The U.S. Supreme Court recently struck down a North Carolina law that allowed state officials to seize one-third of a medical malpractice settlement paid to a Medicaid recipient. In the case, Wos v. EMA, North Carolina claimed over $900,000 of a legal settlement won by the parents of a 13-year-old girl born with serious injuries that… Read more »
This article was originally published in the February 2013 issue of New Jersey Lawyer Magazine, a publication of the New Jersey State Bar Association, and is reprinted here with permission. Related Information: Collateral Consequences of Healthcare Prosecutions
On January 2, 2013, the U.S. Department of Health and Human Services (“HHS”) announced the first settlement involving potential violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Security Rule involving less than 500 patients. The $50,000 settlement resulted from a breach of unprotected electronic protected health information (“ePHI”) on a stolen laptop. The HIPAA… Read more »
Published in AHLA Connections (Sept. 2012) © 2012 American Health Lawyers Association. Reprint permission granted. Related Information: Who Is Enforcing the Stark Law of the United States?
As part of its ongoing effort to improve the quality of health care and eliminate Medicaid waste, fraud and abuse, the Office of the Inspector General (OIG) for the U.S. Department of Health and Human Resources issued its June 2012 report concerning its oversight of quality of care in home and community-based services (HCBS) waiver… Read more »
On June 28, 2012, a sharply divided United States Supreme Court decided that The Patient Protection and Affordable Care Act (“PPACA”) is constitutional. National Federation of Independent Business, et. al. v. Sebelius, et al., 567 U.S. __ (2012) (cites here to Slip Opinion). Three separate Opinions – by Chief Justice Roberts (writing for the Court), Justice… Read more »
In Brown v. Genesis II, the West Virginia Supreme Court, on remand from the United States Supreme Court, again considered the enforceability of an arbitration agreement in a nursing home negligence case. In Brown I, the West Virginia Supreme Court found that Congress did not intend for nursing home arbitration agreements to be governed by the Federal… Read more »
Marc S. Raspanti will participate on the panel, “Mediation of False Claims Act Cases” on May 9-11, 2012 in Las Vegas, NV. This program is perfect for health care attorneys, compliance professionals, regulators, prosecutors, criminal defense attorneys and qui tam relators’ counsel. Discuss current legal and ethical issues that arise in the health care fraud practice Learn about… Read more »
On December 22, 2011, an equally divided Pennsylvania Supreme Court dramatically extended liability for negligent infliction of emotional distress (“NIED”) to “special relationship” breach of contract or breach of fiduciary duty cases, in Toney v. Chester County Hospital, —A.3d— (Pa. 2011), 2011 WL 6413948. The decision exposes health care providers to liability where there is a… Read more »
Center for Medicare Services (CMS) Issues Final Rules on Accountable Care Organizations (ACO) CMS recently issued final rules on ACOs (under the Medicare Shared Savings Program) that encourage a variety of health care providers to form networks to deliver more efficient care. Initially, CMS proposed that ACO’s share not only in the cost savings generated, but… Read more »