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Health
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July 30, 2024
Florida Residents Urge 11th Circ. Keep Block On Gender Law
Transgender adults and children in Florida on Monday urged the Eleventh Circuit to reject the state's attempt to enforce a law restricting gender-affirming treatment for transgender minors and adults while the case is on appeal.
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July 30, 2024
Mass. Says $30M Funding For Steward Will Fund Quick Sales
The Commonwealth of Massachusetts has told a Texas bankruptcy judge that its agreement to pay $30 million to debtor Steward Health Care is designed to help fund operations at the debtor's struggling hospitals while sales are pursued.
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July 30, 2024
PBMs Urge Justices To Reject Review Of Okla. Law Dispute
An industry trade group representing pharmacy benefits managers urged the U.S. Supreme Court not to disturb its Tenth Circuit victory, which held that an Oklahoma statute regulating PBMs ran afoul of preemption provisions in both the Employee Retirement Income Security Act and Medicare Part D.
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July 30, 2024
Psychedelics And The Law: A Midyear Review
A groundbreaking effort to secure federal approval for a psychedelic medication hit an unexpected snag. Religious groups asserting the right to access controlled substances had mixed success in federal court. Physicians seeking to administer psilocybin to terminally ill patients will finally have their day in court. Here are the major developments in psychedelics law from the first half of 2024.
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July 30, 2024
Former Prosecutor 'Coming Back Home' To NJ Boutique
After prosecuting federal healthcare crimes in New Jersey, a former assistant U.S. attorney has returned to boutique firm Calcagni & Kanefsky LLP to guide clients as part of the firm's white collar criminal and regulatory defense and investigations practice with a focus on healthcare litigation and licensing, the firm announced Tuesday.
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July 30, 2024
4th Circuit Sends Fees Math In OT Cases Back To Va. Court
A Virginia federal court didn't support its decision to award nearly $420,000 in attorney fees and costs in two consolidated suits seeking unpaid overtime from a healthcare company, the Fourth Circuit ruled, sending the cases back.
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July 30, 2024
Mich. COVID-19 Liability Law Shields Regular Healthcare Too
A 2020 law protecting healthcare providers and facilities from liability for their response to the early COVID-19 pandemic also applies to regular care provided during that time, a Michigan appellate panel said, finding that resources diverted because of the state's response affected other areas of care.
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July 30, 2024
UK Healthcare Ex-Directors Banned For £30M In Unpaid Taxes
Two former directors of a defunct U.K. healthcare company are banned from holding executive positions at any business after failing to pay more than £30 million ($38.5 million) in taxes, the government's insolvency agency said Tuesday.
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July 30, 2024
Litigator Rejoins Faegre Drinker From Medical Device Co.
Faegre Drinker Biddle & Reath LLP's newest lateral hire is stepping back into private practice after two years as associate general counsel for orthopedic implant company Exactech, and should be a familiar face around the firm's Indianapolis office.
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July 30, 2024
NLRB Says Judge Protection Arg Can't Tank Injunction Bids
A Michigan hospital can't use the argument that National Labor Relations Board judges are unconstitutionally protected from presidential removal to tank a federal injunction bid linked to an agency case, a board official told a Michigan federal court.
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July 30, 2024
Rising Star: O'Melveny's Elizabeth Bock
Elizabeth Bock of O'Melveny & Myers LLP has mounted a staunch defense of Medicare Advantage organizations in False Claims Act cases, including her work securing the dismissal of two qui tam cases against Elevance Health Inc., earning her a spot among the healthcare attorneys under 40 honored by Law360 as Rising Stars.
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July 30, 2024
What Mass. Attys Will Be Watching In The 2nd Half Of 2024
Two potentially sweeping Massachusetts high court rulings and a long-awaited employment bill lingering in the State House are among the issues Bay State attorneys say they are monitoring closely heading into the latter half of 2024.
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July 29, 2024
NIST Lays Out 200+ Ways To Tackle Generative AI Risks
The National Institute of Standards and Technology has recommended hundreds of actions that can be taken to address issues of data privacy, intellectual property, environmental impact and more raised by generative artificial intelligence.
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July 29, 2024
Feds Say Tenn., NC Hospitals Overpaid Doctors For Referrals
A Tennessee-based hospital system violated the False Claims Act by taking $27.8 million in public healthcare allotments while overpaying doctors, sometimes by three times the average physician's pay, to make internal referrals, according to a lawsuit the U.S. Department of Justice has joined.
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July 29, 2024
Court Won't Revive Woman's Postpartum Hospital Fall Suit
A Minnesota appeals court declined Monday to reinstate a woman's claims against a hospital alleging that a nurse caused her to fall and hit her head by encouraging her to take a bath after giving birth, saying the trial court rightly found that her experts' opinions didn't do enough to establish her case.
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July 29, 2024
Judge Blocks Medical Records Co.'s Anti-Bot Captchas
A Maryland federal judge on Monday enjoined electronic medical records company PointClickCare from blocking nursing home analytics company Real Time Medical Systems from accessing patient data with automated bots, saying PCC's firewall wasn't justified by concerns over security or system speed.
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July 29, 2024
Watchdog Says Zoom Call Doesn't Warrant Nixing $25.3M Deal
The U.S. Government Accountability Office has refused to undo a $25.3 million contract to support the National Institutes of Health, unconvinced that the agency had revealed a bidder's proprietary information during a Zoom call with the eventual contract winner.
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July 29, 2024
SEIU Escapes Hospital Worker's Harassment Suit
A New York federal judge tossed a hospital worker's claims alleging a Service Employees International Union local failed to help address harassment she faced on the job, saying the claims against the union are preempted by federal law.
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July 29, 2024
7th Circ. Revives Health Workers' COVID Vaccine Bias Suits
The Seventh Circuit reopened two lawsuits Monday accusing a health system of unlawfully rejecting requests by a Christian nurse and pharmacy technician to be excused from a COVID-19 vaccine mandate, ruling the religious nature of their exemption bids wasn't nullified by secular aspects of their arguments.
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July 29, 2024
Delaware Hospital Sues State Over 'Unconstitutional' New Law
The largest hospital system and healthcare provider in Delaware sued the state's governor and other officials in Delaware's Court of Chancery Monday, asserting that newly enacted legislation enabling a government-appointed board to review hospital costs is unconstitutional and should be struck down.
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July 29, 2024
Insurer Must Pay Defamation Defense Costs, Co. Says
An online health services company told a California federal court that a Hanover Insurance unit must help cover the "tens of millions of dollars" the company incurred while litigating an underlying defamation counterclaim and pursuing its own affirmative claims, calling the defense counsel the insurer installed "woefully inadequate."
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July 29, 2024
Medical Co. Fights To Reboot Arbitration Bid At 9th Circ.
A private-equity owned medical product maker urged the Ninth Circuit on Monday to reverse a finding that a truck loader's proposed class wage claims are exempt from federal arbitration law, arguing that the court erred in finding that she engaged in interstate commerce based on "super flimsy evidence" and is exempt.
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July 29, 2024
Boehringer Appeals HHS Win In Medicare Drug Price Suit
Boehringer Ingelheim Pharmaceuticals Inc. notified a Connecticut federal court Friday that it will appeal its loss in a lawsuit challenging a new Medicare drug price negotiation program on the grounds that it unlawfully compels the pharmaceutical giant to declare prices "fair," takes its property and imposes an excessive fine.
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July 29, 2024
Kirkland-Led Amulet Closes $1.2B Health-Focused Fund
Kirkland & Ellis LLP-advised private equity shop Amulet Capital Partners LP on Monday announced that it successfully closed its third healthcare-focused private equity fund with roughly $1.2 billion in tow.
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July 29, 2024
Cardiologist Hits Mass. Hospital With Equal Pay Suit
A cardiologist at Boston's Brigham and Women's Hospital says a less experienced male colleague whom she helped train is being paid $95,000 more, in violation of the Massachusetts Equal Pay Act, according to a lawsuit filed in state court.
Expert Analysis
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How Tech Trackers May Implicate HIPAA After Hospital Ruling
A recent Texas federal court order in American Hospital Association v. Becerra adds a legal protection on key data, clarifying when tracking technologies implicate the Health Insurance Portability and Accountability Act, so organizations should ensure all technology used is known and accounted for, say John Howard and Myriah Jaworski at Clark Hill.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Big Business May Come To Rue The Post-Administrative State
Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.
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Opinion
Proposed Terminal Disclaimers Rule Harms Colleges, Startups
Universities and startups are ill-suited to follow the U.S. Patent and Trademark Office’s recently proposed rule on terminal disclaimers due to their necessity of filing patent applications early prior to contacting outside entities for funds and resources, say attorneys at Sterne Kessler.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Series
In The CFPB Playbook: Making Good On Bold Promises
The U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's funding structure in the second quarter cleared the way for the bureau to resume a number of high-priority initiatives, and it appears poised to charge ahead in working toward its aggressive preelection agenda, say Andrew Arculin and Paula Vigo Marqués at Blank Rome.
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Critical Questions Remain After High Court's Abortion Rulings
The U.S. Supreme Court's decisions in two major abortion-related cases this term largely preserve the status quo for now, but leave federal preemption, the Comstock Act and in vitro fertilization in limbo, say attorneys at Jenner & Block.
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A Look At Acquisition Trends For Radiopharmaceuticals
As radiopharmaceutical drugs are increasingly used for the diagnosis and treatment of certain diseases, interest from Big Pharma entities is following suit, despite some questions around the drugs' capacity to expand beyond their limited niche, says Adrian Toutoungi at Taylor Wessing.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Navigating FDA Supply Rule Leeway For Small Dispensers
As the November compliance deadline for the U.S. Food and Drug Administration's new pharmaceutical distribution supply chain rules draws closer, small dispensers should understand the narrow flexibilities that are available, and the questions to consider before taking advantage of them, say attorneys at Faegre Drinker.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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1st Gender Care Ban Provides Context For High Court Case
The history of Arkansas' ban on gender-affirming medical care — the first such legislation in the U.S. — provides important insight into the far-reaching ramifications that the U.S. Supreme Court's decision in U.S. v. Skrmetti next term will have on transgender healthcare, says Tyler Saenz at Baker Donelson.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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6 Lessons From DOJ's 1st Controlled Drug Case In Telehealth
Following the U.S. Department of Justice’s first-ever criminal prosecution over telehealth-prescribed controlled substances in U.S. v. Ruthia He, healthcare providers should be mindful of the risks associated with restricting the physician-patient relationship when crafting new business models, says Jonathan Porter at Husch Blackwell.
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Series
After Chevron: Scale Tips Favor Away From HHS Agencies
The loss of Chevron deference may indirectly aid parties in challenging the U.S. Department of Health and Human Services' interpretations of regulations and could immediately influence several pending cases challenging HHS on technical questions and agency authority, say attorneys at Ropes & Gray.