Health Care

VIRTUAL CONFERENCE: Pamela Coyle Brecht Presenting at HCCA’s 24th Annual Compliance Institute

2020/03/30

Pamela Coyle Brecht will be presenting at the Health Care Compliance Association’s 24th Annual Compliance Institute in Nashville, Tennessee on March 30, 2020. The title of Ms. Brecht’s presentation is, “Healthcare Private Equity, Moving Into the Government’s Crosshairs.” Private equity (PE), through mergers and acquisitions, has moved into the healthcare space in a very big way. The future spend on healthcare in this country has attracted PE to take publicly-traded healthcare behemoths private and whistleblowers and law enforcement have taken notice. During this presentation, Ms. Brecht will review the pitfalls and sand traps for PE to avoid from due diligence through the post-M&A period. For more information about Pamela Coyle Brecht, we invite you to view her biography. For more information about the HCCA’s 24th Annual Compliance Institute, please visit their website here. Need more information about the False Claims Act? Please visit our False Claims Act Resource Center for Whistleblowers.   PLEASE NOTE THIS EVENT IS BEING TURNED INTO A VIRTUAL CONFERENCE. THE FULL DETAILS WILL BE RELEASED BY THE HCCA ON MARCH 18TH. PLEASE EMAIL NEWS@PIETRAGALLO.COM TO SUBSCRIBE TO UPDATES. Read More

Seven Pietragallo Lawyers Recognized in the Best Lawyers in America 2020 Guide

2019/08/15

Best Lawyers® has named seven Pietragallo Gordon Alfano Bosick & Raspanti, LLP lawyers in its newly released The Best Lawyers in America 2020 guide. The rankings are based entirely on peer-review content, designed to capture the consensus opinion of leading lawyers on the professional abilities of their colleagues within the same practice area and region. The following Pietragallo lawyers earned recognition: William Pietragallo for his work in the following fields: Bet-the-Company Litigation, Commercial Litigation, Personal Injury Litigation – Defendants Mark Gordon: Workers’ Compensation Law – Employers Gaetan Alfano: Commercial Litigation Marc S. Raspanti: Health Care Law Francis Pipak: Workers’ Compensation Law – Employers Clem Trischler: Commercial Litigation, Product Liability Litigation – Defendants Paul Kenneth Vey – Medical Malpractice Law – Defendants Paul Vey has been recognized by Best Lawyers since 2009 and has received additional acknowledgement in the 2020 Guide as a “Lawyer of the Year” in Medical Malpractice Law. For more information about Best Lawyers, please visit their website. For more information about our Attorneys, we invite you view Our Team pages. Read More

Michael Morse to present webinar for HCCA

2019/10/23

On October 23, 2019, Pietragallo Partner Michael A. Morse, in association with the Health Care Compliance Association (HCCA) will lead a webinar titled, “Supreme Court Delivers Important Victory for qui tam Whistleblowers.” During this webinar, attendees will: Learn about the Supreme Court’s latest FCA decision, which delivered two important victories for whistleblowers Discuss the Supreme Court’s active interest in the shaping False Claims Act litigation Discuss how the Supreme Court may weigh-in as courts grapple with the post-Escobar materiality standard For more information about Michael A. Morse, we invite you to view his biography. For more information about the webinar, please visit the HCCA’s website here. Read More

Pamela Coyle Brecht to present at “A Day on Health Law”

2019/10/30

Pamela Coyle Brecht has been invited to speak on a panel at the Pennsylvania Bar Institute’s “A Day on Health Law” event which is scheduled to take place on Wednesday, October 30, 2019, in Philadelphia. Ms. Brecht will be a part of the program titled “False Claims Act Update.” The number of False Claims Act cases filed and settled continues to rise. The panel will examine the most notable False Claims Act cases from the past year. The panel will also discuss major issues that have arisen – or that loom on the horizon – involving the FCA. “A Day on Health Law” is a one day event which selects the best of the best from the PBI’s Health Law Institute 2019. There are six one-hour topics on a variety of health law issues giving attendees “must know” information in the ever-changing world of health law. To attend the event, please be sure to register here. For more information about Pamela Coyle Brecht, the Chair of Pietragallo’s national False Claims Act Group, please be sure to visit her biography page. Read More

Michael Morse to present at PICPA Healthcare Conference

2019/06/11

Michael A. Morse will present at the Pennsylvania Institute of Certified Public Accountants on June 11, 2019 in Malvern, PA. His presentation, “Do your Ethics Policies address Fraud, Waste and Abuse?” will address CPA’s Ethical Obligations, Elements of an Effective Healthcare FWA Program, Federal/State Health Care Fraud Statutes, and more. For more information and to register for this event, please visit here: https://www.picpa.org/attend-cpe-events/conferences/picpa-health-care-conference Read More

AHLA In-House Counsel and Annual Meeting

June 25, 2018

Kevin E. Raphael will be presenting, “Sexual Harassment by Physicians: Implications on Medical Staff Privileges, Licensures, and Physician Practices,” at the American Health Lawyers Association’s In-House Counsel Program and Annual Meeting in Chicago, Il on June 25, 2018. Read More

Fraud and Compliance Forum

2017/10/04

Marc Stephen Raspanti will be speaking at the Fraud and Compliance Forum. His topic for presentation is on Medical Necessity and The False Claims Act. His co-presenters include John-David H. Thomas, J. Reginald Hill, and Jessica Sievert. The name of the presentation is titled, “Medical Necessity and the False Claims Act – Lions and Tigers and Experts, Oh My!” Read More

Sexual Harassment Claims at Educational Institutions, Including Medical Residence Programs, Covered by both Title VII and Title IX

March 31, 2017

On March 7, 2017 the Third Circuit issued its opinion in Doe v. Mercy Catholic Med. Ctr., 16-1247, — F.3d —-, 2017 WL 894455 (3d Cir. Mar. 7, 2017) addressing two matters of first impression in the Third Circuit: (a) whether a hospital’s residency program was an education program under Title IX of the Education Amendments of 1972; and (b) whether an employee of an educational program covered by Title IX could seek relief for sex discrimination despite the availability of relief under Title VII.   In Doe, plaintiff, a former medical resident of the defendant medical center, a private teaching hospital with a medical program, brought a claim of sex discrimination against Defendant.  The District Court dismissed plaintiff’s complaint, finding that Mercy was not an “education program or activity” under Title IX.   The Third Circuit found that Title IX applied to Mercy’s medical residency program.  The Court recognized that “education program or activity” was left undefined by statute but that Mercy’s position that the statute only applies to entities (unlike Mercy), principally engaged in providing educational offerings was untenable given the wide breadth of Title IX.  The Third Circuit found that a “program or activity” is covered by Title XI “if it has features such that one could reasonably consider its mission to be, at least in part, educational.” Id. at *6 (internal quotation marks and citations omitted).  The holding is in accord with case law from the First, Second, Eight, and Ninth Circuits as well as the interpretations of twenty-one federal agencies.  Id. at *6.   In analyzing the framework for the “educational program or activity” inquiry, the Court considered whether: (A) a program is incrementally structured through a particular course of study or training, whether full- or part-time; (B) a program allows participants to earn a degree or diploma, qualify for a certification or certification examination, or pursue a specific occupation or trade beyond mere on-the-job training; (C) a program provides instructors, examinations, an evaluation process or grades, or accepts tuition; or (D) the entities offering, accrediting, or otherwise regulating a program hold it out as educational in nature. Read More

Mobile Health App Makers Investigated For Fraud Into Settlement With The Office Of The Attorney General For The State Of New York

March 28, 2017

New York State Attorney General, A.G. Schneiderman, has put mobile health application developers on notice – “We won’t tolerate non-evidence-based apps that threaten the wellbeing of New Yorkers”. On March 23, 2017, AG Schneiderman announced settlements with three mobile health application developers after a year-long investigation into the marketing of mobile health applications distributed through Apple’s App Store and Google Play.  Three of the companies targeted in the investigation Cardiio, Runtastic, and Matis each entered into settlement agreements that require the companies to: (1) provide additional information about the testing of their apps; (2) change their ads to make them non-misleading; (3) post clear and prominent disclaimers informing consumers that the apps are not medical devices and are not approved by the FDA; and, (4) to pay $30,000 in combined penalties to the Office of the Attorney General. The settlements also require the developers to make certain fundamental changes to their apps to protect consumers’ privacy. The developers are now required to (1) secure affirmative consent to their privacy policies for these apps; and (2) disclose what information they collect and share that may be personally identifying, including a users’ GPS location, unique device identifier, and “deidentified” data that third parties may be able to use to re-identify specific users. Cardiio is an app “downloaded hundreds of thousands of times that claims to measure heart rates” during rigorous exercise, yet the accuracy of the app had not been tested for that purpose.  The Runtastic app “purports to measure heart rate and cardiovascular performance under stress” and again, as noted by the N.Y. AG’s office, the developer had failed to test the apps accuracy with users who had engaged in vigorous exercise.  Matis, an app downloaded hundreds of thousands of times, had previously claimed that its app could turn any smartphone into a fetal heart monitor, despite the fact that: (1) it had never been approved by the FDA; and, (2) it never conducted a comparison to an FDA approved fetal heart monitor or any other device that had been scientifically proven to amplify the sound of a fetal heartbeat. Read More

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