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.
ACOs and patient choice—What providers need to knowBy Elias N. Matsakis & Sabrina CuaHealth Care Law, December 2013The Affordable Care Act authorized the Center for Medicare and Medicaid Services (CMS) to establish the Medicare Shared Savings Program (MSSP). To accomplish its goals, this program, relies on accountable care organizations (ACOs) that contract with CMS. This issue of the Health Care Lawyer includes an article by Elias N. Matsakis and Sabrina Cua of Holland & Knight discussing ACOs with a focus on issues related to patient choice in receiving care.
Drug compounding: Clear authority and more reliable data needed to strengthen FDA oversightHealth Care Law, September 2013In the last year, there have been several instances of contamination and patient injury in widely used drugs supplied to physicians and hospitals by drug compounding companies. The most recent incident was in August of this year involving a Texas compounding company. The Government Accountability Office (GAO) released a report in July 2013 looking at the issue of regulatory oversight of compounding companies. A summary of the GAO report is included in this issue.
The Affordable Care Act—Will stand-alone hospitals sink or swim?By John J. TufanoHealth Care Law, March 2013For many stand-alone hospitals, merging, partnering, or affiliating with larger hospital networks may be their only option to remain viable and achieve certain scales required by the Patient Protection and Affordable Care Act.
All the latest developments in health care lawBy W. Eugene Basanta, Brittany Pape, & Nicholas SchroerHealth Care Law, March 2013U.S. Supreme Court rejects state action defense in antitrust action involving hospital sale. In doing so the Court rejects analysis of Eleventh Circuit Court of Appeals.
The Affordable Care Act—Will stand-alone hospitals sink or swim?By John J. TufanoBusiness and Securities Law, January 2013For many stand-alone hospitals, merging, partnering, or affiliating with larger hospital networks may be their only option to remain viable and achieve certain scales required by the Patient Protection and Affordable Care Act.
The amendment to the Health Care Services Lien ActBy Bridget DuignanTort Law, December 2012The amended Act provides certainty and a more level playing field for insurance companies and individual insureds within the context of bodily injury and death claims.
Estimates for the insurance coverage provisions of the Affordable Care Act updated for the recent Supreme Court decisionHealth Care Law, September 2012In July, the Congressional Budget Office (CBO) released two reports, one looking at the budgetary impact of the U.S. Supreme Court’s decision regarding expansion of the Medicaid program under the Affordable Care Act (ACA) and the other examining the budgetary costs associated with a possible repeal of the ACA. Summaries of these reports are included in this issue of the Health Care Lawyer.
Patents, medication, and WHO controls them: A look inside a potential negotiator of the patented drug tradeBy Veena TripathiInternational and Immigration Law, August 2012Global health is plagued by the inefficiencies of developing countries to gain access to medications. The inability for these countries to access these medications can be often blamed on the lack of patent regulation. The author reports on the past and current state of global patents for necessary medications and suggests that the World Health Organization, a branch of the United Nations, can be the mediator in this relationship.
