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1
Guest Post – Paint It Black: The Ninth Circuit OKs RICO Liability For Failure To Warn About Drug Safety Risks
Today's guest post, about a bottom-ten RICO third-party payor action from (no surprise) the Ninth Circuit, is by long-time friend of the blog
United States
13 Dec 2019
2
HHS OIG Report Touts FY 2019 Enforcement And Audit Accomplishments
According to its latest Semiannual Report to Congress, the Office of Inspector General (OIG) of the Department of Health and Human Services (HHS) expects fiscal year (FY) 2019...
United States
5 Dec 2019
3
Government Funding Bill Signed By President Trump Extends Expiring Federal Health Programs Through December 20
President Trump has signed into law a short-term continuing resolution that funds the federal government and extends certain expiring health care programs through December 20, 2019
United States
5 Dec 2019
4
On The Receiving End
We've used the phrase "one-two punch" before in the blog to describe a pair of legal decisions concerning the same product.
United States
3 Dec 2019
5
Picky Mdl Plaintiff Gets The Same Discovery Plate As Everyone Else
Picture this. Invitations go out for a Thanksgiving get-together and the host and expected guests together sort out who will bring what foods and how everything will be served.
United States
2 Dec 2019
6
New York State's Reproductive Health Law Necessitates Handbook Revisions
New York state employers, it's time to dust off and update your employee handbooks again. Earlier this month, Governor Andrew Cuomo signed a law that protects employees against discrimination
United States
2 Dec 2019
7
Illinois Refuses To Impose Duty On Pharmacy To Warn Patient Orally
When we discuss the learned intermediary rule, it is typically in the context of protecting our drug and device manufacturer clients. If a manufacturer warned the doctor
United States
2 Dec 2019
8
Eleventh Circuit Hears Oral Argument In Key FCA Materiality Case
On Wednesday, November 20, a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit heard oral argument in the closely watched False Claims Act (FCA) case of United States ...
United States
29 Nov 2019
9
Social Security Numbers Available On Public-Facing Website And Lack Of Timely Remedial Efforts Lead To $1.6 Million Civil Monetary Penalty Against Texas State Agency
The U.S. Department of Health and Human Services Office for Civil Rights' (OCR) recent imposition of a civil monetary penalty (CMP) against a Health Insurance Portability and Accountability Act
United States
27 Nov 2019
10
Controversial CMS Final Rule Requires Hospitals To Disclose Payer-Specific Charge Data; New Proposed Rule Would Impose Health Plan Transparency Requirements
The Centers for Medicare & Medicaid Services (CMS) finalized a "price transparency" rule that requires hospitals to make detailed charge data...
United States
27 Nov 2019
11
CMS Adopts Medicare OPPS And ASC Rates, Policy Updates For 2020
The Centers for Medicare & Medicaid Services (CMS) has finalized Medicare hospital outpatient prospective payment system (OPPS) and ambulatory surgical center (ASC) payment system
United States
27 Nov 2019
12
CMS Finalizes Medicare Physician Fee Schedule Rates And Policies For CY 2020
The Centers for Medicare & Medicaid Services (CMS) has published its final Medicare physician fee schedule (PFS) rule for calendar year (CY) 2020.
United States
26 Nov 2019
13
Limits To Duty 2.0 − On Product Manufacturers Supervising Doctors
Manufacturers supervising medical doctors? In two words, they don't. Yet plaintiffs, particularly in cases where preemption forecloses more normal product liability claims, try to get courts to impose such duties.
United States
22 Nov 2019
14
Medicare ESRD PPS Payments To Rise 1.6% For 2020 Under Final CMS Rule
The Centers for Medicare & Medicaid Services (CMS) has issued a final rule updating Medicare end-stage renal disease (ESRD) prospective payment system (PPS) rates for 2020
United States
22 Nov 2019
15
HHS Health Fraud Penalties Climb Again
Maximum civil monetary penalty (CMP) amounts that may be imposed by the Department of Health and Human Services (HHS)
United States
21 Nov 2019
16
CMS Announces Final 2020 HCPCS Codes
The Centers for Medicare & Medicaid Services (CMS) released its final 2020 alphanumeric Healthcare Common Procedure Coding System (HCPCS) update. The file includes HCPCS procedure and modifier codes
United States
21 Nov 2019
17
CMS Finalizes CY 2020 Medicare Home Health PPS, Infusion Therapy Policies
Aggregate Medicare home health prospective payment system (HH PPS) payments in calendar year (CY) 2020 will increase by 1.3%, or $250 million, compared to 2019 levels, under the Centers for Medicare & Medicaid Services'
United States
21 Nov 2019
18
CMS Plans Stakeholder Surveys To "Further Strengthen" The DMEPOS Competitive Bidding Program; Comment Opportunity Through December 20, 2019
The Centers for Medicare & Medicaid Services (CMS) is seeking public input on surveys that are intended to "further strengthen the monitoring
United States
21 Nov 2019
19
CMS Updates Basic Health Program Policies
The Centers for Medicare & Medicaid Services (CMS) has finalized the methodology and data sources it will use to determine 2019 and 2020 federal payment
United States
21 Nov 2019
20
Allina Comes To Our Neck Of The Woods
Last term, in a case that the Blog completely ignored, the Supreme Court held that a provision of the Medicare Act, 42 U.S.C. §1395hh(a)(2), required the Centers for Medicare & Medicaid Services ("CMS") to subject all Medicare-related determinations
United States
19 Nov 2019
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