Articles and Blogs

NATIONAL HHS secretary warns Big Pharma: Lower prices, or ‘you’ll get whatever comes at you’ Amazon’s health-care ambitions shouldn’t be underestimated, says industry veteran HHS Unveils New Plan for Prescription Prices for Medicare Part B Drugs 15 leaders on why hospitals should hire a chief wellness officer Lawmakers ask CMS to reconsider ACO MSSP... READ MORE

On October 15, 2018, the National Protection and Programs Directorate (“NPPD”) of the U.S. Department of Homeland Security (“DHS”) and the U.S. Food and Drug Administration (“FDA”) entered into a Memorandum of Agreement (“MOA”) that formalizes a long-standing relationship between the agencies and implements a new framework for increased collaboration, information-sharing and coordination that... READ MORE

Joining the other circuit courts, the Fifth Circuit extends the time to appeal a civil case if the United States was a party. As long as the United States was actively involved in the case prior to the appeal, any party has 60 days to appeal. Background In United States v. Ronald Conner, [1]... READ MORE

The Fifth Circuit ruled that a whistleblower’s voluntary dismissal with prejudice cannot affect the Government’s ability to pursue related litigation. When the Government has not yet intervened, and thus is not a yet a party, a case cannot be dismissed with prejudice as to the Government by a whistleblower. Background In Vaughn, ex rel.... READ MORE

The U.S. Department of Health and Human Services (“HHS”) published in the Federal Register the 2018 updated civil monetary penalties (“CMPs”) adjusted for inflation as required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (§701 of Pub. Law 114-74) (the “Act”). The updated CMPs became effective on the date of... READ MORE

On October 25, 2018, the president signed a wide-ranging bipartisan legislative package to address the opioid epidemic. The enactment of the Substance Use–Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act, or the SUPPORT for Patients and Communities Act, (the “Act”) follows a lengthy process in both the Senate and... READ MORE

NATIONAL After stalling for months, HHS plans to accelerate 340B changes Hospitals could save $11M per year by streamlining supply chain services Time Magazine: The Health Care 50: Fifty people transforming health care in 2018 OCR Drafts NPRM on ‘Good Faith’ Patient Data Disclosure Rules Consumerism driving hospitals to break down cybersecurity boundaries OIG:... READ MORE

NATIONAL Azar Issues 2nd HIPAA Privacy Rule Waiver in As Many Months Aetna Reaches Settlements with State AGs Over HIPAA Violations CMS signs up 1,547 providers for new bundled payment model Amazon, Walmart patents highlight potential of biometric monitoring Grassley calls for Federal Trade Commission to examine hospital, insurer contracting 39 new ASCs were... READ MORE

On October 15, 2018, the Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) announced that it had reached a record $16 million settlement with Anthem arising out of alleged violations of the Privacy and Security Rules under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). The settlement comes... READ MORE

The Eleventh Circuit recently held that a qui tam relator cannot intervene in criminal forfeiture proceedings when the Government chooses to criminally prosecute fraud rather than intervene in a qui tam action. In United States v. Couch,[1] a former employee (“Relator”) of a pain management clinic in Alabama tried to recover amounts she believed... READ MORE