA), along with US Representatives Lori Trahan (D-MA) and Mariannette Miller-Meeks (R-IA), introduced legislation to improve access to critical care for children with complex medical conditions that may not be available in their home state.

Health Care Counsel Blog
The 2025 Proposed Hospital Outpatient Prospective Payment System and Physician Fee Schedule Rules: What Pharma Stakeholders Need to Know
July 17, 2024
Stephanie Trunk, Shoshana Golden

Pharma’s favorite summer pastime is back again: reviewing the Centers for Medicare & Medicaid Services (CMS) release of the 2025 proposed Hospital Outpatient Prospective Payment System (HOPPS) and Physician Fee Schedule (PFS) rules.

Health Care Counsel Blog
Post-Chevron Health Care Regulations: The Dawn of a New Day
July 12, 2024
Douglas A. Grimm, Lowell C. Brown, David S. Greenberg, Pascal Naples

On June 28, the US Supreme Court overturned the Chevron doctrine — the legal principle that the judiciary should defer to a federal agency’s reasonable interpretation of an ambiguous statute.

Health Care Counsel Blog
FTC Rule Addressing Noncompete Covenants: Impact of Senior Executive Exception on Health Care Entities
July 8, 2024
Douglas A. Grimm, Moyosore O. Koya

The Federal Trade Commission’s (FTC) Final Rule banning noncompete covenants for workers is likely to present particular challenges for employers in the health care industry.

Press Release
Debra Albin-Riley Ranked Among Daily Journal’s 2024 ‘Top Women Lawyers’
July 3, 2024

ArentFox Schiff is pleased to announce that Partner Debra Albin-Riley has been named among the “Top Women Lawyers” in California by Daily Journal, the state’s premier legal publication.

Environmental Law Advisor
SCOTUS Update: Supreme Court Clarifies Organizational Standing in FDA-Related Ruling
June 28, 2024
J. Michael Showalter, Jill A. Steinberg, Shoshana Golden, Sarah L. Lode

A recent US Supreme Court decision, which grabbed headlines because it involved an abortion-related drug, with potential repercussions in litigation far-removed from health care due to the decision hinging on “standing,” i.e., when parties have been injured in a manner permitting them to sue.

News
Grimm Quoted on Increased State Access to 340B Drug Discounts
June 26, 2024
Douglas A. Grimm

Health Care Practice Leader Douglas A. Grimm was quoted on pharmaceutical manufacturers easing restrictions on 340B drug discounts as more states attempt to make the program’s benefits accessible.

Health Care Counsel Blog
The 340B ‘Saga’ Continued: HRSA, States, and Drug Manufacturers Contest 340B Contract Pharmacy Restrictions in Court
June 26, 2024
Douglas A. Grimm, Stephanie Trunk, Gayland O. Hethcoat II

In 2021, we provided an overview of multiple federal lawsuits challenging the US Department of Health and Human Services (HHS) Health Resources and Services Administration’s (HRSA) enforcement of the 340B Drug Pricing Program, particularly with respect to contract pharmacies.

Press Release
ArentFox Schiff Receives Top Tier Rankings from The Legal 500 2024
June 21, 2024

ArentFox Schiff is pleased to announce that 20 practices and 20 attorneys have been ranked by The Legal 500 United States 2024 guide, including two Tier 1 rankings in Intellectual Property – Patents: Prosecution and Finance – Restructuring: Municipal.

Alerts
Providers Face HIPAA Compliance Questions After Change Healthcare Cyberattack
June 18, 2024
Gayland O. Hethcoat II

Who will notify the potentially millions of individuals whose information might have been jeopardized by the massive cyberattack on Change Healthcare? Since the affiliate of UnitedHealth Group (UHG) first reported the cyberattack in February.

Press Release
Two Attorneys Named 2024 Client Service All-Stars by BTI Consulting
June 17, 2024

ArentFox Schiff is pleased to announce that Firmwide Managing Partner Brian Waldman and Partner Caroline Turner English have been named to the BTI Client Service All-Stars 2024, independently researched, client-driven ranking of attorney client service.

News
Grimm Quoted on FTC’s Swift Appeal in Hospital Merger Case
June 11, 2024
Douglas A. Grimm

Health Care Practice Leader Douglas A. Grimm was quoted on the Federal Trade Commission’s (FTC) rejected bid to block a proposed merger between two North Carolina hospitals.

Press Release
Chambers USA 2024 Recognizes 70 Attorneys and 23 Practices Among Nation’s Best
June 5, 2024

ArentFox Schiff is pleased to announce that 70 attorneys were recognized as leaders in their field and 23 practices spanning the firm’s litigation, regulatory, and transactional capabilities were ranked among the best in the country in the 2024 edition of Chambers USA: America’s Leading Lawyers for Business.

Health Care Counsel Blog
Emerging Opportunities for Hospitals in the Long Term Care Sector: Structuring Models and Key Considerations
June 4, 2024
Anne M. Murphy, Douglas A. Grimm

Recent events have caused hospitals and health systems nationwide to contemplate more robust participation in the long term care (LTC) sector, whether through modified ownership, joint venturing, clinical affiliation, or third-party management.

Health Care Counsel Blog
FTC Rule Addressing Noncompete Covenants: Impact on Individual Worker Agreements in the Health Care Industry
May 29, 2024
Douglas A. Grimm, Moyosore O. Koya

On May 7, the Federal Trade Commission (FTC) published a Final Rule banning noncompete covenants for workers, including employees, independent contractors, and volunteers.

Health Care Counsel Blog
OCR Finalizes HIPAA Privacy Rule to Support Reproductive Health Care Privacy
May 28, 2024
Jill A. Steinberg, Gayland O. Hethcoat II, Moyosore O. Koya

On April 26, the US Department of Health and Human Services Office for Civil Rights (OCR) published a Final Rule that adds protections under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule designed to support the privacy of reproductive health care.

Events
CAMSS Annual Education Forum 2024
May 20, 2024
Annie Chang Lee

Health Care Partner Annie Lee will present at the California Association Medical Staff Services’ (CAMSS) 53rd Annual Educational Forum in San Diego, California, on May 21, 2024.

Health Care Counsel Blog
New ADR Rule to Govern Disputes Between 340B Covered Entities and Drug Manufacturers
May 14, 2024
Douglas A. Grimm, Stephanie Trunk, Gayland O. Hethcoat II

Disputes between 340B Drug Pricing Program-covered entities and the drug manufacturers required to sell outpatient drugs to those entities at discounted prices will be governed by an alternative dispute resolution (ADR) process under a Final Rule published on April 19, by the US Department of Health and Human Services’ Health Resources and Services Administration (HRSA).

Alerts
Biden Administration Issues Final Rule Expanding ERISA Fiduciary Definition, Enhancing Protections for Pension Plan Participants
May 14, 2024
Caroline Turner English, Alison Lima Andersen

On April 23, the US Department of Labor (DOL) released a final rule significantly expanding the definition of who qualifies as a fiduciary under the Employee Retirement Income Security Act (ERISA) (the Retirement Security Rule or Final Rule).

Alerts
Breaking: Third Circuit Declares Mallinckrodt’s Future Royalty Payment Obligations Dischargeable – Caution, Warning, and Options
May 10, 2024
Andrew I. Silfen, Richard J. Berman, Beth M. Brownstein, Ahmed M.T. Riaz, Sailesh K. Patel, Jackson David Toof, Stephanie Trunk, Matthew R. Bentley, Nicholas A. Marten

On April 25, the US Court of Appeals for the Third Circuit issued its precedential opinion in Mallinckrodt v. Sanofi-Aventis, Case No. 23-1111.

Alerts
Fourth Circuit Rules that State Health Plans Must Cover Gender-Affirming Care
May 8, 2024
Alison Lima Andersen, Pascal Naples, Nicole Curtis Martinez

Last week, the US Court of Appeals for the Fourth Circuit issued a decision holding that state health care plans in North Carolina and West Virginia must cover gender-affirming surgeries.

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