All the latest developments in health care lawBy W. Eugene Basanta, Elizabeth LaRocca, & Ashley LindsleyHealth Care Law, December 2017Recent cases, legislation and regulations of interest to health care law practitioners.
Prescription opioids—Medicare needs to expand oversight efforts to reduce the risk of harmHealth Care Law, December 2017The over-prescription and misuse of highly addictive opioid pain medications has become a matter of intense national concern. In 2016, Medicare spending for opioids was almost $4.1 billion. In November, the Government Accountability Office (GAO) released a report examining Medicare’s oversight with respect to opioid use and prescription. A summary of this report is presented in this issue.
All the latest developments in health care lawBy W. Eugene Basanta, Elizabeth LaRocca, & Ashley LindsleyHealth Care Law, September 2017Recent cases, legislation and regulations of interest to health care law practitioners.
Hospital value-based purchasing—CMS should take steps to ensure lower quality hospitals do not qualify for bonusesHealth Care Law, September 2017As the health care system moves away from the traditional fee-for-service payment model, new payment schemes have emerged. One such Medicare payment method involves Hospital Value-based Purchasing (HVBP). This issue of the Health Care Lawyer includes a summary of a recent Government Accountability Office (GAO) study of HVBP.
All the latest developments in health care lawBy W. Eugene Basanta, Ashley Lindsley, & Chelbie A. MitchellHealth Care Law, June 2017Recent cases, legislation and regulations of interest to health care law practitioners.
2017 offers hope and change for Health Savings AccountsBy Jessica BejereaHealth Care Law, March 2017A look at the renewed interest in Health Savings Accounts as Congress begins to debate the future of the Affordable Care Act.
All the latest developments in health care lawBy W. Eugene Basanta, Elizabeth LaRocca, & Chelbie A. MitchellHealth Care Law, March 2017Recent cases, legislation and regulations of interest to health care law practitioners.
Health care quality: HHS should set priorities and comprehensively plan its efforts to better align health quality measuresEmployee Benefits, March 2017In addition to discussing recent health law court decisions, this issue of the Health Care Lawyer includes the summary of a recent Government Accountability Office report HHS Should Set Priorities and Comprehensively Plan Its Efforts to Better Align Health Quality Measures which looks at the problems caused to providers by the use of multiple, differing quality measures.
Health care quality: HHS should set priorities and comprehensively plan its efforts to better align health quality measuresHealth Care Law, December 2016In addition to discussing recent health law court decisions, this issue of the Health Care Lawyer includes the summary of a recent Government Accountability Office report HHS Should Set Priorities and Comprehensively Plan Its Efforts to Better Align Health Quality Measures which looks at the problems caused to providers by the use of multiple, differing quality measures.
Protecting your clients’ healthcare licenses after a medical malpractice case: Your failure to watch out for their licenses could cost you yoursBy Michael V. FaviaHealth Care Law, September 2016When a health care professional faces a malpractice suit there can be a variety of collateral consequences. This includes the possibility of licensure investigation and potential sanctions. In this issue of the Health Care Lawyer, an article by Health Care Section Council member Michael Favia, "Protecting Your Clients’ Healthcare Licenses After a Medical Malpractice Case: Your Failure to Watch Out for Their Licenses Could Cost You Yours" offers helpful guidance for attorneys facing such a situation.
Meeting the needs of health care clients in liability litigation—What defense counsel needs to rememberBy James AdamsonHealth Care Law, March 2016Jim Adamson begins his article by observing that “The most important element to remember about the attorney-client relationship is that the attorney is serving the needs of the client.” This useful article is designed to help new health care lawyers as they enter this area of practice with helpful insights about how to provide clients with high-quality professional representation.
Individual accountability for corporate wrongdoingHealth Care Law, December 2015In addition to summaries of recent health law cases, this issue features a reprint of the “Yates Memo.” On September 9, 2015, Deputy U.S. Attorney General Sally Quillian Yates issued a memorandum addressed to assistant U.S. attorneys that signals a change in the approach the federal government will be taking to corporate investigations and prosecutions. Health care attorneys likely should be familiar with this memo.
Pharmacist dispensing error…Is a 622 affidavit required?By Nick KujawaGeneral Practice, Solo, and Small Firm, November 2015A dispensing error case can be pled as ordinary negligence and should survive a motion to dismiss as there is no requirement for a 622 affidavit.
Outside investment in health care: A very attractive hot potatoBy Thomas B. Shapira & Louis S. HarrisonHealth Care Law, September 2015The June issue of the Health Care Lawyer included an article by Lawrence Stark, “Professional Services Corporations and Medical Corporations in Illinois—A Brief Primer.” That article discussed some of the drafting and other legal requirements to form a professional service corporation under Illinois law. In this issue, an article by Thomas B. Shapira and Louis S. Harrison, “Outside Investment in Health Care: A Very Attractive Hot Potato,” addresses some particular issues in organizing health care providers in Illinois, including the “corporate practice of medicine” doctrine.
Professional services corporations and medical corporations in Illinois—A brief primerBy Lawrence J. StarkHealth Care Law, June 2015For Illinois physicians and other health care professionals who want to incorporate, a basic understanding of the relevant statutes and regulations is critical. This issue of the Health Care Lawyer provides a useful primer on this topic. And, look for an article in an upcoming issue discussing the "corporate practice doctrine" in Illinois
Health care transparency—Actions needed to improve cost and quality information for consumersHealth Care Law, December 2014A major trend in the evolving health care world is greater participation by consumers in choosing where and from whom they get their care. To do so, consumers must have more access to quality and cost information in order to make informed decisions. A recent Government Accountability Office report, "Health Care Transparency—Actions Needed To Improve Cost and Quality Information for Consumers," looks at the need for “transparency” in this context.
The Supreme Court’s impending decision in the contraceptive mandate cases: Will it go the way of the Seventh Circuit?By Valerie J. MunsonHealth Care Law, June 2014The Affordable Care Act’s contraceptive mandate, and its application to secular corporations with strong religious orientations, has been the subject of multiple and conflicting decisions from the lower federal courts. On March 24, 2014, the U.S. Supreme Court heard oral argument in two cases in which secular corporations have sought exemption from the contraceptive mandate on free exercise grounds. This article examines the arguments advanced before the Court and suggests how the cases may be resolved.
